Circumstances established by the prosecutor pursuant to the order on institution of criminal proceedings

The article analyzes the circumstances that a prosecutor should take into account when considering an incoming order on institution of criminal proceedings in accordance with the criminal procedure legislation of Russia. Within the framework of the study, particular attention is paid to such key procedural categories as legitimacy and justification and their role in the context of reviewing the order on institution of criminal proceedings. A detailed analysis of the application of these categories, as well as their impact on the results of the consideration of the decision by the prosecutor, is presented. In the final part of the article, the authors formulate conclusions emphasizing the need to improve both legislation and practice in this area. As a basis for further research, the authors propose a list of circumstances that, in the authors' opinion, a prosecutor should establish when reviewing the order on institution of criminal proceedings, including the event and type of crime, involvement of a person, compliance with procedural norms and ensuring the rights and legitimate interests of participants in criminal proceedings. This list can serve as a starting point for further discussions and changes in criminal procedure legislation.