REALIZATION OF THE RIGHT TO SUBMIT PETITIONS IN THE CONTEXT OF ELECTRONIC PRE-TRIAL PROCEEDINGS

Abstract

The article examines the realization of the right to submit petitions in the context of electronic pre-trial proceedings in the Republic of Kazakhstan. The subject of analysis is the Public Sector of the Unified Register of Pre-Trial Investigations (hereinafter, PS URPTI) as a digital form for filing statements, motions, and complaints by participants in criminal proceedings. The purpose of the study is to determine the procedural significance of the PS URPTI and to substantiate that its role is not limited to the technical transmission of a document, but is expressed in changing the mechanism for exercising the right to petition. The study relies on the provisions of the Criminal Procedure Code of the Republic of Kazakhstan, subordinate acts of the Prosecutor General’s Office of the Republic of Kazakhstan, and scholarly works devoted to the digitalization of criminal procedure and the institution of procedural petitions. The study concludes that the PS URPTI does not create a new subjective right, but provides a digital form for exercising the right to submit petitions already established by law. It is concluded that the significance of the PS URPTI lies in strengthening the fixability, visibility, controllability of petitions, and their connection with the electronic criminal case. At the same time, it is shown that the effectiveness of this model depends on the accessibility of digital infrastructure, compliance with confidentiality requirements, and the actual consideration of the petition on its merits.