Types of decisions made by court in chapter.51.1 of the Criminal Procedure Code of the Russian Federation: possibility of abuse of discretionary powers

Within the proceedings provided in Chapter 51.1 of the Criminal Procedure Code of the Russian Federation the following types of decisions can be taken: total decisions (resolutions on satisfaction and on refusal in satisfaction of the petition for the termination of criminal case or criminal prosecution on the bases provided by Article 25.1 of the Criminal Procedure Code of the Russian Federation and imposition of a measure of criminal and legal character in the form of a judicial penalty) and intermediate ones (the decision on cancellation of the resolution on the termination of criminal case or criminal prosecution and imposition of a measure of criminal and legal character in the form of penalty). Moreover, in compliance with the Resolution of the Plenum of the Supreme Court 29.11.2016 N 56 (Item 18 (25.2)) during proceedings under Chapter.51.1 of the Criminal Procedure Code of the Russian Federation one more type of intermediate judgment is provided- the decision on refusal in acceptance of the petition and on its return together with the criminal case files to the head of investigative body or prosecutor. The analysis of norms of the Criminal Procedure Code of the Russian Federation shows that legislators, when fixing such types of decisions, not always consistently defines the bases for the acceptance of such norms by the court. In certain cases the bases of acceptance of such decisions in the Criminal Procedure Code of the Russian Federation are not defined and this creates a prerequisite for possible abuse of discretionary powers and, as a result, the awarding of arbitrary decisions. The author concludes that in order to avoid this, it is necessary to resolve a question of requirements imposed on final decisions and a procedural form of their acceptance; to regulate accurately in the Criminal Procedure Code of the Russian Federation such type of the decision as the one on refusal to accept the petition and return it together with the criminal case files to the head of an investigative body or the prosecutor, to resolve a question of an opportunity, limits and subjects of the appeal of this type of decisions. Moreover, the bases for acceptance of such decisions as cancellation of the resolution on the termination of criminal case or criminal prosecution and imposition of a measure of criminal and legal character in the form of judicial penalty or as refusal to satisfy the corresponding report of the bailiff need procedural fixing.

Keywords

Authors

References