The Modern Institution of the Prosecutor's Refusal to File Charges against a Suspect: Crisis of Authenticity of the Russian Criminal Process

Abstract

The paper examines the issues of effectiveness and viability of the modern Russian institution of prosecutor’s refusal to bring charges. The author substantiates the conclusion that it is formed to a greater extent in the spirit of Anglo-Saxon legal logic, while neither normative nor doctrinal correlation with the basic principles of domestic criminal proceedings has been implemented. The legal institution in question is a vivid example of conceptual, axiological legal contradictions in the Russian criminal process, which makes it difficult to clearly define its modern model and the vector of its further development. For methodological purposes, the modern Russian institution of the prosecutor’s refusal to charge was analyzed in relation to the trial with the participation of jurors. This made it possible to more fully identify the relevant shortcomings and identify areas for improvement. As a result, the following conclusions were substantiated: it would be advisable to deprive the prosecutor’s refusal to bring charges of binding force for the Russian court. At the same time, the adversarial foundation of the trial is not limited here in any way, since the prosecutor should have the opportunity to convey his position to the court following the results of the judicial investigation. In general, the proposed approach will act as a reliable guarantee of the rights of the victim, including access to justice, and serve to ensure the constitutional right of Russians to participate in the administration of justice, strengthen the independence and completeness of the judiciary. As a result, using the example of the institute under study, we can talk about the need to return to the authenticity of Russian criminal proceedings in the spirit of continental legal traditions.