Elena Mikhailovskaya, Advocate, Counsellor of Criminal Law and General Practice of Alliance Legal Consulting Group, speaker at the conference ‘Discussion practice of criminal law application. MGUA - ALL RUSSIA’.  

The theme: ‘Problems of application of Article 125 of the Code of Criminal Procedure of the Russian Federation’. 

During the preliminary investigation of criminal cases, violations of the criminal procedure law are often committed, therefore, such a tool as a complaint against the actions of officials of pre-trial proceedings, filed in accordance with Article 125 of the Criminal Procedure Code of the Russian Federation, is of great importance in the work of a lawyer.  

Courts satisfy such complaints very rarely. In 2023, out of 103050 complaints received in the proceedings, only 4588 were satisfied, which was slightly more than 4% of the total number of complaints filed. Only 149 private rulings were issued to the pre-trial investigation bodies. The above statistics have been approximately the same for many years.  

This situation means that the courts more often than not avoid exercising judicial control during pretrial proceedings, returning complaints filed under various pretexts and refusing to satisfy them.  

An analysis of judicial practice suggests that the most frequent violations are those relating to the incorrect determination of the existence or absence of a subject matter for consideration, usually resulting in an unjustified refusal to accept a complaint for consideration or the unjustified termination of proceedings.

A separate problem is the failure of an official to fulfil the requirements of a judicial act. The presentation analysed possible ways of resolving this situation. 

A series of conferences ‘Discussion Practice of Criminal Law Application. MSLA - ALL RUSSIA‘ is held in the regions of Russia in order to update the ideas about the current state of practice of application of the criminal law, to disseminate the results of the School of Criminal Law of O.E. Kutafin University (MSLA), to attract regional business communities, lawyers and other interested persons to cooperation, including the preparation of scientific advisory opinions, as well as the formation of students’ sustainable interest in scientific research in criminal law.  

Place: Volgo-Vyatsky Institute (branch) of O.E. Kutafin University (Moscow State Law Academy) Kirov. 

Audience: judges, employees of law enforcement and other state bodies, lawyers, business representatives, scientific and pedagogical workers, students.  

You can find the materials of the conference on the corporate website of the company in the section ‘Expert collaboration’.

*O.E. Kutafin Moscow State Law University - Scientific and Educational Centre for the Application of Criminal Law is a structural subdivision of the federal state budgetary educational institution of higher education ‘O.E. Kutafin Moscow State Law University (MSLA)’.