This article is devoted to the issues of judicial consideration of complaints under Article 125 of the Criminal Procedure Code of the Russian Federation against the actions and decisions of investigators and inquiry officers that are capable of causing damage to the constitutional rights and freedoms of participants in criminal proceedings. The author, analyzing the statistics of the activities of the courts of the Russian Federation, given on the website of the Judicial Department under the Supreme Court of the Russian Federation, draws attention to the main problem, when for several years more than 70% of complaints are not actually considered by the courts. Proceedings are terminated due to the fact that prosecutors and heads of investigative bodies, after receiving a complaint in court, without waiting for a judicial act, cancel the contested decisions. However, in the future, investigators (inquiry officers) make similar procedural decisions that violate the rights of applicants.
To solve this problem, Resolution of the Plenum of the Supreme Court of the Russian Federation dated June 28, 2022 N 22 introduced a new paragraph, which, judging by the statistics provided, did not change anything in judicial practice. The author of the article proposes and justifies the need to supplement paragraph 8 of the above-mentioned resolution of the Plenum of the Supreme Court of the Russian Federation with the following provision: “If the head of the investigative body or the prosecutor overturns the contested decision after receiving information about the complaint filed with the court, then the judge will consider such a complaint and issue a ruling on it.”