Proshlyakov Aleksey Dmitrievich,

PhD Law, Professor of the Department of Criminal Proceedings, Urals State University of Law, 21, Komsomolskaya Str., Yekaterinburg, Russian Federation.

E-mail: up@usla.ru

Merzlyakova Marina Viktorovna,

Cand. Sc. Law, Associate Professor of the Department of Criminal Proceedings, Urals State University of Law, 21, Komsomolskaya Str., Yekaterinburg, Russian Federation.

E-mail: up@usla.ru

157—161

343.155 + 343.156

The article analyses the practice of revision of judgments by default. It is noted that provisions of the Criminal Procedural Code of the Russian Federation on the unconditional cancellation of the judgements by default upon the petition of the convicted or his defender under cassational procedure are often treated as interfering the appeal. Groundless implementation of part 7 of the article 247 of the Criminal Procedural Code of the Russian Federation for cancellation of the sentence decided in conditions of non-notification of the convict on the place and time of court session restricts the right for consideration of his/her case according to special procedure or by the court of jury. It is offered to make amendments to procedure of revision of the judgements by default having provided the convicted the choice: to exercise either the right for revision of a sentence or the right to submit the application for cancellation of a judgment by default at his/her own discretion during legally established reasonable terms having provided for permission of such petition according to the procedure of the pursued purposes.

judgment by default, cassation production, appeal production, violation of the criminal procedure law, usual order of judicial proceedings.