UNILATERALISM OR INCOMPLETENESS OF THE INQUIRY, PRELIMINARY AND (OR) JUDICIAL INVESTIGATION AS A GROUND FOR THE REVERSAL OR MODIFICATION OF THE JUDICIAL DECISION

The article is devoted to the unilateralism or incompleteness of the inquiry, preliminary or judicial investigation as a ground for the reversal or modification of the judicial decision, which is not provided for by the Criminal Procedure Code of the Russian Federation. It is noted that if the preliminary investigation in the criminal case is conducted unilaterally or not in full and this shortcoming is not eliminated by the court or if the judicial investigation is conducted unilaterally or not in full, the rights of participants in criminal proceedings enshrined by the Constitution of the Russian Federation and the Criminal Procedure Code are violated, and also the tasks of criminal proceedings enumerated in Art. 6 of the Criminal Procedure Code are not fully implemented. The author, therefore, proposes to supplement the Criminal Procedure Code with the indicated ground for the reversal or modification of the judicial decision.