This article examines the validity of the charge as a procedural condition for the application of another criminal measure, such as a judicial fine. The authors cite several examples from judicial practice in which the unfoundedness of the charge led to the overturning of judicial decisions imposing a judicial fine. Having analyzed judicial practice and legal doctrine on this issue, the authors identify several groups of grounds for recognizing a charge as unfounded and not supported by available evidence. The authors also propose corresponding amendments to the Criminal Procedure Code of the Russian Federation.
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Ismuratov et al. (2026) studied this question.
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