Responding to a violation of the right to bury the deceased
In Kyrgyzstan, each person shall have the right to internment (burial) after death in compliance with customs and traditions, religious and spiritual rites. In practice, there are possible cases when this right is violated. For example, the head of Ayil Okmotu (municipality) or village residents prohibit the deceased to be buried at local cemetery based on religious grounds. What is the responsibility of those who prevent the internment of deceased person? How to respond to violations of internment right? There were cases in Kyrgyzstan when local residents were preventing the relatives of deceased to bury the body at local cemetery by stressing that local cemetery is a “Muslim” one. Such cases were often accompanied by violence against relatives of a deceased and demand for renunciation of religious beliefs, and in several cases the deceased body was excavated and reburied in other places not intended for burial. Presently, the situation is exacerbated by the fact that there are no special law regulating the deceased internment and procedures determining the appeal and restoration of violated internment rights. The Law “On internment and funeral business”, adopted by Jogorku Kenesh (National Parliament) of the Kyrgyz Republic on 10 December 2015, after considering the objection made by the President of the Kyrgyz Republic to the Law, was rejected by Jogorku Kenesh of the Kyrgyz Republic with its Resolution as of 5 February 2020 No. 3527-VI “On the objection of the President of the Kyrgyz Republic to the Law of the Kyrgyz Republic “On internment and funeral business”. In developing this section and due to lack of special regulatory legal act, we attempted to present existing and valid mechanisms for protecting the internment right of deceased. The above mechanisms can be applied depending on the facts and cases associated with the presence of certain actions, violence, prohibition and denial of internment right.
- 1. Legislative regulation of the issue related to burial of a deceased person
- 2. Filing a complaint with the prosecution authorities
- 3. Filing a complaint with the judicial authorities:
- 3.2. Protection mechanisms under the Civil Procedure Code of the Kyrgyz Republic
- 3.3. Protection mechanisms under the Criminal Code of the Kyrgyz Republic
- 3.4. Protection mechanisms under the Code of Offences of the Kyrgyz Republic
- 3.5. Protection mechanisms under the Criminal Procedure Code of the Kyrgyz Republic:
1. Legislative regulation of the issue related to burial of a deceased person
To protect the violated right, it should be assumed that the right to bury the deceased is associated with the constitutional right to freedom and personal integrity (Article 59 (1)), the right to privacy, protection of honour and dignity, where human dignity in the Kyrgyz Republic is absolute and inviolable (Article 29 (1)), the right to freedom of conscience and religion, therefore, no one may be forced to express or refute their religious and other convictions (paragraphs 1, 2 and 3 of Article 32).
These rights are guaranteed by the Constitution of the Kyrgyz Republic and derive from the relevant generally recognised principles and norms of international law, which, according to the Constitution of the Kyrgyz Republic, are an integral part of the legal system of our country (Article 6 (3)).
Therefore, no one may be subjected to discrimination on the grounds of religion and religious beliefs. And since human rights and freedoms are among the highest values of the Kyrgyz Republic, they have a direct effect and determine the meaning and content of the activities of all state bodies, local government bodies and their officials. The Kyrgyz Republic shall respect and ensure the rights and freedoms of all persons within its territory and jurisdiction (Article 23 (1) and Article 24 (1)).
In addition, cases in the executive authorities and in the courts shall be resolved directly on the basis of constitutional norms, since the Constitution has supreme legal force and direct effect in the Kyrgyz Republic (Article 6 (1)).
According to paragraph 8 of part 1 of Article 27 of the Law of the Kyrgyz Republic “On Local State Administration and Local Self-Government Bodies”, ensuring the functioning of cemeteries and the provision of funeral services belong to the issues of local significance. Therefore, they shall fall under the jurisdiction of local self-government bodies.
The executive bodies of local self-government are: in the city/town - the mayor's office; in ayil aimak - ayil okmotu. And officials are, respectively, the mayor and his/her deputy; the head of the ayil okmotu and his deputy; ayil bashchysy (headman of the ayil).
