Introduction. The specifics of appealing a verdict decided in a special procedure of judicial proceedings arise from the shortened procedure of judicial proceedings in which the verdict is decided, as well as the truncated content of the sentence. A significant reduction in the judicial investigation, which does not prove the guilt of the defendant, narrows the possibilities of appealing the verdict. Methods. On the basis of the general dialectical method of cognition, using general theoretical methods (analysis, synthesis, deduction, induction, logical, systematic) and private scientific methods (formal logical, legal analysis), the author investigated the features of appealing to the court of appeal of sentences decided in a special order of judicial proceedings, and revealed their content. Results. In this article, the author has identified and analyzed the main specific features that distinguish the appeal of a verdict decided in a special judicial procedure from the appeal of a verdict decided in the framework of an ordinary judicial procedure. Among the most important of these features, the author refers to: 1) narrowing the range of subjects of appeal: since only a guilty verdict can be issued in a special order, the justified person, as well as persons against whom a decision on the application of compulsory medical measures or minors to whom compulsory educational measures have been applied, cannot appeal against it; 2) reduction of the limits of appeal (the grounds for its appeal are narrowed – it is not allowed to appeal the inconsistency of the court’s conclusions with the actual circumstances of the case, since they were not investigated by the court and were not reflected in the descriptive and motivational part of the verdict); 3) substantial restriction of the rights of subjects of appeal proceedings (none of the participants in the process when filing appeals and submissions and their the court has no right to discuss issues of inconsistency of the conclusions of the court of first instance with the actual circumstances of the case). Discussion and Conclusion. The author comes to the conclusion that the specifics of appealing a verdict decided in a special procedure of judicial proceedings to the court of appeal are related both to the content of the verdict itself and to the specifics of its decision.
Asker S. Chich (Thu,) studied this question.