Judicial control over the termination of a criminal case and criminal prosecution

this article is devoted to current issues of judicial control over the termination of a criminal case and criminal prosecution in the Russian criminal process. The work examines the legal and regulatory foundations of this institution and explores its place within the system of criminal procedural proceedings. Special attention is given to the legal analysis of Article 214.1 of the Russian Criminal Procedure Code, which regulates the judicial procedure for obtaining permission to cancel a decision on the termination of a criminal case. The author analyzes the legal positions of the Constitutional Court of the Russian Federation and contemporary judicial practice regarding the balance of public and private interests in the termination of criminal prosecution. The article substantiates the conclusion about the formation of a new special criminal procedural proceeding aimed at protecting the rights of rehabilitated persons while simultaneously ensuring the possibility of restoring justice upon the discovery of new case circumstances. The study identifies problematic aspects of applying this institution and proposes ways to improve judicial control in the context of guaranteeing individual rights in criminal proceedings.

judicial control, criminal process, termination of a criminal case, termination of criminal prosecution, special proceeding, judicial procedure, individual rights, Criminal Procedure Code, Constitutional Court, rehabilitative grounds, judicial fine, pre-trial proceeding