THE EXPERIENCE OF STATES BORDERING THE REPUBLIC OF UZBEKISTAN IN THE AREA OF CIRCUMSTANCES PRECLUDING CRIMINAL PROCEEDINGS

Abstract

This article comprehensively examines the theoretical and legal foundations of the institution of circumstances precluding criminal proceedings, its place within the criminal justice system, and its significance in safeguarding human rights and freedoms. Particular attention is devoted to the legal nature of procedural mechanisms related to the refusal to initiate criminal proceedings and the termination of criminal cases, as well as their interrelation with substantive criminal law provisions governing exemption from criminal liability. The study substantiates the role of this institution in implementing the principle of humanism in criminal procedure, preventing unjustified criminal prosecution, promoting the social reintegration of individuals without imposing criminal punishment, and reducing the likelihood of recidivism. The article also provides a comparative legal analysis of the criminal and criminal procedural legislation of the Republic of Uzbekistan, the Republic of Tajikistan, the Kyrgyz Republic, the Republic of Kazakhstan, and Turkmenistan. The research identifies specific features related to the application of grounds for terminating criminal proceedings, the legal significance of victim consent, the procedural characteristics of reconciliation mechanisms, the legal consequences of rehabilitative and non-rehabilitative grounds, and procedural safeguards for participants in criminal proceedings. Furthermore, the article critically evaluates the scholarly views of foreign legal researchers concerning the termination of criminal proceedings, the completion of criminal prosecution, the application of dispositive norms, and the maintenance of procedural justice from the perspective of national legislation. Based on the findings, the study develops scientific and practical proposals aimed at improving national criminal procedural legislation, systematizing circumstances precluding criminal proceedings, strengthening procedural guarantees for suspects and victims, improving the rehabilitation framework, and reinforcing the principles of humanism and procedural justice in pre-trial criminal proceedings.