Certain problems of protecting the constitutional rights of the individual when considering complaints by the courts in accordance with Article 125 of the Code of Criminal Procedure of the Russian Federation

Abstract

Based on the conceptual characteristics of the institute of judicial control in accordance with Article 125 of the CCP of the Russian Federation, separate problems of protecting the constitutional rights of an individual using this means of judicial protection are identified: lack of uniformity in the interpretation of norms on the subject and ambit of judicial control; lack of clear standards of proof when considering complaints by courts in accordance with Article 125 of the CCP of the Russian Federation; lack of regulatory provisions defining formal criteria for the admissibility of submitted complaints, which entails limiting the right of interested persons to judicial protection in cases of arbitrary interpretation of the provisions of the law by the courts. As measures to improve judicial practice, it is proposed to refine the subject, ambit and standards of judicial control by referring to them the issues of validity and proportionality of restrictions on constitutional rights of the individual, as well as assessing the sufficiency of evidence in favor of the introduction of such restrictions; regulatory clarification of the requirements for the content of complaints, as well as the powers of the court to make decisions on refusal to accept formally unacceptable complaints for  production.