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USING SPECIALISED KNOWLEDGE TO OBTAIN SAMPLES FOR
EXPERT EXAMINATION IN CRIMINAL PROCEEDINGS IN THE
REPUBLIC OF UZBEKISTAN
Parakhatova Shakhnoza Ernazarovna
Doctoral student in the field of 12.00.09 ‘Criminal Procedure. Criminalistics,
Operational-Investigative Law and Forensic Examination’
https://doi.org/10.5281/zenodo.16718060
Keywords:
expertise, samples, specialist, expert, expert research, special
knowledge
Our republic is undergoing large-scale reforms aimed at reliably
guaranteeing human rights and freedoms and improving crime detection
processes. The criminal procedure legislation of the Republic of Uzbekistan
provides for such procedural actions as obtaining samples for expert
examination. An analysis of the system for using specialised knowledge in
criminal cases requires broader application in this area of modern capabilities of
new types of expertise, high technology (hi-tech), auditing, and selection of
samples for expert examination.
1
.
In accordance with Article 189 of the Criminal Procedure Code of the
Republic of Uzbekistan, an investigator, inquiry officer or court, and, if
necessary, with the participation of a doctor, other specialist or expert, has the
right to obtain samples for expert examination, provided that this does not
involve exposing the person from whom the samples are taken and does not
require special professional skills. On the instructions of the investigator,
inquiry officer or court, samples for expert examination shall be obtained by a
doctor or other medical specialist if obtaining the samples involves exposing the
person or requires special professional skills.
2
. In view of the above, it seems
reasonable to conclude that the participation of a specialist in the process of
obtaining samples for expert examination is highly effective and efficient as a
tactical technique. In this regard, it seems appropriate to pay special attention to
the use of specialised knowledge in obtaining samples for expert examination
within the framework of this study.
According to procedural scientists, the procedure for obtaining samples for
expert examination must inevitably be accompanied by the subsequent
appointment of a forensic examination. Formulating conclusions about the
ownership of samples to a specific object without the use of special knowledge
1
.
Astanov, I.R., Procedural and Criminalistic Aspects of Using Specialised Knowledge in Criminal Cases // Doctoral
Dissertation in Legal Sciences, 2018.
2
Criminal Procedure Code of the Republic of Uzbekistan dated 01.04.1995
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and conducting the appropriate expert examination is unacceptable from a
procedural and scientific point of view.
In his scientific work, V.A. Gavrikov proposes a classification of tactical
aspects of obtaining samples for comparative research into two separate groups.
The first group includes general issues such as planning and preparing the
procedure for obtaining samples, the participation of specialists and other
competent persons, the use of specialised knowledge and scientific and technical
means, and the proper procedural formalisation of the relevant actions. The
second group, according to the researcher, covers specific tactical techniques
used in obtaining various types of samples, such as handwriting, soil, materials,
substances, products, blood, saliva, and others.
3
.
The use of special knowledge is one of the general principles of tactics, as it
can be applied in the course of any investigative action. As noted in scientific
literature, the use of special knowledge contributes to the effectiveness of
investigative activities, ensuring more reliable and accurate results, as well as
minimising the likelihood of errors on the part of the investigator. The relevance
of involving a specialist in obtaining samples for expert examination is due, the
rapid development of science and technology, as well as their active integration
into everyday life, which leads to an expansion of the list of objects that can be
the subject of expert examination, which, in turn, presents the investigator with
the task of correctly determining the necessity and procedure for obtaining the
relevant samples.
It should be emphasised that the concept of ‘special knowledge’ is not
limited exclusively to scientific or technical disciplines, but covers a much
broader range of areas. Thus, I.F. Krylov points out that, along with scientific and
technical knowledge, investigative and judicial practice may require special
knowledge related to the fields of art, sports, collecting, professional skills,
traditions, customs, etc. In this regard, the researcher defines special knowledge
as information and skills that go beyond generally accepted professional
knowledge and are acquired through in-depth training and specialisation in a
specific, narrow field.
The participation of a specialist can take various forms, the main ones being
consultations on obtaining samples and providing practical assistance to the
investigator directly in the process of obtaining samples for expert examination.
As noted earlier, obtaining samples for expert examination based on a tactical
plan can be divided into three stages: preparatory, working and final stages.
3
Gavrikov, Vladimir Alekseevich. Obtaining samples for comparative research (Criminal procedural and forensic
aspects): Dissertation ... Candidate of Legal Sciences: 12.00.09: Moscow, 2004, 171 p. RGB OD, 61:04-12/1061
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The use of special knowledge is a general provision of tactics, i.e. special
knowledge can be applied in the course of any investigative action. The
relevance of involving a specialist in obtaining samples for comparative analysis
is also determined by the fact that modern science and technology, as well as
their integration into everyday life, lead to an expansion of the types of objects
that can be subject to expert analysis, and therefore the investigator may face
the question of obtaining such samples.
Bibliography:
1. Astanov, I.R., Procedural and Criminalistic Aspects of Using Specialised
Knowledge in Criminal Cases // Doctoral Dissertation in Legal Sciences, 2018.
2. Gavrikov, Vladimir Alekseevich. Obtaining samples for comparative research
(Criminal procedural and forensic aspects): Dissertation ... Candidate of Legal
Sciences: 12.00.09: Moscow, 2004, 171 p. RGB OD, 61:04-12/1061
3. Criminal Procedure Code of the Republic of Uzbekistan dated 01.04.1995.
