Subject of Dispute: Possibility of Reviewing an Investigating Judge’s Ruling on Permit for Special Pre-trial Investigation Based on Newly Discovered Circumstances.
Main Arguments of the Court:
1. Review based on newly discovered circumstances is an extraordinary procedure applied in exceptional cases.
2. Not all investigating judge’s rulings can be reviewed, only those that create significant restrictions on a person’s rights and have no other legal remedies.
3. The investigating judge’s decisions are temporary and have mechanisms for periodic review or appeal.
Court Decision: To uphold the ruling of the Appellate Chamber of the High Anti-Corruption Court on refusal to open appellate proceedings and reject the defense counsel’s cassation appeal.
Note: The Court deviates from its previous position regarding the impossibility of reviewing investigating judge’s rulings based on newly discovered circumstances.
