Ensuring the Legality of Decisions on the Refusal to Initiate Criminal Caseby the Means of Prosecutorial Response

• Main Author: E. V. Kolomeets
• Format: Article
• Language: Russian
• Published: Omsk Law Academy 2020-11-01
• Series: Сибирское юридическое обозрение
• Subjects: prosecutor; pre-trial criminal proceedings; the prosecutor's repeal of the procedural decisions of the investigation bodies; decision to refuse a criminal case; initiation of criminal proceedings by the prosecutor
• Online Access: https://slr.elpub.ru/jour/article/view/170

The author considers issues of the use by the prosecutor of powers to abolish procedural decisions of the investigation bodies about the refusal to initiate criminal cases. Based on the analysis of scientific provisions and law enforcement practice, a conclusion is drawn that the procedural activity of the prosecutor is insufficient to curb the facts of illegal refusals to initiate criminal cases. It is proposed to give the prosecutor authority to make independent decisions on the initiation of criminal cases after the prosecutor's repeal of the decision to refuse to open a criminal case. In addition, it is proposed to return to the prosecutor the right to give written instructions to the investigator on the progress of additional verification of the report on the crime, and also to determine its term independently in case the cancellation of the decision to refuse to initiate criminal proceedings in connection with incompleteness.