The author analyzed the correlation of concepts, some criminal law and criminal procedural aspects of derailment of the absence of a criminal offense, establishment of the absence of a corpus of criminal offense and derailment of sufficient evidences to prove the guilt of a person in court and exhaustion of the possibilities of their obtaining as a basis for terminating the criminal proceedings. Attention is drawn to certain inconsistencies of the provisions of the CPC as for the determination of the reasons for terminating the criminal proceedings and circumstances subject to proof in criminal proceedings.

Keywords: criminal offense, basis for terminating the criminal proceedings, evidence in criminal proceedings, the guiltiness of the accused of a criminal offense, the end of the preliminary investigation.