employee
Moscow, Russian Federation
employee
Considers the little-studied, but relevant in modern conditions, problem of restoring criminal cases or their individual materials. For a long time, legal relations related to the restoration of criminal cases were regulated not by the criminal procedure law, but only by separate subordinate regulatory legal acts, which caused difficulties in practice. The inclusion of Article 158.1 in the Criminal Procedure Code of the Russian Federation in 2003 should be considered a positive step, but it did not eliminate many gaps and created a number of contradictions. In this regard, the identification of such problems of the restoration of criminal cases is of interest from the point of view of the development of criminal procedure theory, improvement of both legal regulation and law enforcement practice. The subinstitute for the restoration of criminal cases within the framework of the institute of general conditions of preliminary investigation is investigated, the positions of scientists and approaches of a foreign legislator are considered, and the author's reasoned position on the essence of this subinstitute is expressed.
restoration of criminal cases, general conditions of preliminary investigation, criminal procedure institute, restorative proceedings
1. Gimazetdinova I. N. Criminal case as a complex documentary form of presentation of the results of criminal proceedings: diss. ... candidate of legal sciences. M., 2023.
2. Efremova N. P. Restoration of lost criminal cases: diss. ... candidate of legal sciences. Omsk, 2001.
3. Efremova N. P., Kalnitskiy V. V. Legal and organizational issues of preventing the loss and restoration of criminal cases: textbook. Omsk : Omsk Academy of the Ministry of Internal Affairs of Russia, 2005.
4. Kalnitskiy V. V. Questions of theory and practice of criminal proceedings: selected works. Omsk : Omsk Academy of the Ministry of Internal Affairs of Russia, 2016.
5. Kalnitskiy V. V., Efremova N. P. Restoration of criminal cases lost in court // Russian Justice. 2001. No. 9. P. 46–48.
6. Kalnitskiy V. V., Efremova N. P. Copies of documents in criminal proceedings // Criminal law. 2001. No. 2. P. 63–67.
7. Krylova D. S. General conditions of the preliminary investigation: current state and prospects of development: diss. ... candidate of legal sciences. M., 2024.
8. Meshcheryakova O. A. Some problems of the implementation of the Institute for the restoration of a lost criminal case or its materials in Russian criminal proceedings // Bulletin of the Vyatka State University for the Humanities. 2015. No. 4. P. 125–128.
9. Roganov S. A., Meshcheryakova O. A. Restoration of the lost criminal case or its materials: monograph. St. Petersburg : St. Petersburg State University of Economics, 2019.
10. Andreev A. V., Bobrov V. K., Volynskaya O. V. and others. Criminal procedure law. Criminal proceedings. 2nd ed., revised and supplemented. M. : UNITY-DANA, 2025.
11. Shaikhulov R. R. General (fundamental) conditions of pre-trial proceedings: diss. ... candidate of legal sciences. M., 2007.
12. Collection of circulars of the People's Commissariat of Justice of the RSFSR for 1922–1925. M., 1926.
13. Bulletin of the Ministry of Justice of the Russian Federation. 2004. No. 1 (73).
14. Legislative and administrative legal acts of wartime: March 22, 1942 — May 1, 1943. M., 1943.
15. Criminal Procedure Code of the Republic of Belarus No. 295-Z dated July 16, 1999 // URL: https://pravo.by/document/?guid=3871&p0=HK9900295
16. Criminal Procedure Code of the Republic of Kazakhstan dated July 4, 2014 No. 231-V // URL: https://online.zakon.kz/Document/?doc_id=31575852