Mayors of towns of district significance shall be appointed by akim. Mayors of the cities of Bishkek and Osh and towns of regional significance shall be appointed by the President. Mayors of cities/towns are appointed from among the persons who are in the municipal personnel reserve. The term of office of a mayor is 5 years. The term of office of the mayor shall not be linked to the term of office of the kenesh or the change of akim or the President (paragraphs 1 and 2 of Article 47).
The first deputy (deputy) mayor of a city/town of republican, regional and district significance shall be appointed by the mayor him/herself from among the persons who are in the municipal reserve. The first deputy mayor replaces the mayor during his/her absence and performs the duties assigned by the mayor. The deputy mayor performs the duties assigned by the mayor and replaces him/her in the absence of the position of first deputy mayor (Article 49).
The head of ayil okmotu shall be appointed by akim from among the persons who are in the municipal personnel reserve. The term of office of the head of ayil okmotu is 5 years. The term of office of the head of ayil okmotu shall not be linked to the term of office of the kenesh or the change of akim (paragraphs 1-3 of Article 53).
The deputy head of ayil okmotu shall be appointed by the head of ayil okmotu. The deputy head of ayil okmotu replaces the head of ayil okmotu during his/her absence and performs the duties assigned by the head of ayil okmotu. In the absence of the position of the deputy head of ayil okmotu, the temporary performance of the duties of the head shall be vested in the executive secretary of the ayil okmotu.
Ayil bashchysy performs the functions delegated to him/her by the decision of the executive body of local self-government, based on the territorial specifics of the settlement, established customs and traditions.
Ayil bashchysy shall be appointed by the head of the executive body of local self-government with the consent of the general assembly of the residents of the respective village and serves as a municipal employee (paragraphs 1-3 of Article 56).
Local communities may hold kurultais, gatherings (meetings) and other forms of direct expression of will for making decisions on the most important issues of local significance that require discussion with community members.
A local kurultai (kurultai of the local community) is a public representative assembly that makes recommendations in the area of social development of the respective territory. The organization and procedure for the activities of the local kurultai shall be determined in the cases and in the manner prescribed by the constitutional law (Article 62).
Gatherings (meetings) and public hearings are held with the participation of members of the local community living on the territory of one street, one neighbourhood, microdistrict or village, with the adoption of recommendations on them, aimed at considering the opinions of members of the local community on issues of importance, hearing and discussing information from deputies of the local kenesh and executive bodies of local self-government. Recommendations of gatherings (meetings) shall be considered with the participation of representatives (delegates) from the relevant gatherings (meetings) (Article 63).
Decisions of local keneshes, executive bodies of local self-government, kurultais, gatherings (meetings) of citizens, bodies of territorial public self-government must not contradict the laws of the Kyrgyz Republic. For failure to comply with the decisions of local self-government bodies, officials and citizens shall be liable in accordance with the procedure established by law (paragraphs 2 and 5 of Article 68).
The Resolution of the Government of the Kyrgyz Republic of April 11, 2016 No. 201 approved the sanitary and epidemiological requirements for the location, arrangement, equipment and operation of cemeteries and funeral facilities (Annex 22). Therefore, to protect your rights, it is advisable to know the following important requirements in this area.
Paragraph 199 of Section 18 of Annex 22 states that burial in mass, family (ancestral) graves shall be permitted, taking into account hydrogeological, climatic conditions and the height of standing groundwater.
Burial in crypts is carried out in coffins, sarcophagi or urns with ashes after cremation. The crypt shall be equipped with a ventilation shaft and a floor with a draining layer. Burial of remains after cremation (ashes) in urns is shall be carried out in columbaria and in graves (paragraphs 200-202).
Biological waste (organs, tissues, and others) shall be cremated or buried in wooden boxes in a specially designated area of the cemetery (paragraph 203).
In the absence of particularly dangerous infectious diseases, reburial of deceased persons is carried out within the first two weeks after burial, thereafter - not earlier than three years after burial, in sandy soils - not earlier than one year with the provision of a document issued in the prescribed manner by the authorised body in charge of sanitary and epidemiological well-being of the population of the Kyrgyz Republic (paragraph 204).
