Application by Courts of Rules of Criminal Procedural Law on Termination of Criminal Cases due to Settlement between Parties in Public Prosecution Cases
Article deals with an issue of termination of public prosecution criminal cases due to settlement between parties under Article 25 of the Code of Criminal Procedure of the Russian Federation on the basis of analysis of rules of criminal procedural law. Content of Article 25 is interpreted in deferent ways in judicial practice. In particular, majority of practitioners considers that termination of criminal cases under Article 25 is not a responsibility, but the right of court, i.e. its' discretion. An author comes to conclusion that such termination is the responsibility of the court, but not the discretion, on the basis of structure of rules of criminal procedural law, systematic rules of interpretation, and special features of rules of law. Other posing of the issue leads to the violation of requirements of Article 19 of the Constitution of the Russian Federation on equal protection.