RESOLUTION OF THE PLENUM OF THE SUPREME COURT OF THE RUSSIAN FEDERATION

of June 28, 2022 No. 22

About introduction of amendments to separate Resolutions of the Plenum of the Supreme Court of the Russian Federation on criminal cases

Due to the change of the legislation, and also the questions Plenum of the Supreme Court of the Russian Federation arising in court practice, being guided by article 126 of the Constitution of the Russian Federation, articles 2 and 5 of the Federal constitutional Law of February 5, 2014 No. 3-FKZ "About the Supreme Court of the Russian Federation", decides to make changes to the following resolutions of the Plenum of the Supreme Court of the Russian Federation:

1. In the resolution of the Plenum of the Supreme Court of the Russian Federation of February 10, 2009 No. 1 "About practice of consideration by courts of claims according to the procedure of Article 125 of the Code of penal procedure of the Russian Federation":

1) in the paragraph the second preambles the last offer to state in the following edition: "For the purpose of uniform application of the law Plenum of the Supreme Court of the Russian Federation, being guided by article 126 of the Constitution of the Russian Federation, articles 2 and 5 of the Federal constitutional Law of February 5, 2014 No. 3-FKZ "About the Supreme Court of the Russian Federation", decides to make to courts the following explanations:";

2) in Item 1:

a) to add paragraph two after the word "legality" with the words "and justification";

b) the fourth to state the paragraph in the following edition:

"When checking legality and justification of decisions and actions (failure to act) of the investigator, investigator, head of investigating body and the prosecutor the judge shall not be limited to establishment only whether formal requirements of the law are observed by officials, and shall make sure of the actual justification of the appealed decision.";

c) add with the paragraph the fifth the following content:

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