The subject matter of jurisdiction in consideraion of issues related to the implementation of final judgements in the russian criminal procedure

Abstract

The article examines the criteria that testify the determination of meritous subject matter of jurisdiction in consideration of issues related to the implementation of final judgments. As the main provisions allowing to point to the meritous subject matter of jurisdiction in consideration of issues related to the implementation of final judgments the following have to be mentioned: the nature of the issues to be examined by the court (objective, subjective, objective-subjective); relationship to the achievement of the objectives of punishment (related to the purposes of punishment or not related to it) and the degree of impact on the verdict (affect the sentence entirely or partially). In this case, the degree of significance of a criterion and its determinative nature with respect to the subject matter of jurisdiction can not be uniquely determined for all issues to be considered at this stage of the proceedings.