The authors analyze the statements of the draft Resolution of the Plenum of the Supreme Court of the Russian Federation "On making amendments to the Resolution of the Plenum of the Supreme Court of the Russian Federation of 27 November 2012 no. 26 "On the application of norms of the Criminal Procedure Code of the Russian Federation regulating proceedings in the court of appeal"". The authors consider variants of verification of judgments made by the first-instance court during the preparation of a criminal case to be heard in the court of appeal suggested by the Plenum of the Supreme Court of the Russian Federation. They conclude that it is necessary to make independent verification of these judgments in the appeal procedure which is produced separately and before the review of the verdict over the criminal case. Two methods of this verification are suggested, it depends on the fact whether the criminal case has already been submitted to the court of appeal. The authors propose to develop the subject of verification, the list of the decisions of the court of appeal which can be made in the result of such verification. The exclusion from powers of the court of appeal of the possibility to determine mistakes made by the first-instance court during the preparation of a criminal case to be heard in the court of appeal is justified. Suggestions are formulated to make amendments into the Criminal Procedure Code of the Russian Federation which concern the determination of deadlines of appeal of intermediate judicial decisions and the trial procedure of such complaints in the court of appeal. The authors suggest giving a range of opportunities to a convicted person to realize the right to legal assistance in the court of appeal (to appoint a lawyer, to provide a possibility to take part in trial, including debates). The necessity to make some additional guarantees in the realization of the right to legal assistance in case of the participation of a convicted person in the trial of appeal using the system of videoconferencing is reasoned. The authors propose methods to resolve a possible conflict between different orders of appeal and cassation. It can be possible due to the existence of norms of Article 40115 of the Criminal Procedure Code of the Russian Federation and Chapter 45.1 of the Criminal Procedure Code of the Russian Federation (possibility to make an appeal petition and cassation application simultaneously in case of failure of circumstances which were the reasons of rendering the decision to hear the case in absence of the defendant). The authors support the necessity to forbid the rendering of the condemnatory judgment by the court of appeal due to the reversal of a decision to drop criminal charges made by the first-instance court. The existence of this proscription is a guarantee of the right to legal assistance and the right to hear the case in the first-instance court.
