An analysis and a legal treatment of problem situations, which arise when we need to settle incoming reports about crimes with private prosecution, are given in the article. On the base of the requirements, which are included in the criminal procedural code, and the legal resolutions of the Russian Constitutional Court the recommendations are given. These recommendations are intended for preliminary investigation agency, which competence is to watch the organization of activity at the stage of commencement criminal case on crimes, provided in articles 115, 116, part 1 article 129, article 130 of the criminal procedural code.