The decision on termination of criminal proceedings: problems of the appeal in accordance with article 125 of the Criminal Procedure Code of the Russian Federation

Purpose: The purpose is to analyze of the problem of implementation of the provisions of Art. 125 of the Russian code of criminal procedure and Art. 46, 52 of the Constitution of the Russian Federation in the event of an appeal against the decision to discontinue the criminal case and to make a proposal to overcome it. Methodology: Сomparative legal, historical and formal legal methods were used. Results: The trend in the development of criminal procedure law has always been and remains consistent demands on the investigator, investigator, Prosecutor, court, obliged to ensure compliance with the law, the exact execution of the procedure. The state guarantees everyone judicial protection of their rights and freedoms. The decisions and actions (or inaction) of bodies of state power, bodies of local self-government, public associations and officials can be appealed in court (article 46 of the Constitution of the Russian Federation). The state also provides victims with access to justice and compensation for damages (article 52 of the Constitution of the Russian Federation).These provisions of the Constitution of the Russian Federation are specifically reflected in sectoral legislation, in particular, the code of criminal procedure. Despite this many researchers and practitioners believe that the norm of the criminal procedural legislation, regulating the procedure of appeal against actions (inaction) of state bodies and officials with regard to the meaning given her current legal practice does not conform to the provisions of articles 46 and 52 of the Constitution of the Russian Federation in that measure in which allows for the failure of the courts to examine and weigh the evidence when considering fine art. 125 Criminal procedure code of the Russian Federation (hereinafter - the code of criminal procedure) complaints against the decision of the investigative body to terminate the criminal case. The article is devoted to the analysis of article 125 of the code of criminal procedure for its compliance with the Constitution of the Russian Federation on the problem. The article notes that to some extent this problem is solved by departmental regulations and orientation of judges to a comprehensive, full and objective study of the circumstances of the case. So, according to the orders of the Prosecutor General in the exercise of oversight over the authorities conducting the preliminary investigation and the identification information on the appeal against the decision of the investigator on termination of the criminal case, the prosecutor is obliged to respond to such complaints and to take measures to cancellation of this decision, if it is made contrary to the requirements of the law and is not justified. Nevertheless, the author comes to a conclusion about insufficiency of the operating legal mechanism for full implementation of provisions of Art. 125 of Russian criminal procedure code. On the basis of comparative-legal, historical and formal-legal methods, the article substantiates the conclusion about the necessity of introducing the figure of the investigating judge into the domestic criminal proceedings. Novelty/originality/value: The paper has a high scientific value, since it is one of the first attempts to consider article 125 of the Russian code of criminal procedure for compliance with the requirements of article 46 and 52 of the Constitution of the Russian Federation through the prism of problems arising in practice in appealing the decision to discontinue a criminal case.