ON THE SUBJECT OF JUDICIAL CONTROL AS AN ELEMENT OF THE MECHANISM FOR EXERCISING THE RIGHT TO APPLY AND COMPLAINT

Abstract

Abstract: the article is devoted to the study of the problems of judicial control as an element of the mechanism for the realization of the right to petition and complaint. Recognizing the demand for this tool, there are significant regulatory problems that reduce the prospects for its optimal use for the implementation of the right of persons involved in criminal proceedings to a petition and complaint in terms of determining the subject of appeal. It is concluded that it is necessary to adjust the moment of determining the jurisdiction of complaints filed in accordance with Art. 125 of the Code of Criminal Procedure of the Russian Federation and the normative establishment of the powers of a judge in the course of resolving a complaint to check the ability of the appealed decisions, actions (inaction) to damage the constitutional rights and freedoms of participants in criminal proceedings or hinder citizens' access to justice, the possibility of full and timely restoration of violated rights at subsequent stages of the criminal process, the legality and validity of the contested actions and decisions.