Some Issues of Ensuring the Procedural Procedure for the Termination of a Criminal Case by a Court on a Non-Rehabilitating Basis

The procedural procedure for the termination of a criminal case (criminal prosecution) by a court on non-rehabilitating grounds, despite the serious legal consequences of such a decision by the court for the accused, is insufficiently regulated by the norms of the Criminal Procedure Code of the Russian Federation, there are gaps and inconsistencies between individual norms. The list of non-rehabilitating grounds themselves can be systematized only through scientific interpretation. To a certain extent, the explanations of the Plenum of the Supreme Court of the Russian Federation on criminal cases contribute to overcoming these shortcomings of legal regulation.

Based on the concepts and content of the procedural order and procedural grounds for termination of a criminal case (criminal prosecution) developed in science and practice, an analysis of the current procedural procedure for termination of a criminal case (criminal prosecution) by a court on non-rehabilitating grounds, the legal positions of the Supreme Court of the Russian Federation and the Constitutional Court of the Russian Federation, a number of proposals are formulated.