Прекращение уголовного дела в досудебном производстве России и Монголии, правовые проблемы прекращения уголовного преследования обвиняемого в Монголии

The article considers the content of the concept of termination of criminal proceedings as a form of termination of pre-trial proceedings, which is debatable in the science of criminal proceedings of Russia and Mongolia. The author states that the officials of the preliminary investigation bodies and the prosecutor do not have the right to terminate the criminal prosecution of the accused in Mongolian criminal proceedingsю This problem needs to be considered. The application of the historical method, comparative legal analysis of rules of criminal procedure of Russia and Mongolia enabled research the content of the concept of termination of criminal proceedings as a form of termination of pre-trial proceedings from scientific positions: (a) the legal institution regulating the activities of preliminary investigation bodies, the prosecutor and the court on termination of criminal proceedings; B) the activities of the preliminary investigation bodies, the prosecutor and the court on the completion of pre-trial proceedings by the final procedural decision on the termination of the criminal case; C) a procedural act on the termination of a criminal case concluding pre-trial proceedings. The study of the content of the concept of termination of criminal proceedings led the author to conclude that the form of termination of pre-trial proceedings by a final procedural decision can and should be considered in the science of criminal proceedings from different sides as a single legal phenomenon. Based on the comparative legal analysis of the rules of criminal procedure of the Russian Federation and Mongolia governing the procedure for the termination of a criminal case, the author formulates and proposes for discussion three interrelated, non-conflicting concepts of the termination of a criminal case. The content of copyright concepts in aggregate reflects the essence of the investigated form of completion of pre-trial proceedings. Considering the termination of the criminal case significantly limits the right of interested persons to access to justice, and the concept of termination of the criminal case is essential for the Code of Criminal Procedure, the author proposes to recognize it as the main one and to establish it among the main concepts of the Code of Criminal Procedure of Russia and the Code of Criminal Procedure of Mongolia. Mongolia 's Code of Criminal Procedure does not contain rules of law governing the grounds and procedure for the termination of criminal proceedings against an accused in pre-trial proceedings. The analysis of the rules of criminal procedure law of Mongolia makes it possible to state that the practical need to terminate criminal proceedings during the preliminary investigation actually arises, but there is no legal procedure for its implementation in pre-trial proceedings. In this connection, the author proposes to supplement the Code of Criminal Procedure of Mongolia with the rules of law governing the procedure for the termination of criminal proceedings against the accused. According to the author, in the science of criminal proceedings it is necessary to develop the concept of criminal prosecution and to include it among the main concepts of the Code of Criminal Procedure of Mongolia, as it was done in the Code of Criminal Procedure of Russia. The author 's draft of the concept of termination of criminal prosecution of the accused is given in this article.