This article is devoted to a comprehensive analysis of the legal status and mechanisms for protecting the rights of participants in criminal proceedings in private prosecution cases. The objective of the study is to identify legal gaps and develop recommendations for enhancing the guarantees of legality and validity in private prosecution cases. The subject of the study covers the patterns of criminal procedural activities of authorized officials in private prosecution cases, the system of regulatory legal norms, doctrinal provisions and practice aimed at ensuring the rights of participants in criminal proceedings in private prosecution cases, as well as the identification and resolution of problems arising in this area. Particular attention is paid to the specifics of the category of cases under consideration, since the private prosecutor is vested with broad powers, close to (equal to) the functions of the public prosecutor. The study uses formal legal, comparative legal and structural-logical methods; analysis of regulatory legal acts and judicial-investigative practice; A method of systemic interpretation, generalization of law enforcement and forensic practice, induction, deduction, synthesis, legal modeling, and case studies with elements of content analysis. The work systematizes and critically analyzes the most pressing problems of law enforcement and forensic practice related to the possible "abuse" or "improper performance of duties" by officials of preliminary investigation bodies and the magistrate's court (now the court). Issues related to the right to terminate a criminal case due to a private prosecutor's withdrawal of charges, the procedure for initiating criminal cases, satisfying defense motions, the choice of the form of preliminary investigation, the powers of the body conducting the investigation, and the preparation of final procedural documents are considered. In conclusion, the author proposes amendments to criminal procedural legislation that will eliminate gaps and ensure a more effective and fair consideration of criminal cases involving private prosecution, as well as enhance the level of protection of the rights and legitimate interests of participants in criminal proceedings.
D. M. Farakhiev (Thu,) studied this question.