Implementation by the investigator of the function of resolution of the case when making a legal decision on the termination of the criminal case

Introduction: the article deals with the complex structure of the functional activity of such a participant in criminal proceedings on the part of the prosecution as an investigator. One of the elements of this structure is the case resolution function. Its allocation became possible due to the delimitation of the dual nature of the nature of criminal procedural functions into the categories of «criminal procedural functions» and «functions of participants in criminal proceedings». Materials and Methods: the materials of the study were the norms of Russian criminal procedural legislation in modern, Soviet and pre-revolutionary periods, as well as statistical data for 2022 on the results of termination of criminal cases by inquirers, investigators of the Russian Interior Ministry and the courts. In the process of research were used dialectical-materialistic method of scientific knowledge, comparative-legal, system-structural, description, generalization, analysis and synthesis, etc. The Results of the study allowed revealing the features of implementation of the function of case resolution at the stage of pretrial proceedings by an investigator. Findings and Conclusions: Investigator carries out multifunctional activity. Function of case resolution is implemented by him in case of termination of a criminal case in pre-trial proceedings. However, the functions of resolution of a case performed by an investigator and the court are not comparable with each other. Unlike the court, an investigator is limited in the opportunities provided to him to implement this function. Firstly, it is embodied by him only in making a decision to terminate a criminal case, while the court resolves every case which is received for consideration on the merits. Secondly, the court, having found a person guilty of committing the alleged crime, decides the question of assignment of punishment to such a person or release from it. The legal decision of the investigator to terminate criminal proceedings on non-rehabilitative grounds, which provides for his assessment of the investigation materials as a statement of the guilt of the person in committing a specific crime, allows only to release the suspect (accused) from punishment if the latter observes the conditions established in the CPC of the RF. Thirdly, effective court decision to terminate a criminal case is less susceptible to cancellation than a similar decision of the investigator.