PETITIONS AND COMPLAINTS AS A FUNDAMENTAL ELEMENT OF THE ESSENCE OF CRIMINAL PROCEDURE

Abstract

Based on the understanding of the criminal procedure as a means for the protection of rights and freedoms of the individual involved in criminal proceedings, the authors consider unresolved problems and the most topical issues for theory and practice of petitions and complaints in this field. Petitions and complaints are given the appropriate place of a fundamental element in determining the essence of criminal procedure. Purpose: based on the modern understanding of the aim of criminal procedure, to formulate the main directions of the study of the legal institution of petitions and complaints in order to determine their place in the system of theoretical knowledge and in practice. Methods: system analysis, formal and dialectical logic, interpretation of legal norms, comparative historical, comparative legal. Results: the study reveals the relevance of petitions and complaints to the purpose of criminal proceedings, which is to protect the rights and freedoms of persons involved in criminal proceedings. The institution in question, previously underestimated, plays a significant and sometimes decisive role in society’s assessment of the effectiveness of criminal procedure activities in modern conditions. The main lines of scientific researches are identified, which should eventually lead to the development of a full-fledged mechanism for exercising the right to petitions and complaints as a universal and specific legal means that ensures that criminal procedure activity complies with its purpose and the demands of civil society.

Keywords

• criminal procedure
• purpose
• protection of rights and freedoms
• petitions
• complaints
• research
• criminal prosecution