The comparison of the foreign experience of leading states in using the institution of petitions and complaints

Аннотация

The article examines the institution of petitions and complaints in criminal proceedings, with particular attention paid to the experience of the Russian Federation, the Republic of Kazakhstan, and Uzbekistan. A comparative analysis of regulatory and legal regulation was conducted, the distinctive features and prospects for improving legislation were identified. Particular attention is paid to the status of the institute of petitions and complaints, procedures for submitting, considering and resolving these procedural actions at the pre-trial and trial stages of criminal proceedings. Recommendations have been proposed to borrow successful practices from the legislation of Kazakhstan and Russia to strengthen the legal protection of participants in the criminal process in Uzbekistan. Keywords: Motion, complaint, criminal proceedings, participants' rights,pre-trial proceedings, judicial proceedings, legislation, the Code of Civil Procedure of the Russian Federation, the Code of Civil Procedure of the Republic of Kazakhstan, the Code of Civil Procedure of the Republic of Uzbekistan. person whose rights and lawful interests are affected Introduction: In this article, we will examine the during pre-trial or trial proceedings have the right to file experience of several foreign countries, including post- a petition for the conduct of procedural actions or the Soviet states, and analyze trends in the use of petitions adoption of procedural decisions. This is done to and complaints within the criminal procedures of establish circumstances significant to the criminal case advanced nations. and ensure the rights and lawful interests of the person In the Criminal Procedure Codes of the Russian filing the petition or those of the individuals or Federation and the Republic of Kazakhstan, petitions organizations they represent. and complaints are given special attention, being The petition is submitted to the inquiry officer, allocated separate chapters. This emphasizes their investigator, or court. status as a distinct institution aimed at protecting the rights of participants in criminal proceedings. During the trial, the public prosecutor1 is also entitled to file petitions. Examining Chapter 15 of the Criminal Procedure Code of the Russian Federation (Petitions), we noted that the Parts 1 and 2 of this article address the submission of legislator specifically identifies the persons entitled to petitions as a means of protecting the rights and lawful file petitions, the stages of filing, the timeframes for interests of participants in criminal proceedings at the consideration, and the procedure for resolving them. pre-trial or trial stages. The third part, however, regulates the right of the public prosecutor to file According to Article 119 of the Criminal Procedure petitions during the trial stage, which undoubtedly Code of the Russian Federation, the suspect, the carries an accusatory nature. accused, their defense counsel, the victim, their legal representative and representative, the private In other words, the prosecutor, acting as the public prosecutor, the expert, the civil claimant, the civil prosecutor, will predominantly file petitions of an defendant, their representatives, the representative of accusatory nature, as it is in their interest to prove the the administration of an organization, and any other defendant's guilt (if it exists) and uphold the laws of the American Journal Of Social Sciences And Humanity Research 89 https://theusajournals.com/index.php/ajsshr American Journal Of Social Sciences And Humanity Research (ISSN: 2771-2141) country. Chapter 16 of this Code2.” Based on the analysis of the above-mentioned article of The above article establishes the form of decision- the Criminal Procedure Code of the Russian Federation, making by officials at the corresponding stages of the following conclusion can be drawn: witnesses have criminal proceedings (pre-trial and trial stages). the right to file petitions, as stated in Part 1 of this According to Article 123 of the Criminal Procedure article, which specifies “... and other persons whose Code of the Russian Federation, the actions (or rights and lawful interests are affected during pre-trial inaction) and decisions of the inquiry officer, the head or trial proceedings.” Consequently, “other persons” of the inquiry unit, the head of the inquiry body, the can be understood to include witnesses because their inquiry body itself, the investigator, the head of the interests may be directly affected. For example, this investigative body, the prosecutor, and the court may often pertains to ensuring the safety of witnesses if be appealed by participants in criminal proceedings, as there is a real threat to their life, property, or relatives. well as other persons, to the extent that the procedural Nevertheless, according to Part 1 of Article 66 of the actions performed and decisions made affect their Criminal Procedure Code of the Republic of Uzbekistan,