Правовые проблемы возобновления производства по уголовному делу ввиду новых или вновь открывшихся обстоятельств

Abstract

The relevance of the research topic is due to the existence of problems in the institution of reopening criminal proceedings due to new or newly discovered circumstances and the need to reform this area of legal relations. The goal is determined by the updating of unresolved issues of the institution of reopening criminal proceedings due to new or newly discovered circumstances. The objectives of the study are to determine the development trends of the institution under study, identify the legal contradictions that exist in it and develop proposals and recommendations for their elimination. The work used classical methods of legal research: analysis, synthesis, study of judicial practice, formal logic. Based on an analysis of the norms of criminal procedure law, decisions of higher courts and law enforcement practice, a conclusion was made about the need to reform the institution of reopening criminal proceedings in view of new or newly discovered circumstances. The conclusion is substantiated about the need to legislatively establish the terms for the prosecutor to conduct an inspection, the results of which serve to make a decision on the resumption of the relevant proceedings or on the refusal to do so. The need to reform the institution of resuming criminal proceedings and bringing the norms of the Code of Criminal Procedure of the Russian Federation in line with their constitutional meaning has been proven by eliminating existing legal gaps through amending Chapter 49 of the Code of Criminal Procedure of the Russian Federation.