Lobanova Svetlana Igorevna, senior lecturer in civil law Middle Volga, a branch (Saransk) Russian Legal Academy of the Ministry of Justice of the Russian Federation. Russia, Mordovia of republic, Saransk sity, Fedoseenko street, 6, 430000. E-mail: kitty777@yandex.ru

In the present article problem aspects of institutes of the termination of criminal case and criminal prosecution are analyzed. In particular, the bases of such termination in some cases are in a conflict with the constitutional principle establishing a presumption of innocence in Russia (item 1. Art. 49 of the Constitution of the Russian Federation) that was confirmed also with the Constitutional court of the Russian Federation. It is a direct consequence of features of historical development of the considered institutes. In the author's opinion, fixing of norm that the termination of criminal case and prosecution on not rehabilitating bases has to accept only court will become one of opportunities of permission of noted contradictions.

termination of criminal case, termination of criminal prosecution, criminal legal proceedings, presumption of innocence.