Keyword: «unfounded persecution»

The work analyzes the main aspects of the idea of «protective power», G.R. Derzhavin, its historical foundations, development, as well as its implementation in modern criminal proceedings. The main emphasis is on the problem of unjustified persecution, which becomes relevant in the context of the rule of law and the strengthening of the role of human rights. The study examines the results of an analysis of judicial practice, which allows us to identify the main reasons for the occurrence of unjustified prosecutions in criminal proceedings.