When sending for burial a corpse of a deceased person who dies of a particularly dangerous infectious diseases or an infection of unclear aetiology that require measures for the sanitary protection of the territory, the permission of the authorised body in charge of sanitary and epidemiological well-being of the Kyrgyz Republic must be obtained (paragraph 206).
Transportation of the deceased to the place of burial is carried out by specialised vehicles. Other types of vehicles for the transportation of the deceased shall be permitted, except for vehicles used for the transportation of food raw materials and food products (paragraph 208).
In order to be able to bury in the territory of the Kyrgyz Republic the bodies of the deceased delivered from other states, a document confirming that the deceased does not have any particularly dangerous infectious diseases or diseases of unclear aetiology (paragraph 210).
Washing and disposal of special clothing at home shall be prohibited. The tool used in the course of work shall not be taken outside the cemetery (paragraph 213).
2. Filing a complaint with the prosecution authorities
In case of violation of the right to burial, citizens shall have the right to file an application or complaint with the prosecution authorities in accordance with the Constitutional Law of the Kyrgyz Republic “On the Prosecutor’s Office of the Kyrgyz Republic”, since the following shall be the subject of supervision by the prosecution authorities:
- compliance with the Constitution of the Kyrgyz Republic, precise and uniform implementation of laws by the entities specified in the law;
- compliance with the laws of legal acts issued by the entities specified in the law;
- supervision over observance of human and civil rights and freedoms (Article 31).
It should be noted that appeals may not be forwarded to a body or official whose decisions or actions (inactions) are being contested. In addition, the prosecutor's office shall not consider anonymous appeals (Article 7).
When considering a complaint, a prosecutor shall have the power to (Article 32):
- request managers and other officials to submit the necessary documents, materials, and other information; assign specialists to clarify the issues that have arisen; conduct inspections of materials, information and appeals received by the prosecutor's office and oblige them to report on their results;
- call officials and other persons to give explanations on violations of laws.
A prosecutor, in case of establishing a violation of the law, shall have the right to:
- challenge legal acts, regulatory legal acts that contradict superior regulatory legal acts;
- apply to the court with a claim to declare the acts as invalid or unconstitutional;
- challenge unlawful actions (inactions) of the entities referred to in paragraph 1 of part 2 of article 2 of the constitutional Law;
- make submissions and orders to eliminate violations of laws or other regulatory legal acts; warn against their prevention;
- apply to the court for the protection of the rights and legally protected interests of citizens, society and the State;
- enter information into the Unified Register of Crimes;
- initiate and investigate a criminal case;
- initiate proceedings on a disciplinary offence and on an offence against the public administration;
- claim liability for persons who have violated the law.
Prosecutors of regions, prosecutors of specialised prosecutor's offices, prosecutors of cities/towns and districts and their deputies, as well as other prosecutors on their behalf, shall have the right to attend meetings of the offices of plenipotentiary representatives of the Cabinet of Ministers of the Kyrgyz Republic in regions, local state administrations, meetings and sessions of local self-government bodies (Article 9).
Prosecutors shall have the right to participate in the consideration of the acts of prosecutorial response submitted by them in the courts and the entities referred to in paragraph 1 of part 2 of Article 2 of the Constitutional Law.
Officials are obliged to immediately proceed with the implementation of the instructions, requirements and orders provided for in the act of the prosecutorial response.
A citizen can appeal against the actions of the prosecutor and the acts of the prosecutorial response to a higher-ranking prosecutor or to the court. However, an appeal against the claims and acts of the prosecutorial response shall not suspend their enforcement, except in cases where the court or a higher-ranking prosecutor may suspend their enforcement until a decision is taken on the appeal against the actions or acts of the prosecutorial response (Article 8).
If needed, a citizen may request a higher-ranking prosecutor to revoke the act of prosecutorial response of a subordinate prosecutor. The higher-ranking prosecutor may also revoke the act on his/her own initiative.
