On the concept of foundation to institute criminal proceedings

The purpose of the research. The article is devoted to the study of the problem of defining the concept of grounds for initiating a criminal case, its meaning and correlation with the concept of grounds for criminal liability. The author considers these concepts from the point of view of the existing relationship between criminal procedure and criminal law, criminal prosecution and criminal liability. The purpose of the study is to form and substantiate a proposal to improve the legal regulation of the concept of grounds for initiating a criminal case, aimed at ensuring the requirement of legal certainty in terms of the circumstances on the basis of which the relevant procedural decision is made. The Results. According to the results of the study, it is concluded that at present the legislative regulation of the concept of grounds for initiating a criminal case does not have the necessary certainty and completeness, does not take into account the existence of systemic links with criminal law regarding the relationship with the definition of the basis of criminal responsibility, and that it is advisable to include information confirming the event of a crime and the presence of signs of a certain crime in the committed act (inaction), including the absence of circumstances excluding the criminality of the act.

basis for initiating criminal proceedings, basis for criminal liability, criminal prosecution