დაზარალებულის დაცვა გამოძიების ან სიხლისსამართლებრივი დევნის შეწყვეტის და დევნის დაწყებაზე უარისგან

This paper work refers to the rights of the complainant. In particular, the right of the complainant to appeal against the decision of the superior prosecutor to terminate the investigation and/or criminal prosecution and to refuse to initiate criminal prosecution. In this regard the Georgian legislation is analyzed and also includes a comparative legal review.
The scope of the prosecutor's discretion under the Code of Criminal Procedure has been analyzed and it has been found that he has the right to use the discretion extensively, posing a threat to subjectivism. Because the qualification of the criminal act and the fate of the criminal case depend on the prosecutor.
Extensive discretion generally does not pose a threat to the complainant if he or she has an interest in the alleged crime being investigated, the real culprit identified, the crime properly qualified, and, finally, a fair decision made on the case, the legal leverage of protection. Not all complainants have access to these legal levers under the Georgian law.
It has been analyzed and found that the Georgian law treats complainants unequally, even when there is a loss of one value for different persons, which contradicts the right to equality before the law recognized by the Constitution of Georgia.
Statistics were assessed to determine whether the effective functioning of the judiciary would be jeopardized by allowing the complainant the right to appeal against all crimes, and it has been found that such a threat does not exist in accordance with another constitution recognized, depriving a person of the right to appeal to a court.