Two types of grounds for returning a criminal case from the stage of preparation for a court session: position of the Constitutional Court

The Constitutional Court of the Russian Federation pays close attention to the implementation of the control function by the court when checking the received criminal case. It is indicated which tasks are under constant control of the Constitutional Court. The article provides a classification of significant violations committed by investigators at the pre-trial stages, and which (violations) are grounds for sending a criminal case to the prosecutor at the stage of preliminary investigation. A comparative characteristic of significant violations (grounds for returning the criminal case to the prosecutor) is carried out according to the criterion of the presence of common and distinctive features. The grounds for returning the case to the prosecutor are considered from the position of consistency with the current principle of competition. It is suggested that there were no contradictions before the latest legislative changes. Analysis of recent changes in the list of grounds for sending the case to the prosecutor refutes the above statement. In the modern version of Article 237 of the Code of Criminal Procedure of the Russian Federation, this consistency with the principle of competition is no longer observed. This conclusion is confirmed by the legally established right of the court to send a criminal case to the prosecutor to correct the errors of the investigation on the basis of erroneous qualification. The above-mentioned basis for the return of the criminal case from the Constitutional Court of the Russian Federation requires an adjustment of its position and clarification.