CANCELLATION OF THE RESOLUTION ON THE TERMINATION OF CRIMINAL CASE IN THE LIGHT OF THE RESOLUTION OF THE CONSTITUTIONAL COURT OF THE RUSSIAN FEDERATION OF NOVEMBER 14, 2017

Abstract

Cancellation of the resolution on the termination of criminal case by the prosecutor without appropriate legislative regulation didn't promote protection of the rights and legitimate interests of participants of criminal trial. Numerous renewal of production on criminal case created uncertainty of the right status of the person. Besides, the procedure of cancellation of the resolution on the termination of criminal case had a long character caused by contradictions in the existing criminal procedure legislation. The resolution of the Constitutional Court of the Russian Federation has resolved a number of questions, having indicated the need of legislative settlement of an order of cancellation of the resolution on cessation of production on criminal case, but some questions of the procedure of adoption of the specified decision have remained unaddressed. For ensuring protection of the rights of participants of criminal legal proceedings it is offered to provide in the article 213 of the Code of Criminal Procedure of the Russian Federation the provision on the obligatory direction of the copy of the resolution on the termination of criminal case to the prosecutor within a day after adoption of the specified decision. The authors assert their opinion on need for ensuring adoption of the timely decision on cancellation of the resolution on the termination of criminal case to grant the right to the prosecutor at the same time to make the decision on renewal of production on criminal case.