Author

Yuldoshev R.R.

Title of article

Exercising of the Тajik courts’ powers to initiate сriminal proceedings: statistics and facts

Section

Section 10. Comparative studies and foreign experience

Issue, year

3 (33) 2015

Abstract

The institution of Tajik courts’ powers to initiate criminal proceedings is criticized. It’s argued that such powers are undesirable and harmful for achieving goals of legal proceedings. There is no efficient legislative mechanism of exercising these powers, which forms the contradictory law enforcement practice (according to the data of conducted monitoring, courts initiate cases of private prosecution, conduct proceedings and examine the cases). The collision of “prosecutive” powers of courts (to initiate criminal proceedings and permit to carry out actions, restricting the constitutional rights and freedoms of both suspected and accused persons) and competitiveness of criminal proceedings in Tajikistan is argued. Such powers are stated to be not incidental to courts; their exercising levels the other powers, including those associated with rehabilitation of innocents (especially in cases when judge’s moral certainty and discretion are required). The quantitative data (for years 2011–2015), obtained when exercising these powers, are provided. The inconsistency of the relevant statistics is shown: the number of criminal cases initiated by courts changes each year; grave crimes cases were not initiated before and their proceedings were not suspended; some of these cases are cases of private prosecution and the others are cases of private-public and public prosecution. The negative influence of exercising of the considered powers, as well as tangled structure and activities of the bodies, conducting criminal prosecution, are stated. The author hopes that registration discipline will stabilize the fluctuations of law enforcement practice and eliminate the controversial powers of the public authorities.

Keywords

judiciary powers, Criminal Procedure Code of the Republic of Tajikistan, initiation of criminal cases, competitiveness and equality of the parties, statistics.

References

1. Rezul’taty monitoringa praktiki primenenija Ugolovno-processual’nogo kodeksa Respubliki Tadzhikistan [The results of monitoring the practice of the Criminal Procedure Code of the Republic of Tajikistan]. Dushanbe, 2011.

2. Kassatsionnaya kollegiya suda Sogda snizila summu ushcherba po delu Radivilovskogo [The cassation court Sogd Collegium has reduced the amount of damages in the case Radivilovsky]. Aziya Plyus [Asia Plus]. Available at: http://news.tj (Accessed 9 April 2015).

3. V Tadzhikistane otmenena neprikosnovennost’ mestnykh deputatov [In Tajikistan abolished the immunity of local deputies]. Aziya Plyus [Asia Plus]. Available at: http://news.tj (Accessed 9 April 2015).

4. Sushchnost’ i aktual’nye problemy stadii vozbuzhdeniya ugolovnogo dela [The nature and current problems of the stage of excitation of criminal case]. Moscow, Yurlitinform Publ., 2012. 408 p.

5. Doktrinal’naya model’ ugolovno-protsessual’nogo dokazatel’stvennogo prava Rossiyskoy Federatsii [Doctrinal model of the criminal procedure law of evidence of the Russian Federation]. MASP [MASP]. Available at: http://www.iuaj.net/node/1738 (Accessed 20 March 2015).