3. Filing a complaint with the judicial authorities:
3.1. Protection mechanisms under the Civil Code of the Kyrgyz Republic
Losses caused to the relatives of a deceased or persons close to him/her, or a religious organization as a result of illegal actions (inactions) of state bodies, local self-government bodies or officials of these bodies, including the issuance of an act of a state body that does not comply with the law, shall be compensated by the State, or by local self-government bodies in cases provided for by law (Article 15).
For example, losses can be the expenses incurred or to be incurred by the relatives of the deceased or persons close to him/her for the restoration of the violated right to burial (actual damage): transportation of the body of the deceased to another cemetery, the cost of reburial, the cost of appealing to the prosecutor's office, etc.
The Article 18 of the Code, allows for the protection of the honour, dignity and business reputation of a citizen even after his/her death at the request of interested parties. This entitles an heir to file a claim with the court for the protection of honour and dignity, recognition of disseminated information relating to the religion or religious beliefs of the deceased person as untrue and discrediting his/her honour and dignity, and demand their refutation.
It should be borne in mind that the legislation does not define the concepts of “honour”, “dignity” or “business reputation”, since they belong to moral and ethical categories. At the same time, they are concurrently recognised as personal non-property rights and are separate targets for judicial protection.
It should also be borne in mind that when resolving disputes on the protection of honour, dignity and business reputation, a balance must be ensured between the right of citizens to defend their honour, dignity and business reputation, on the one hand, and other constitutionally guaranteed rights and freedoms, such as freedom of thought, speech, the right to freely seek, receive, transmit, produce and disseminate information in any lawful manner.
A claim for the protection of honour, dignity and business reputation of a deceased person must be filed with the district court (a district court in the city, a city court). If information discrediting the honour, dignity or business reputation of a citizen is disseminated in the media, it must be refuted in the same media, including on the Internet. The procedure for refutation in other cases shall be established by the court.
To file claims for the protection of honour, dignity and business reputation of a deceased person, it is recommended to consult the Resolution of the Plenum of the Supreme Court of the Kyrgyz Republic “On judicial practice in resolving disputes on the protection of honour, dignity and business reputation” No. 4 of February 13, 2015.
3.2. Protection mechanisms under the Civil Procedure Code of the Kyrgyz Republic
According to Article 4 of the Code, any interested person may apply to the court for the protection of their violated or disputed rights, freedoms and legally protected interests in accordance with the procedure established by law. For example, heirs, relatives or persons close to the deceased have the right to file a claim for the recovery of expenses incurred or to be incurred by them in order to restore the violated right to burial, including claims for compensation for property damage and (or) moral harm caused by a crime and (or) a misdemeanour if they are not compensated for in a voluntary manner.
In these cases, the legislation does not establish an obligatory pre-trial settlement procedure, therefore, such cases can be referred to the court without obligatory observance of the pre-trial procedure.
The above claims shall be subject to the jurisdiction of a district court (a district court in the city, a city court) (Article 28 (1)).
A claim shall be filed with the court at the place of residence or location of the defendant, for example, a convicted person who has committed a crime, the head of ayil okmotu, a ritual agency (Article 30 (1)).
Claims against a defendant whose place of residence is unknown or who does not have a place of residence in the Kyrgyz Republic may be filed at the location of his/her property in the Kyrgyz Republic or at his/her last known place of residence or location (Article 31 (1)).
Claims for compensation for harm caused by injury or other damage to health, as well as the death of the breadwinner, may also be filed by a claimant at the place of his/her residence or at the place of infliction of harm (Article 31 (4)).
3.3. Protection mechanisms under the Criminal Code of the Kyrgyz Republic
Violation of the right to burial may be the basis for criminal prosecution of the perpetrators.
Thus, violation of the equality of rights of a person, namely, direct or indirect restriction of the right to burial, on the grounds of religion, religious or other beliefs of a person and which, through negligence, has caused significant or serious harm, shall constitute a crime under Article 189 of the Criminal Code.
