DIFFERENCE BETWEEN REFUSAL TO INITIATE AN INVESTIGATION, REFUSAL TO INITIATE CRIMINAL PROSECUTION, TERMINATION OF CRIMINAL PROSECUTION AND WAIVER OF STATE ACCUSATION

Abstract

The article discusses, in accordance with the Criminal Procedure Law of Georgia, the institutions of refusing to initiate an investigation, refusing to initiate a criminal prosecution, terminating a criminal prosecution and refusing to file a state accusation, the similarities and differences between them. The author presents the problems of initiation and implementation of the aforementioned procedural institutions in practice and ways of solving them. The author is working on a doctoral dissertation, the title of which is "The Refusal of the State Accusation by the Prosecutor and Its Legal Consequences." Although this article is not part of the thesis, it is closely related to the scientific characterization of the institution of waiver of charges. In addition, the topics discussed in it will help the reader to have a clear idea about the legal regulation of the institution of refusal to charge, its role and its importance in procedural legislation. The study of the mentioned issue will help us to compare the issue under consideration with the procedural institutions that are close to it, which will allow us to clearly present the legal analysis of the specific discretionary powers of the prosecutor.

The article will give the reader a clear idea about the powers of the prosecutor, which at first glance does not represent a characteristic right of the prosecutor's office, but has a special place in the extensive arsenal of the prosecutor's powers and perform certain functions of protecting rights.