THE BASIC ISSUE OF A CRIMINAL CASE: CONTENT, RESOLUTION

Abstract

Sharing the opinion of Academician V.N. Kudryavtsev and the famous criminologist Professor V.V. Luneev that crime is an inevitable product of society, which modern human society can only keep at a socially tolerable level, the author of the article proceeds from the fact that such retention requires the presence of certain socio-economic means. Based on the analysis of legal doctrine, criminal and criminal-procedural legislation and law enforcement practice, it is concluded that the essence of the resolution of a criminal case is only the accusation formulated in the case for its substantive content. Such permission is possible only in cases in which the investigation was carried out in the form of a preliminary investigation, as well as in the context of the implementation of the criminal procedure function of administering justice in the courts of first, appeal, cassation and supervisory instances.