Екатерина Чернявская
Соответствующий законопроект, текст которого имеется в распоряжении портала ГАРАНТ.РУ, подготовил Верховный Суд РФ. Документом предлагается внести изменения в ряд статей Уголовно-процессуального кодекса и дать судьям право не оглашать мотивировочную часть приговоров по уголовным делам, зачитывая только вводные и резолютивные части. Суд объясняет это тем, что оглашение приговора, а также иных решений, принятых судом по итогам судебного разбирательства, порой занимает несколько дней и даже недель. Например, это характерно для разбирательств по уголовным делам о преступлениях, совершенных группой лиц, с большим числом эпизодов обвинения, а также по «серийным» преступлениям против личности. При этом все присутствующие в зале судебного заседания, включая состав суда, заслушивают его стоя, что весьма затруднительно для людей пожилого возраста и лиц, имеющих проблемы со здоровьем.
Кроме того, ВС РФ предлагает увеличить срок, в течение которого судья приступает к рассмотрению жалобы на решения и действия (бездействие) органов предварительного расследования и прокурора в судебном заседании с 5, как это предусмотрено сейчас ч. 3 ст. 125 УПК РФ до 14 суток. При этом для жалоб на действия (бездействие) и решения при производстве дознания в сокращенной форме срок предполагается оставить прежним. Это объясняется тем, что срок дознания в упрощенной форме не может превышать 15 суток (ч. 1 ст. 226.6 УПК РФ). По мнению ВС РФ, cуществующий 5-дневный срок для обжалования является недостаточным, поскольку не позволяет суду обеспечить надлежащую подготовку судебного заседания. В некоторых случаях в указанный срок невозможно истребовать копии необходимых материалов уголовного дела от дознавателя, следователя или прокурора, своевременно известить заинтересованных лиц, а также в полной мере обеспечить процессуальные права участвующих в судебном заседании лиц.
Вносимые поправки призваны повысить эффективность судебной деятельности и снизить служебную нагрузку на судей первой и апелляционной инстанций.
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