Annotation

This article provides a comprehensive analysis of the problems of protecting the rights of the victim when the court returns the criminal case to the prosecutor to eliminate obstacles to its consideration. The author, relying on the norms of the Code of Criminal Procedure of the Russian Federation and the legal positions of the Constitutional and Supreme Courts of the Russian Federation, examines the legal nature and procedural consequences of this judicial decision. Special attention is paid to systemic gaps and conflicts that significantly limit the procedural capabilities of the victim at these stages, including his lack of the right to appeal, non-compliance with the principle of adversarial proceedings, and the infringement of the right to access to justice. Based on the study, specific proposals are formulated for improving the criminal procedure legislation aimed at ensuring a real, not declarative, balance of the rights of the participants in the proceedings and strengthening the role of the victim as a subject of criminal prosecution.