Significant harm - the consequences expressed in:
1) infliction of less serious harm to health;
2) violation of the constitutional rights and freedoms of a person and a citizen;
3) infliction of significant material (property) damage;
Serious harm - the consequences expressed in:
1) infliction of serious harm to the health of one person, or two or more persons;
2) infliction of large or particularly large-scale damage, including epizootic or mass death of animals or plants.
3) particularly serious harm - the death of a person, including as a result of the victim’s suicide, or the death of two or more persons.
Deliberate acts that violate public order and the norms of generally accepted behaviour, accompanied by violence or the threat of violence, or the commission of indecent acts characterised by cynicism, that is, involving the destruction or damage of other people’s property, or accompanied by the use or threat of violence that does not endanger life and health, constitute hooliganism - a crime under Article 280 of the Criminal Code.
Hooliganism can also be committed:
1) by a group of persons;
2) by a group of persons by prior conspiracy;
3) with the use or attempted use of firearms, gas-traumatic weapons, knives, brass knuckles and other edged weapons or other items specially adapted to cause harm to health;
4) with resistance to a representative of the authorities or another person performing public order protection duties.
Organisation of mass disturbances accompanied by violence, riots, arson attacks, destruction of property, the use of firearms, explosives or explosive devices or armed resistance to a representative of the authorities, participation in such disturbances, calls for active disobedience to the lawful demands of representatives of the authorities and for mass disturbances, and calls for violence against citizens entails criminal liability in accordance with Article 278 of the Criminal Code.
Actions aimed at inciting religious hatred (enmity), humiliating national dignity, or propagating the exclusivity, superiority or inferiority of citizens on the grounds of their attitude to religion, national or racial origin, committed publicly or with the use of the media, or the Internet shall constitute a crime under Article 330 of the Criminal Code. The same acts committed with the use or threat of violence that does not endanger life and health; with the use of one’s official position; by a group of persons; by a group of persons by prior conspiracy; by an organised group; as part of a criminal community.
Infliction of serious harm to health in the form of a bodily injury that endangers life at the time of infliction; or infliction of harm to health, resulting in loss of vision, speech, hearing or any organ or loss of functions of an organ, mental illness or other health disorder, combined with a permanent disability of at least one third, or with a knowingly complete loss of professional capacity for work, or indelible disfigurement of a person shall constitute crimes under Article 130 of the Criminal Code.
According to Article 130 of the Criminal Code, the same act committed: in respect of a family member; in respect of two or more persons; in respect of a woman who is pregnant; in respect of a person who is in a helpless state or a child; in respect of a person or his/her relatives in connection with the performance of official, professional activities or the performance of public duty by this person; on the grounds of racial, ethnic, national, religious and interregional hatred (enmity); accompanied by kidnapping of a person or taking a hostage; accompanied by robbery or extortion; accompanied by rape or forcible satisfaction of sexual passion in other forms; with particular cruelty; for the purpose of concealing another crime or facilitating its commission; out of hooligan motives; for personal gain or by order; by a group of persons; by a group of persons by prior conspiracy, resulting in in the death of a person by negligence, including as a result of suicide, or the death of two or more persons (particularly serious harm); committed in the aggregate of two or more aggravating circumstances; committed by an organised group; committed as part of a criminal community
According to Article 131 of the Criminal Code, criminal liability arises for the infliction of less serious harm to health that does not endanger life and has not entailed the consequences provided for in Article 130 of the Criminal Code, but which caused a long-term health disorder or a considerable permanent loss of general capacity for work by less than one third. As well as the same act committed: in respect of two or more persons; in respect of a person whom the perpetrator knows to be in a helpless state; out of hooligan motives; with particular cruelty; by a group of persons; by a group of persons by prior conspiracy; in respect of a person or his/her relatives in connection with the performance of official, professional activities or the performance of public duty by this person; in the aggregate of two or more aggravating circumstances; by an organised group; as part of a criminal community.
Infliction of serious harm to health by negligence shall constitute a crime under Article 134 of the Criminal Code.
