of December 22, 2009 No. 28
About application by courts of the regulations of the criminal procedure legislation regulating preparation of criminal case for legal proceedings
Due to the questions arising at courts by preparation in general procedure for criminal cases for judicial session and procedure for carrying out initial hearing and also for the purpose of ensuring the correct and uniform application of the criminal procedure legislation the Plenum of the Supreme Court of the Russian Federation, being guided by article 126 of the Constitution of the Russian Federation, decides to make to courts the following explanations:
1. According to the Code of penal procedure of the Russian Federation (further - the Code of Criminal Procedure of the Russian Federation) courts of the Russian Federation have the right to start judicial review of criminal cases only after accomplishment of all necessary legal proceedings and adoption of the proceeding decisions on their preparation for legal proceedings provided by Chapters 33 and 34 of the Code of Criminal Procedure of the Russian Federation.
Powers of the magistrate judge (judge of garrison military court) on preparation for judicial review of criminal case of private prosecution are regulated by article 319 Code of Criminal Procedure of the Russian Federation (Chapter 41 of the Code of Criminal Procedure of the Russian Federation).
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