Procedural Errors Committed by the Court in the Preparatory Part of the Court Session, Which Served as the Basis for the Cancellation of the Court Decision

The procedure for conducting the preparatory part of the trial, regulated by Chapter 36 of the Code of Criminal Procedure of the Russian Federation, does not cause most judges and practitioners to question the specifics of its conduct. The Criminal Procedure Law accurately and concisely sets out the requirements for conducting procedural actions at this stage of the trial. However, the study of court decisions shows that a number of errors made by the court in the preparatory part of the trial are significant, which as a result leads to the cancellation of both sentences and rulings/rulings that have entered into force and have not entered into force. In this regard, it is necessary to know the types of procedural errors, as well as the legal nature and causes of their occurrence in order to improve the quality of the administration of justice. 
The objective of the study is to identify and systematize judicial errors that are the reason for the cancellation of court decisions and are regarded by the court as significant, committed during the consideration of criminal cases in the preparatory part of the trial, as well as to determine the legal nature and causes of their occurrence in order to improve the quality of the administration of justice.
The subject of the study is the norms of criminal procedure legislation, as well as court rulings and rulings issued based on the results of the appeal and cassation review of decisions of lower courts, both those that have entered into force and those that have not entered into force. The object of the study is public relations related to the verification of the legality of decisions made by the courts of first and appellate instance in terms of compliance with the procedure established by current legislation in the preparatory part of the trial. The study used methods of systematization and analysis of court decisions, logical justification of the results achieved. 
The author came to the conclusion that the requirements for declaring the composition of the court in the broad meaning of the term, clarification of the right to challenge with the opportunity to express their position, clarification of the full or partial range of rights to participants in the trial, attributed to the prosecution or defense, is unconditional. Violation of the above rights in whole or in part is the basis for the cancellation of a court decision in connection with the application of pt. 1 of Art. 389.1 of the Code of Criminal Procedure of the Russian Federation. Monitoring the decisions of the courts of first instance, as well as bringing to the attention of the legal positions of the courts of higher instance, will improve the quality of the administration of justice.