Не исключено, что заявители смогут прилагать к кассационным и надзорным жалобам незаверенные копии судебных решений по уголовным делам

Екатерина Чернявская

Не исключено, что заявители смогут прилагать к кассационным и надзорным жалобам незаверенные копии судебных решений по уголовным делам
Соответствующий законопроект1 внес в нижнюю палату парламента депутат Госдумы Юрий Синельщиков. Автор инициативы предлагает предоставить заявителям право прилагать к кассационным и надзорным жалобам незаверенные копии судебных решений. Кроме того, он считает необходимым предоставить им возможность изготавливать необходимое количество копий самостоятельно и за свой счет. 

Необходимость подобных изменений депутат объясняет тем, что в настоящий момент к кассационной и надзорной жалобам обязательно должны быть приложены заверенные копии обжалуемых судебных решений (ч. 5 ст. 401.4, ч. 4 ст. 412.3 Уголовно-процессуального кодекса). А в случае отказа в пересмотре этих судебных решений, их копии вместе с жалобой или представлением приобщаются к уголовному делу, то есть не возвращаются заявителю. Таким образом, заявителям приходится получать заверенные копии обжалуемых судебных решений для каждой новой инстанции, что на практике оказывается большой проблемой даже если суды находятся в одном регионе с заявителем, отмечает автор инициативы. Если же суды находятся в иных, в осособенности удаленных от места проживания заявителей населенных пунктах, или заявитель находится под стражей и не имеет возможности воспользоваться помощью адвоката для получения новых заверенных копий судебных решений, то обжаловать судебное решение становится для них затруднительно.

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Кроме того, по мнению разработчика документа, принятие законопроекта позволит снизить расходы судов общей юрисдикции и их организационную нагрузку.

Источник: garant.ru

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