Привлечение заведомо невиновного к уголовной ответственности или незаконное возбуждение уголовного дела (ст. 299 УК РФ): вопросы законодательной техники и правоприменения

Based on the analysis of scientific sources and judicial practice, the article examines the issues of legislative construction and practical application of Article 299 of the Russian Criminal Code. As a result of the conducted research, it is concluded that the shortcomings of legislative technique that were made during the construction of the relevant criminal law prohibition have a negative impact on the effectiveness of the application of Article 299 of the Russian Criminal Code in order to counteract official crimes in the law enforcement sphere. It is proposed that the objective side of the disposition of Article 299 of the Russian Criminal Code be described using the procedural category of "criminal prosecution," which should adequately reflect the realities of the criminal situation and the range of socially dangerous acts that should be criminalized.