Current Issues in the Application of Article 237 of the Russian Criminal Procedure Code: Analysis of 2025 Practice in Light of the New Explanations by the Plenum of the Supreme Court of the Russian Federation

The article is devoted to the analysis of the application of Article 237 of the Criminal Procedure Code of the Russian Federation following the adoption of Resolution No. 39 of the Plenum of the Supreme Court of the Russian Federation dated December 17, 2024. The purpose of the study is to identify legal enforcement difficulties and divergences in judicial approaches. The primary research method is legal analysis of appellate and cassation court decisions issued in 2025. It was found that courts continue to interpret key evaluative categories – such as “substantiality”, “irremovability”, “uncertainty” – in inconsistent ways, which undermines the uniformity of legal practice and increases the risk of subjective discretion. The novelty of the study lies in identifying contradictions in judicial practice related to the new Resolution of the Plenum. The results may be used in preparing a review of practice by the Presidium of the Supreme Court of the Russian Federation and in making targeted amendments to the Plenum’s clarifications.