NATIONAL INTEREST IN THE CONTEXT OF TERMINATION OF CRIMINAL PROSECUTION IN CONNECTION WITH CONSCRIPTION: THEORETICAL AND LEGAL ASPECT

Abstract

The article examines key issues relating to the balance between private, public, and national interests in contemporary Russian criminal proceedings. The author substantiates the need to identify national interests as an independent category, reflecting the totality of society's historically established spiritual, moral, political, social, and economic needs. Particular attention is given to the issue of exempting individuals who have expressed readiness for military service in combat situations from criminal prosecution, which is viewed as an alternative form of resolving criminal-legal conflicts based on the principles of fulfilling civic duty. The article analyzes the stages of the procedural decision to terminate criminal prosecution under Article 28.2 of the Criminal Procedure Code of the Russian Federation, identifying the imperative nature of this provision and classifying it as a non-rehabilitative ground. The author emphasizes that the illegal or unjustified termination of criminal prosecution violates the balance of interests of the participants in the process and undermines public confidence in the justice system, indicating the need for further fundamental legal research on these issues.