Evolution of the calculation of the term of detention upon the return of a criminal case to a prosecutor in the context of the legal positions of the constitutional court of the RF

The article examines the evolution of the procedure for calculating the term of keeping accused in custody for the period when the criminal case is returned to the prosecutor (Article 237 of the Criminal Procedure Code of the Russian Federation), which occurred both as a result of the embodiment of the will of the legislator directly, and through the implementation of the legal positions of the Constitutional Court of the Russian Federation. Based on the conducted analysis, the author comes to the conclusion about the negative impact of the orders of the highest body of constitutional justice, expressed in the “replacement” of the deadlines for keeping accused in custody, determined for the period under review, with the abstract concept of “reasonable time”. Proposals have been made aimed at improving the current criminal procedural legislation.