Infliction of less serious harm to health by negligence, including those committed as a result of improper performance of professional duties by a person, due to carelessness or negligence, constitute a crime under Article 135 of the Criminal Code.
According to Article 136 of the Criminal Code, criminal liability arises for the infliction of minor harm to health, which has resulted in a short-term health disorder or minor permanent loss of capacity for work.
Threat to use violence that endangers life and health, if there are reasonable grounds to fear the implementation of this threat, including those committed: in respect of a person or his/her relatives in connection with the performance of official, professional activities or the performance of public duty by this person; by an organised group; as part of a criminal community shall constitute a crime under Article 139 of the Criminal Code.
It is worth noting separately that Article 374 of the Criminal Code establishes liability for blackmail or the threat of violence that does not endanger life and health against a representative of the authorities or his/her spouse or close relatives in connection with the performance by a representative of the authorities of his/her official duties, as well as the use of violence that does not endanger life and health, or the threat to use violence that endangers life and health against the above persons.
Coercion of a person to commit any actions or inactions against the public administration, combined with the use or threat of violence that does not endanger life or health, except for the cases specified in this Code, shall constitute a crime under Article 383 of the Criminal Code.
It should be borne in mind that criminal liability under articles 130, 131, paragraph 2 of article 280 of the Criminal Code applies to a person who reached the age of 14 before committing a crime. For the rest of the articles specified in this section, criminal liability applies to a person who reached the age of 16 before committing a crime.
3.4. Protection mechanisms under the Code of Offences of the Kyrgyz Republic
A person who reached the age of 16 before committing an offence shall be held liable for that offence.
Obstruction of the right to freedom of conscience and religion is considered to be an offence against the civil and socio-economic rights of an individual. For example, there may be unlawful acts at the time of burial that prevent the performance of religious rites near the grave. Such acts are considered an offence under Article 141 of the Code of Offences.
In addition, liability is envisaged for disorderly conduct, that is, obscene language (including swearing) in public places, offensive harassment of citizens and other actions (fulfilling natural needs in inappropriate places, deliberate damage to property in an insignificant amount, manifestation of aggression, etc.) which disturb public order and peace of citizens (Article 126).
Misdemeanours against health include beating or committing other violent actions that caused physical pain, if such actions do not contain qualifying elements, which entail criminal liability (Article 56), the deliberate infliction of minor harm to the health of a person, which has not entailed a short-term health disorder (Article 57).
The following are considered to be aggravating circumstances for the above offences: continuation of unlawful behaviour, despite the request of the authorised body to stop; commission of an offence by a group of persons, that is, the joint commission of an offence by two or more persons, regardless of prior conspiracy between them; repeated commission of a homogeneous offence within one year; involvement of a child under the age of 18 in an offence; and commission of an offence by a person under the influence of alcohol or narcotic, psychotropic or other intoxicating substances.
The internal affairs bodies consider cases of offences and impose penalties under Article 141 of the Code.
3.5. Protection mechanisms under the Criminal Procedure Code of the Kyrgyz Republic:
In case of violation of the right to bury a deceased person, the victim can be:
- an individual who has suffered physical, moral harm and (or) material damage as a result of a crime;
- a legal entity that has suffered property damage as a result of a crime.
The rights and obligations of a victim arise from the moment a decision is made to recognize him/her as a victim. The list of rights and obligations of a victim is established in Article 40 of the Code.
A victim can be represented by defence counsel and other persons authorised by virtue of law to represent the legitimate interests of the victim in criminal proceedings (Article 42).
Pre-trial proceedings in the framework of criminal proceedings shall be conducted in the form of preliminary inquiry and pre-trial investigation. Pre-trial proceedings shall commence from the moment the information is entered into the Unified Register of Crimes to the moment the case is sent to court, discontinued or dismissed (Article 144).
The investigator, the prosecutor shall, without delay, from the moment of receipt of grounds for initiating pre-trial proceedings, provided for in Article 148 of the Code, enter the relevant information into the Unified Register of Crimes.
The initiation of pre-trial proceedings shall be notified to the person from whom a statement or report of a crime has been received.
