Should the refusal of the prosecutor from the prosecution be mandatory for the Russian court?
Должен ли отказ прокурора от обвинения быть обязателен для российского суда?

M.A. Malina, PhD (law), senior lecturer of the department of criminal process and criminalistics of the Southern federal university
2021 Russian justice  
The article examines questions about the right of the prosecutor to refuse from prosecution and the binding nature of such refusal for the court. Two doctrinal approaches to solving these problems are considered: the American, where the prosecutor has the right to refuse to charge and this entails the termination of the criminal case, and the continental (power of attorney theory), where the prosecutor cannot declare such a refusal in principle, since he is not vested with this authority on the
more » ... part of society. The fundamental possibility of the prosecutor's official refusal to be charged in the Russian criminal process is justified, provided that it is motivated, his statement is only after the judicial investigation and with the obligatory continuation of the court's consideration of the merits after such refusal. At the same time, the question of the relationship of this approach with the principle of adversarial parties is considered, and it is concluded that there is no danger of reducing the guarantees of adversarial and equal rights of the parties in the subsequent consideration of the criminal case by the court on the merits.
doi:10.18572/0131-6761-2021-2-55-57 fatcat:bsus6qp2i5gzjbdo4qeto5iqoq