The Place of Motions and Complaints in Modern Criminal Procedure

Abstract

Introduction: this paper studies motions and complaints in the context of criminal procedure in the Russian Federation. Purpose: to determine the place of the right to file motions and complaints in the structure of rights of persons involved in criminal proceedings, in the system of human rights, the place of motions and complaints in the criminal procedure form, their role in achieving the purpose of criminal procedure. Methods: system analysis, formal and dialectical logic, interpretation of legal norms, comparative historical method, comparative legal method. Results: the sole purpose of criminal procedure is to protect rights and lawful interests of persons involved in criminal proceedings. The scope and the very existence of the legal institution of motions and complaints directly depend on the current purpose of procedure. This legal institution is a regulatory implementation of the right to appeal against procedural actions and decisions, which is among the ‘law-enforcement’ principles that currently determine the form (type) of criminal procedure. The scope of this principle includes both complaints and motions. The right to file motions and complaints serves to ensure that substantive rights can be exercised and also has its individual significance among other inalienable human rights as an element of the ‘right to a right’. The right to file motions and complaints is enshrined in international acts on human rights. The principle of the right to appeal against procedural actions and decisions is the most important guarantee of the purpose of criminal proceedings being achieved, a mandatory component of the criminal procedure form. The right to file motions and complaints consists in legal entitlement to bring into action the state apparatus with the aim of the applicant’s procedural interest being satisfied. Conclusions: the right to file motions and complaints is a key right for building criminal procedure relations aimed at protecting the rights and freedoms of persons involved in criminal proceedings.