ПРОБЛЕМЫ ПРОЦЕССУАЛЬНО-ПРАВОВЫХ ОСНОВ УГОЛОВНОГО ПРЕСЛЕДОВАНИЯ

Abstract

The article deals with the procedural issues regarding the initiation of criminal cases of a private prosecution on the example of domestic violence against women (victims). The problems of evidence in the criminal process concerning domestic violence have been identified, which is worth initiating a criminal case in such cases and it is advisable to note in Article 24 of the CPC RT. The reasons and grounds for initiating a criminal case, the criteria of social justice for initiating a criminal case and the conditions for eliminating the causes against violence are identified. The urgency of the criminal law issues of private prosecution is shown on the example of domestic violence. In this context, factors that impede women’s access to justice in the light of the legal and procedural norms of the criminal legislation of the Republic of Tajikistan are also considered. Moreover, the article examines dependence on the nature and severity of the crime of a private prosecution that should have a preliminary investigation of cases. This article proves the obligation of prosecutors’ participation in private prosecutions and confirms the facts of termination of a criminal case without grounds on the part of authorized persons. Compliance with the norms of criminal and criminal procedural law was also noted during the consideration of a private prosecution in connection with reliable protection of the rights of the victim and compliance with the constitutional and legal framework for protecting the rights of the victim in criminal proceedings.