GROUNDS AND PROCEDURAL FRAMEWORK FOR REFUSAL TO INSTITUTE PROCEEDINGS BASED ON CRIME REPORTS AND COMPLAINTS

Abstract

This article provides a comprehensive analysis of the theoretical and legal essence of the institution of refusal to institute proceedings based on reports and complaints concerning crimes, its interrelation with guarantees of human rights, as well as the procedural framework established under Articles 322–325, 333–334, and other relevant provisions of the Criminal Procedure Code of the Republic of Uzbekistan (CPC). The legal nature of the grounds for refusal—such as the absence of a criminal event, absence of corpus delicti, expiration of statutory limitation periods, inadmissibility of repeated proceedings, cases requiring a victim’s complaint, and others—is systematized.

The article examines practical challenges encountered in law enforcement practice, including formalism, failure to observe procedural time limits, insufficient reasoning of decisions, and limited effectiveness of supervisory mechanisms. These issues are comparatively analyzed in light of the legal experience of Germany and France. On this basis, the author proposes scientifically grounded recommendations, including the introduction of a “procedural justice index,” the establishment of an electronic “complaint monitoring” platform, digitalization of prosecutorial supervision, standardization of decision-reasoning requirements, and revision of appeal deadlines.