Keyword: «criminal prosecution»

The authors examine the concept of accusation in criminal proceedings and agree with the opinion that an accusation is a statement that contains the formulation of factual and legal conclusions based on the evidence obtained and the consolidation of these conclusions in the relevant act-decision. An analysis of the procedure for ending an inquiry in both its types leads to the conclusion that the procedure prescribed in the law for completing an inquiry in a general manner does not allow the accused to exercise his rights.

The article examines the problems of the content and legislative consolidation of the category of "legitimate interests" of a person subject to criminal prosecution. The article analyzes the theoretical and legal nature of the term "legitimate interests" and its relation to subjective rights. Contradictions and gaps in the use of this category in the Code of Criminal Procedure of the Russian Federation, the Federal Law "On Operational Investigative Activities" and other regulations are identified. Proposals are being formulated to improve legislative techniques and mechanisms for protecting legitimate interests.

The article is devoted to rehabilitation in criminal proceedings as a comprehensive legal institution aimed at restoring the rights, freedoms and legitimate interests of persons who have been unlawfully or unreasonably subjected to criminal prosecution. It is concluded that the legal nature of rehabilitation lies in its dual nature: on the one hand, it is a guarantee of constitutional human rights enshrined in the Basic Law of the State, and on the other, it acts as a procedural mechanism that is regulated by the norms of criminal procedure law.