To the question of "reanimation" of the institute of returning criminal cases by the court to conduct an additional investigation in criminal proceedings in Russia

The article is devoted to restoring the institution of returning the criminal case to the court for further investigation. This was due to adoption by 21 July 2014 Federal law № 269-FL “On amendments to articles 236 and 237 of the Criminal Procedural Code of the Russian Federation”. The historical development of legal regulation of the possibility of changing charges in court was analysed. The Charter of criminal judicial proceedings of 1864, as well as the Criminal Procedural Codes of the RSFSR of 1922, 1923, 1960 years were analysed, too. The conclusion was made that the new legal framework contradicts the ideas, which were originally laid down in the Criminal Procedural Code of the Russian Federation. Consequences of legislative consolidation of such provisions extend much further than it follows from their textual interpretation. The author also considers the review of the Draft Federal Law “On amendments to the Criminal Procedural Code of the Russian Federation in connection with the introduction of the Institution of the objective truth in a criminal case”. Current legislative trends are assessed as negative. The existence of mechanisms of completion of investigation shortcomings disavows the role of individual legal institutions and the concept of adversarial proceedings. In addition, these procedures reduce the quality of the ongoing investigation. The article is prepared with the usage of current scientific researches, judicial practice of the Constitutional Court of the Russian Federation, the latest changes of the criminal-procedural legislation were took into account.