An investigator and prosecutor shall be obliged to immediately initiate a preliminary inquiry on pre-trial proceedings registered in the Unified Register of Crimes (Article 145).
The reason for initiating pre-trial proceedings can be a statement from a citizen about a committed or impending crime; report from an authorised person on a committed or impending crime; report of an official, inquiry body, investigator or prosecutor on the direct discovery of circumstances that provide evidence of a committed or impending crime (Article 148).
The bodies conducting pre-trial proceedings shall be obliged to accept and register a statement or report on any committed or impending crime. The applicant is issued a document confirming the registration of the accepted statement or report of a crime, with the indication of the person who received the statement or report, the time of its registration and the registration number (Article 147).
Statements of a citizen about a committed or impending crime can be in oral or written form. A written statement must be signed by the person who submitted it.
The applicant shall be warned of criminal liability for a knowingly false report, which shall be noted in the submitted statement or protocol, which shall be certified by the signature of the applicant.
An anonymous statement of a crime shall not be registered in the Unified Register of Crimes and no pre-trial proceedings shall be conducted thereon (Article 149).
After issuing a decision on initiating a criminal case:
- the investigator takes over the case and proceeds with the investigation, or hands over the case to a prosecutor for referral of the case according to investigative or territorial jurisdiction;
- the prosecutor refers the case to the investigator for investigation (Article 157).
Actions (inactions) and decisions of inquiry body, investigator, head of investigative unit or prosecutor may be appealed in accordance with the procedure established by this Code by participants in criminal proceedings, or by other persons, if the ongoing procedural actions (inactions) or decisions affect their interests (Article 125).
Complaints against decisions, actions (inactions) of inquiry body, investigator, head of investigative unit or prosecutor may be submitted within 10 days from the date of familiarisation with the results of these actions or receipt of a copy of the decision.
Complaints shall be submitted to the state body or official conducting criminal proceedings, which/who are authorised by law to consider complaints and make decisions on them.
Complaints can be in oral or written form. Oral complaints are recorded in a protocol, which shall be signed by the applicant and the official who accepted the complaint. Additional materials may be attached to the complaint.
A person who submitted a complaint has the right to withdraw it. A victim has the right to withdraw the complaint submitted by his/her representative, except for those submitted by the legal representative. A withdrawal of the complaint shall not preclude its re-submission.
The submission of a complaint shall not suspend the performance of the contested action and the enforcement of the contested decision, unless an investigator, prosecutor or judge deems it necessary to proceed (Article 126).
A prosecutor, head of investigative unit shall consider a complaint no later than 3 days from the date of its receipt. In exceptional cases, when it is necessary to request additional materials or take other measures to verify the complaint, the complaint may be considered within up to 10 days, of which the applicant shall be notified.
Based on the results of the review of the complaint, the prosecutor or the head of investigative unit shall make a decision on the full or partial satisfaction of the complaint with the cancellation or amendment of the contested decision or on the refusal to satisfy the complaint, of which the applicant must be notified (Article 129).
Rulings and other decisions and actions (inactions) of a prosecutor, investigator, head of investigative unit, inquiry bodies may be appealed to the court at the place of pre-trial proceedings prior to the receipt of the criminal case by the court (Article 130 (1)).
A complaint (submission) against a sentence, ruling and decision of the courts of the first and appellate instances shall be submitted in accordance with the rules of Chapter 46 of this Code.
A complaint (submission) on reviewing court decisions that have entered into legal force shall be submitted in accordance with the rules of Chapter 51 of this Code, except for decisions of an investigating judge (Article 131).
According to Article 159 of the Code, investigators of the internal affairs bodies shall investigate criminal cases on crimes against health (Articles 130-136 of the Criminal Code); on crimes against civil and other human rights (Article 189 of the Criminal Code); on crimes against public order (Articles 278-280 of the Criminal Code); on crimes against the public administration (Article 383 of the Criminal Code).
Investigators of the national security and internal affairs agencies shall investigate criminal cases on crimes against the public administration (Article 374 of the Criminal Code).