ISSUES OF THE FUNCTIONING OF THE INSTITUTE AND WAYS FOR ITS IMPROVEMENT

Abstract

The study examines the functioning of the institute of filing motions and complaints in criminal proceedings, focusing on issues related to its regulatory framework within the Code of Criminal Procedure of the Republic of Uzbekistan. It highlights the need to establish this institute as an independent legal mechanism, detailing forms of submission, eligible persons, and procedural requirements. The research emphasizes practical and theoretical advancements, including the clarification of definitions, harmonization with international standards, strengthening the rights of the parties, and developing timeframes for efficient resolution. Issues such as insufficient regulation, arbitrary denial of petitions, and the ineffectiveness of complaint mechanisms at pre-trial stages are addressed. Comparative analysis with foreign legal systems reveals best practices for reforming procedures. Recommendations include ensuring reasoned decisions, timely responses, and disciplinary accountability for unjustified actions. The article proposes extending deadlines for post-investigation actions to enhance the rights of defense counsel and ensure thorough investigations, advocating for a balanced and effective approach to protect the rights of participants in criminal proceedings.

Keywords

Criminal proceedings, motions, complaints