In article the problem of the relationship of not rehabilitating grounds of the termination of the criminal case (prosecution) and release from the criminal liability to the constitutional principle of the presumption of innocence is considered. The position of the Constitutional Court of the Russian Federation on this issue and the foreign practice, in particular Germany, are analyzed. As a result, the author concludes about the lack of a collision between the presumption of innocence and the termination of the criminal case (prosecution) on not rehabilitating grounds.
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