EXEMPTION FROM CRIMINAL LIABILITY WITHIN THE FRAMEWORK OF THE PRIVATE-PUBLIC PROSECUTION INSTITUTE: PROCEDURAL PROBLEMS

Abstract

This article addresses the reflection of individuals’ dispositive rights in our country’s criminal procedure legislation and the legal problems arising in realizing the rights of individuals within the framework of the private prosecution institution. Also, the specifics of this type of exemption from liability, as well as procedural problems related to the refusal or termination of proceedings in a case, which is its procedural order, and aspects of the legal regulation of these issues, have been investigated. The article analyzes the material and procedural grounds for exemption from this responsibility, provided for by criminal and criminal procedure law, from the point of view of legislation and practice, and develops scientific considerations and recommendations for eliminating existing problematic and conflict situations. At the same time, the absence of a further procedural mechanism for dismissing or terminating a case based on the absence of a claim from persons encountered in our legislation, the application of the institution of private prosecution in developed countries, the conditions for the development of this institution, its differences from public prosecution, and the need to classify crimes based on public prosecution have been legally investigated. In the research, advanced foreign experience, scientific and theoretical views, and investigative and judicial practice were studied, as a result of which proposals and recommendations were developed for making appropriate amendments and additions to the Criminal Procedure Code of the Republic of Uzbekistan and other legislative and regulatory acts.