Citizens will be able to apply to the court bypassing the decision of the police

They can defend their rights as private prosecutors

The court does not have the right to refuse to consider a citizen’s claim even if the police recognized his claims against a potential defendant as unlawful. This decision was made by the Constitutional Court, having considered the case of a Petersburger who had previously sought justice in law enforcement agencies and courts of other instances.

The story began in February 2020, when a resident of the Northern capital turned to the police with a statement that her health was slightly harmed (she was beaten by another citizen). She had to apply more than once, but the police refused her first due to the absence of a crime event, and then – due to the absence of corpus delicti in the act. These decisions were canceled by the prosecutor, who sent the material for organizing additional verification and eliminating the shortcomings that prevented the issuance of a lawful and reasoned decision, but the police were adamant. Then the woman decided to seek protection in court. Unfortunately for her, by the time the lawsuit was filed against the citizen who beat her, the police again refused to open a criminal case. With this in mind, the criminal case and criminal prosecution in her case were terminated by the Magistrate’s Court. Higher courts agreed with this. Then the woman appealed to the Constitutional Court with a complaint, in which she asked to check for compliance with the Basic Law those provisions of the Code of Criminal Procedure (CPC), on the basis of which she was denied protection of interests. Having examined the case, the court came to the conclusion that the articles of the Code of Criminal Procedure do not contradict the Constitution, but are not always applied correctly. Charges under certain articles of the Criminal Code should be considered by the court, even though law enforcement agencies believe that the case does not deserve consideration. In particular, as in the case of a Petersburger, when it comes to causing minor bodily harm, as well as slander, beatings. In this case, the plaintiff may act in court as a public prosecutor. Therefore, the articles of the Code of Criminal Procedure were left in force, but the courts will apply them only subject to the decision taken by the Constitutional Court.