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POSSIBILITIES OF IMPROVING THE THEORETICAL AND LEGAL
BASIS OF THE USE OF EVIDENCE COLLECTED AS A RESULT OF
RAPID SEARCH ACTIVITY IN JUDICIAL AND INVESTIGATIVE
ACTIVITIES
Yakubov Bekzod Erkinbaevich
Chairman of Bogot district court on criminal cases of Khorezm region
https://doi.org/10.5281/zenodo.16791597
Abstract:
This article examines the types of operational investigative
activities, the implementation of operational investigative activities and the
main tasks of operational investigative activities and measures to ensure the
legality of the results of activities, the legality of evidence collected during
operational investigative activities, and provides scientific, theoretical and
practical recommendations on the basics of using this evidence as the main
means in the investigation of crimes, as well as in proving guilt at a court
hearing. At the same time, the opinions and reasoning of theoretical scientists
and experienced employees were analyzed.
Key words:
Quick search activity, quick experiment event type, conspiracy
principle, results of quick search activity and prosecutor's supervision.
Introduction.
Conducting search and seizure activities is the process of implementing a
set of search and seizure activities against persons who are reasonably
suspected of committing or committing crimes, in order to prevent or solve their
crimes, as well as to identify and detain hidden criminals, if it is impossible to
achieve the goal in other ways or if this is extremely difficult.
It is necessary to have reasons and grounds for making a decision to
conduct a search and seizure activity based on the tasks of combating crime.
The information obtained and collected as a result of search and seizure
activities is of great importance in clarifying the true state of the case and in
establishing the truth.
In this regard, before addressing the issue of evidence collected during
search and seizure activities, it is advisable to clarify the evidence and its
specific characteristics.
Because evidence is any information about facts and circumstances that are
important for the correct resolution of a criminal case, obtained from sources
established by law and by methods specified by law. [1] The use of existing
information in criminal cases as evidence contradicts the essence of judicial
investigation, its procedural form, and the rule on the use of only procedural
means of proof provided for by law, since the Criminal Procedure Code provides
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that it is unacceptable to use operational information received directly in
criminal proceedings as evidence, to convert this information into judicial
evidence by questioning officials (operational officers) conducting operational
search activities, and persons involved in the case. [2]
The presence of reasons and grounds for making a decision to conduct an
operational search measure based on the tasks of combating crime is a
prerequisite. The receipt of information by the bodies carrying out the activity
about crimes being prepared, being committed or committed is recognized as a
reason for conducting an operational search measure, this information may be
received in writing (reports received by the bodies carrying out the activity,
inspection materials and other information) and, in cases where it is necessary
to take urgent measures to prevent negative consequences, in oral form. [3]
The legal basis for conducting operational search measures, the procedure
and conditions for their conduct, as well as the use of technical means permitted
for use during the measures, and the legality of the sources of obtaining and
collecting evidence necessary for the legal registration of the results of the
measure and the disclosure of the committed or prevented criminal offense are
explained by the legality of the sources of obtaining and collecting evidence.
An important factor in the high-quality organization and conduct of
emergency and search operations is the full study of the requirements for the
rules for conducting them by emergency personnel of specially authorized
bodies, not only by understanding the essence of these operations, but also by
adhering to these principles, which, along with their thorough mastery of the
principles and conditions for conducting the above-mentioned emergency
operations, will allow them to apply the acquired skills in practice on a legally
justified basis, prevent violations of legality, and achieve legally significant
results.
Based on this, the evidence collected as a result of operational-search
activities can be described as follows: - any factual information that serves as a
basis for the inquiry officer, investigator and court to determine, in accordance
with the procedure established by law, whether a socially dangerous act has
occurred, the guilt or innocence of the person who committed this act, and other
circumstances important for the correct resolution of the case; - testimonies of
witnesses, victims, suspects, accused, defendants, expert opinions, video and
audio recordings, materials consisting of officially drawn up protocols; - factual
information, documents and other material objects verified and evaluated as a
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result of operational measures carried out in compliance with the requirements
established by law. [4]
These circumstances indicate that the results of operational-search
activities are significantly influenced by such important factors as the reliability,
admissibility or inadmissibility of evidence, the absence of relevant evidence,
and the requirements imposed on them.
Today, the practice of operational-search activities shows that operational-
search activities carried out to prevent, detect, eliminate, and disclose crimes
require not only thorough preparation, but also strict adherence to the
conditions stipulated by law.
Article 16 of the Law on Operational-Search Activities establishes the
conditions and legal grounds for conducting operational-search activities, which
reflects the legal basis for the rules ensuring the legality and effectiveness of
operational measures established by law.
That is, [5]
It follows that the task of studying and analyzing the best practices in
ensuring compliance with the requirements of criminal procedural legislation
regarding the relevance, admissibility, reliability, significance and sufficiency of
objects and documents collected as a result of operational search activities as
evidence is of urgent importance today.
The main purpose of using the results of operational search activities is to
identify and verify initial information about the signs of a crime, collect samples
for comparative examination, identify and record information about persons
engaged in criminal activity and participating in the commission of a crime,
identify and detain persons who participated in the commission of a crime.
Today, the practice of operational search activities shows that operational
search activities carried out to prevent, detect, eliminate and disclose crimes
require not only thorough preparation, but also strict adherence to the
conditions stipulated by law. [6]
Article 16 of the Law on Operational Search Activities establishes the
conditions and legal grounds for conducting operational search activities, which
reflects the legal basis of the rules ensuring the legality and effectiveness of
operational measures established by law. [7]
The conditions and legal basis for conducting search and rescue operations
are as follows: a) search and rescue operations are carried out within the border
territory of a certain state; b) in relation to all citizens;
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c) only for the purpose of solving the goals and objectives of search and
rescue operations;
d) using means that do not harm the life and health of citizens, property of
legal entities and individuals, and environmental safety. [8]
Initial information about the perpetrators of a crime obtained during the
implementation of a number of search and rescue operations serves as a guide
to help correctly select future investigative actions aimed at collecting and
verifying evidence in a criminal case.
The use of the results of search and rescue operations as evidence in
criminal cases poses serious difficulties, since it is necessary to find ways to
explain the results of the search and rescue operations while maintaining the
secret nature of the search and rescue operation and to turn the search
information into evidence. In this regard, it is necessary to determine whether
the objects and documents obtained or collected as a result of the search and
rescue operations comply with the procedural rules and requirements. Since the
problem of using the results of search and rescue operations is multifaceted, it is
impossible to solve it without analyzing this term. “Result” is the final result of
some activity, case, that is, the result of search and rescue operations means the
solution of the tasks of this activity. [9]
Тезкор-қидирув фаолияти натижаларини қонунийлигини таминлаш
қуйидагиларга
эришишга
хизмат
қилади:
биринчидан,
қонун
бузилишининг барвақт олди олинишига;
иккинчидан,
тезкор-қидирув
тадбири натижаси бўйича тўпланган ҳужжатларни ноъмақбул далил
сифатида топилишининг олди олинишига;
учинчидан,
баъзи нарса-
буюмларнинг ноқонуний муомалага ёки истеъмолга киришининг барвақт
олди олинишига;
тўртинчидан,
ҳуқуқбузарликка олиб келувчи сабаб ва
омилларнинг ўз жойида аниқланиб, уларнинг келиб чиқишига
яратилаётган шарт-шароитларнинг ўз вақтида олди олинишини
таъминлашга хизмат қилади.
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