The authors study the controversial issues of termination of a criminal case (criminal prosecution) on the condition of voluntary compensation for the damage caused by the crime by the suspect (accused) during the preliminary investigation. The thesis is proved that in Russian criminal proceedings the procedure for voluntary compensation for damage caused by a crime is quite clearly regulated, and if the suspect (accused) voluntarily compensated for the property damage caused, then their actions will be evaluated within the current legal framework, when the fact of compensation for damage creates grounds for exemption from criminal liability and termination of the criminal case (criminal prosecution) in accordance with Articles 75, 76, 761, 762 of the Criminal Code of the Russian Federation, Articles 25, 251, 28, 281 of the Criminal Procedure Code of the Russian Federation.

Nowadays, in most states of the world, including the Russian Federation, intelligence-gathering is being carried out, affecting fundamental private interests. The problem is acute, since at the present stage of development, changes are taking place in society due to the introduction of information and communication technologies. In the context of the development of these technologies, the problem of observance of human rights is becoming more acute. To solve this issue, a new look at the theoretical and legal foundations of intelligence-gathering is needed, the search for new ways to achieve proportionality and maintain a balance of interests while ensuring it. All of the above testifies to the need and relevance of a comprehensive theoretical and legal study of the foundations of limiting the fundamental rights and freedoms of a person and a citizen during intelligencegathering. Such an analysis will make it possible to start work on the harmonization of the legislation of the Russian Federation in this area and the allowable restrictions on the constitutional rights and freedoms of man and citizen, adequate to the existing threats to the security of the Russian Federation, its significant institutions, society and citizens.

The article deals with issues related to the adoption of a procedural decision on the return of the criminal case by the prosecutor to the investigator for additional investigation. The analysis of the provisions of the current criminal procedure law allowed the authors to analyze the existing problems in the implementation of the procedural function of the prosecutor to return the criminal case to the investigator for additional production. It has been proved that the return of a criminal case for additional investigation acts as a means of correcting the violations committed by the investigators in the course of their additional investigation. The meaning of this institution is formed by the powers of the prosecutor to return criminal cases for additional investigation in cases when the criminal case cannot be sent to court. One of the main goals of the additional investigation is to establish the truth, which, as a result, contributes to the protection of the rights and freedoms of the participants in criminal proceedings, the adoption by the court of a legal and well-grounded decision. The authors substantiated the conclusion that criminal prosecution and supervision over the execution of laws are two independently existing state-power functions of the prosecutor's office, with their own tasks, goals, content and subject of legal regulation.