Legal institution of return of the criminal case to the prosecutor through the prism of decisions of the Constitutional Court of the Russian Federation

The issues of changing the essence of the legal institution of returning the criminal case to the prosecutor occurred on the basis of decisions of the Constitutional Court of the Russian Federation and the federal laws are investigated in the article. The author makes conclusion that the content of the legal institution of returning the criminal case to the prosecutor consists of the norms regulating elimination of formal violations, as well as affecting the actual side of investigation. The mentioned above is manifested in the possibility of continuing the accusatory activity and strengthening of the accusatory thesis by authorities of preliminary investigation in the criminal case returned to the prosecutor by the court; therefore, it is possible to speak about recovery of the institution of additional investigation. The role of the court, which can and must take measures for establishment of truth in the course of the criminal case proving, as well as for determination of the actual circumstances of the crime, is analyzed.

return of criminal case to the prosecutor, legal institution, the RF Constitutional Court, additional investigation, ensuring rights of the victim, incompleteness of investigation, heavier charge, competitiveness, judicial instances, accusatory activity