LEGAL ANALYSIS OF THE CIRCLE OF ENTITIES EMPOWERED TO REFUSE CRIMINAL PROSECUTION IN PRE-TRIAL PROCEEDINGS IN ACCORDANCE WITH THE LEGISLATION OF THE RUSSIAN FEDERATION AND THE REPUBLIC OF TAJIKISTAN
The refusal to initiate a criminal case is the final decision made by the investigator (interrogator) at the stage of initiating a case, which ends the criminal proceedings as a whole. In this regard, the refusal to initiate a criminal case is one of the main criminal procedural decisions, which is of prejudicial importance to the criminal prosecution bodies, being the basis for terminating the future criminal prosecution of specific individuals on the same suspicion (clause 5 part 1 of Article 27 of the Code of Criminal Procedure of the Russian Federation, clause 6 part 1 of article 27 of the Code of Criminal Procedure of the Republic of Tajikistan The article provides a legal analysis of the entities empowered to refuse criminal prosecution in pre-trial criminal proceedings under the legislations of the Russian Federation and the Republic of Tajikistan, examines the legal nature, systemic relationship of the institution of non-criminal prosecution in pre-trial proceedings with the rules of law governing decision-making on refusal of criminal prosecution by the entities vested with authority. At present, the institution of non-criminal prosecution of pre-trial proceedings in the Republic of Tajikistan is enshrined in Art. 24-26 of the Code of Criminal Procedure and parts 10-11 Art. 279 of the Code of Criminal Procedure of the Republic of Tajikistan, the powers of which are only granted to the prosecutor, the victim, their representative, as well as legal representatives, which is undoubtedly a debatable topic that requires further criminal procedural improvement, since the legislation of the Russian Federation vests a wider circle of people with these rights, which is also addressed in this article.