Return of a Criminal Case to the Public Prosecutor

Y.A. Abakarov Return of a Criminal Case to the Public Prosecutor The objective of the final project is the clarification of the procedural nature of the return of the prosecutor's criminal case. After conducting the study we are able to formulate following conclusions: 1. The return of the criminal case in the Russian criminal proceedings is considered as an additional, back-up mechanism for achieving the goal of the criminal justice. 2. The return of the case is a type of the repeated investigation, that has a preventive and restorative nature. 3. The return of the criminal case by the court to the prosecutor is one of the types of the return of the criminal case. 4. The return of the criminal case by the court to the prosecutor is a judicial activity regulated by the criminal procedural legislation. It is initiated either by the parties’ petition or the court’s initiative due to unconverage of irremovable during the judicial proceedings and preventing the case from being tried violations, that also infringe rights of the parties to a case. The goal of such procedure is to restore violated rights and create conditions for comprehensive and objective criminal case proceedings without the incompleteness of the pre-trial proceedings, which creates a gap in the subject of evidence. 5. Having outlined patterns of the development of the institute of the return of the criminal case to the prosecutor, we can conclude that the institute of the return of the cases for an additional investigation is de-facto restored, but is named differently (a return for eliminating obstacles towards the case consideration). 6. As a result, we have research problems of the legislature regulation and law enforcement practices, and developed our own legal model for removing obstacles towards judicial proceedings. Academic Supervisor: Sergey Pashin, S.J.C. (National Research University “The Higher School of Economics”), professor, phd in law.