This article analyzes the history of the formation and current functioning of the institution of termination of a criminal case by a court, taking into account the stages of development of Russian legislation. The author examines the legislative consolidation of the possibility of using this institution when terminating a criminal case on non-rehabilitating grounds, which causes difficulties in the law enforcement activities of courts vested with the right to release guilty persons from criminal liability when establishing the necessary criteria that meet the requirements of the law.