International Journal Of History And Political Sciences
33
https://theusajournals.com/index.php/ijhps
VOLUME
Vol.05 Issue04 2025
PAGE NO.
33-35
10.37547/ijhps/Volume05Issue04-08
The Necessity, Legal Basis and Requirements for Using
the Results of Operational-Search Activities in Criminal
Proceedings
Yakubov Bekzod Erkinbaevich
Chairman of the Bogat District Criminal Court of the Khorezm region, Uzbekistan
Received:
16 February 2025;
Accepted:
15 March 2025;
Published:
14 April 2025
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 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.
Keywords:
Rapid search activities, rapid experiment type of event, conspiracy principle, results of rapid search
activities and prosecutorial control.
Introduction:
Conducting search and rescue operations
is the process of implementing a set of search and
rescue operations 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 rescue operation
based on the tasks of combating crime. The
information obtained and collected as a result of search
and rescue operations is of great importance in
clarifying the true state of the case and determining the
truth.
In this regard, before addressing the issue of evidence
collected during search and rescue operations, it is
advisable to clarify the evidence and its specific
features.
Because evidence is any information about facts and
circumstances that is 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 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]
We can analyze the legal basis for conducting search
and seizure measures as follows: - the right to
confidentiality
of
correspondence,
telephone
conversations and other conversations, postal, courier
shipments, telegraph messages and other messages
transmitted via communication networks, as well as
the right to inviolability of the home, as well as the right
to conduct search and seizure measures, such as the
inspection of residential premises, must necessarily be
sanctioned by a prosecutor or a court. The necessity
and obligation of obtaining a prosecutor's sanction for
conducting these search and seizure measures is
primarily due to the fact that the conditions for their
conduct infringe on the constitutional rights and
freedoms of citizens. [3]
International Journal Of History And Political Sciences
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International Journal Of History And Political Sciences (ISSN
–
2771-2222)
The legal basis for conducting search and rescue
operations, the procedure and conditions for their
conduct, the use of technical means permitted during
the operations, the legal formalization of the results of
the operations, and the legality of the sources of
obtaining and collecting evidence that must be proven
in the detection of a committed or prevented criminal
offense are explained by the lawfulness of the
operation.
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 in terms of the essence of
these operations, but also in terms of the rules for
conducting them. Only by adhering to these principles,
it is possible to fully master the principles and
conditions for conducting emergency operations and
apply the acquired skills in practice on a legally justified
basis, preventing violations of legality and achieving
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 result of operational
measures carried out in compliance with the
requirements established by law. [4]
These circumstances indicate that the results of the
search and rescue activities are characterized by such
important factors as the reliability, admissibility or
inadmissibility of the evidence, the absence of relevant
evidence, and the requirements imposed on them.
When assessing the evidence of objects (items) and
documents presented or collected as part of criminal
cases initiated as a result of search and rescue
activities, it is necessary to take into account such
features that emdiv their necessary characteristics,
without which the objects (items) and documents
presented or collected cannot be used as evidence.
That is, the objects (items) and documents presented
or collected are recognized as evidence from the point
of view of relevance, admissibility, reliability,
significance, and sufficiency. [5]
It can be seen from this that the task of studying and
analyzing the best practices of ensuring compliance
with the requirements of criminal procedural
legislation on the relevance, admissibility, reliability,
significance and sufficiency of objects and documents
collected as a result of operational search activities
when recognizing them as evidence is of urgent
importance today.
The main reason for 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,
participating in the commission of a crime, identify
persons participating in the commission of a crime and
detain them in the act.
Today, the practice of search and rescue activities
shows that search and rescue activities carried out to
prevent, detect, eliminate and expose crimes require
not only thorough preparation, but also strict
adherence to the conditions stipulated by law. [6]
Article 16 of the Law on Search and Rescue Activities
establishes the conditions and legal grounds for
conducting search and rescue activities, which reflects
the legal basis for the rules ensuring the legality and
effectiveness of search and rescue activities
established by law. [7]
The conditions and legal grounds for conducting search
and rescue activities are as follows: a) search and
rescue activities are carried out within the border
territory of a certain state; b) in relation to all citizens;
c) only for the purpose of solving the goals and
objectives of search and rescue activities; g) is to use
means that do not harm the life and health of citizens,
the property of legal entities and individuals, and the
safety of the environment. [8]
Initial information about the perpetrators of a crime
obtained in the course of a number of operational-
search measures 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 operational-search measures
as evidence in criminal cases poses serious difficulties,
since it is necessary to explain the results of the
operational-search measure while maintaining the
covert nature of the operational-search measure and
find ways to turn operational information into
evidence.
In this regard, it is necessary to determine the
compliance of the objects (items) and documents
obtained or collected as a result of the operational-
search measures carried out with the procedural rules
International Journal Of History And Political Sciences
35
https://theusajournals.com/index.php/ijhps
International Journal Of History And Political Sciences (ISSN
–
2771-2222)
and requirements.
Since the problem of using the results of operational-
search activities is multifaceted, it is impossible to solve
it without analyzing this term. “Result” is the final result
of some activity, work, that is, the result of operational-
search activities is understood as the solution of the
tasks of this activity. [9] Ensuring the legality of the
results of operational-search activities serves to
achieve the following: firstly, early prevention of
violations of the law; secondly, prevention of
documents collected as a result of operational-search
activities being found as inappropriate evidence;
thirdly, early prevention of the illegal circulation or
consumption of certain items; fourthly, it serves to
ensure the timely identification of the causes and
factors leading to the violation and the prevention of
the conditions created for their occurrence.
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