TERMINATION OF CRIMINAL PROSECUTION WITH THE USE OF A COMPULSORY MEASURE OF EDUCATIONAL INFLUENCE: QUESTIONS OF THEORY AND PRACTICE
The article considers certain criminal procedural features related to the procedure for terminating criminal prosecution with the use of a compulsory measure of educational influence in relation to a minor who has committed a crime. The authors pay attention to the debatable issues related to determining the scope of the circumstances to be established and reflected in the resolution when making a decision to terminate criminal prosecution against a minor and applying a compulsory measure of educational influence to him. It is stated that the domestic criminal procedure legislation does not contain a specific list of circumstances that should be established and taken into account by the investigator (inquirer) when making a decision to terminate criminal prosecution against a minor and apply a compulsory measure of educational influence to him. Through the study and analysis of the published investigative and judicial practice, the authors formulated specific proposals in this part aimed at improving the criminal procedure legislation, and proposed the author’s version of Part 1.1 of Article 427 of the Code of Criminal Procedure of the Russian Federation. The methodological basis of the research described in the article was a perspective, including comparative legal method used in the study of the normative regulation of the features of the termination of the criminal prosecution with the application of compulsory educational measures, in accordance with the provisions of the Criminal procedure code of the Russian Federation with similar rules of the Criminal procedure code of the Republic of Ukraine, Tajikistan, Kazakhstan.