This article is devoted to the problem: if it is necessary to preserve further the judges' authorities forseen by the Criminal Code of Practice of the Russian Federation to turn the criminal cases back for the additional investigation. On the basis of the judicial practice analysis and taking into account the position of the Constitutional Court of the Russian Federation the authors came to the conclusion that is expediently to preserve the institution investigating the criminal cases, returned by the court for further investigation but with the improvement of the terms and grounds of its application.