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Relevance. Current criminal procedure legislation provides for three types of criminal prosecution. Despite ongoing debate about the necessity of private prosecution, this category of cases-namely, criminal cases involving offenses under articles 115, part one, and 116.1, part one, of the Criminal Code of the Russian Federation ‒ remains classified by law as private prosecution. The issue of hearing this category of cases has, to date, been and remains exclusively a problem for the private prosecutor and judges, who are forced to effectively fulfill both the roles of officials empowered to conduct preliminary investigations and those directly administering justice. Purpose ‒ to develop theoretical proposals and scientifically substantiated recommendations aimed at improving the legal regulation of the institution of private prosecution cases, and to justify the inadmissibility of including violent crimes in the list of private prosecution cases. Objectives to determine the list of crimes to be included in the list of private prosecution cases, and to justify the need for mandatory pre-investigation checks on the statements of citizens who have been victims of crimes. Methodology . The work uses the formal-legal method, the comparative-legal method, the structural-logical method, the method of system-logical interpretation, and the method of legal modeling. Results . It is shown that any violent crime infringes on public interests that must be protected by the state. If law enforcement agencies ignore crimes committed within the family, the perpetrators will inevitably commit new, more serious crimes. The need to change the list of private prosecution cases has been substantiated. Conclusion . Violent crimes should be excluded from the category of private prosecution cases, and all statements from victims of crimes should be registered and checked by law enforcement officers in accordance with Articles 144-145 of the Criminal Procedure Code of the Russian Federation.
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Aleksandr V. Teshchin (2026) studied this question.
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