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ABSTRACT
The Law of the Republic of Uzbekistan "On the Prosecutor's Office" (new edition) for the first time endowed the
bodies of the Prosecutor's Office, represented by the General Prosecutor's Office of the Republic of Uzbekistan, with
significant powers to implement international legal cooperation.
KEYWORDS
Republic of Uzbekistan, criminal proceedings, legal assistance.
INTRODUCTION
The Law of the Republic of Uzbekistan "On the
Prosecutor's Office" (new edition) for the first time
endowed the bodies of the Prosecutor's Office,
represented by the General Prosecutor's Office of the
Republic of Uzbekistan, with significant powers to
implement international legal cooperation.
The General Prosecutor's Office of the Republic of
Uzbekistan, within the limits of its powers, carries out
direct contacts with the relevant competent
authorities of foreign states and international
organizations in the field of criminal proceedings,
concludes agreements on legal assistance and
combating crime, participates in the development and
approval of draft international treaties.
Along with the Law on the Prosecutor's Office, the
main forms of international cooperation between the
Research Article
INTERNATIONAL LEGAL ASPECTS OF PROSECUTORS OFFICE OF THE
REPUBLIC OF UZBEKISTAN SUPERVISION OVER THE IMPLEMENTATION
OF LAW ON ASSISTANCE IN CORRUPTION MATTERS
Submission Date:
February 04, 2024,
Accepted Date:
February 09, 2024,
Published Date:
February 14, 2024
Crossref doi:
https://doi.org/10.37547/ijlc/Volume04Issue02-05
Valijonov Daler Dilshodovich
Acting Associate Professor of the Department of International Law and Human Rights, Doctor of Philosophy
(PhD) in Law, Tashkent State University of Law, Uzbekistan
Journal
Website:
https://theusajournals.
com/index.php/ijlc
Copyright:
Original
content from this work
may be used under the
terms of the creative
commons
attributes
4.0 licence.
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prosecution authorities are listed in international
agreements on cooperation in the field of criminal
proceedings, agreements of the General Prosecutor's
Office of the Republic of Uzbekistan with the
competent authorities of foreign states.
It can be stated that the General Prosecutor's Office of
the Republic of Uzbekistan actively participates in
cooperation with foreign states in the transfer of
criminal proceedings: every year we receive up to 100
foreign criminal cases with requests for criminal
prosecution of citizens of the Republic of Uzbekistan
for acts committed by them on the territory of these
countries, and about 50 We send cases abroad to bring
to justice foreign citizens who have committed crimes
on the territory of the Republic of Uzbekistan.
International cooperation in the field of combating
crime is one of the priority directions of the foreign
policy of states It should be noted that, in an effort to
ensure the safety of a person and a citizen on the
territory of their states from criminal encroachments,
as well as to protect state interests, most countries of
the world interact in the field of criminal justice on
based on international multilateral and bilateral
treaties and agreements, as well as the principle of
reciprocity.
Such interaction makes it possible to provide various
legal assistance in criminal cases, transfer criminal
proceedings, request extradition and extradite
persons for criminal prosecution or execution of a
sentence, as well as transfer persons suffering from
mental disorders for compulsory treatment.
For the purpose of cooperation in criminal matters,
states communicate with each other through their
competent authorities, which they determine
independently, based on their powers.
The identification of these bodies is of great
importance for the successful implementation of the
provisions of international treaties and national
legislation in the fight against crime, as well as the
protection of the rights of both the victim and the
accused (suspect).
In accordance with the provisions of the Criminal
Procedure Code of the Republic of Uzbekistan on the
procedure
for
interaction
between
courts,
prosecutors, investigators and bodies of inquiry with
the relevant competent authorities and officials of
foreign states and international organizations, the
functions of the prosecutor's office in matters of
providing legal assistance have significantly increased.
So, in accordance with Art. 458 of the Criminal
Procedure Code of the Republic of Uzbekistan, the
direction of criminal case materials for the
implementation of criminal prosecution in the event of
a crime committed on the territory of the Republic of
Uzbekistan by a foreign citizen who later found himself
outside its borders is carried out only through the
General Prosecutor's Office of the Republic of
Uzbekistan.
Accordingly, the request of the competent authority of
a foreign state for the implementation of criminal
prosecution against a citizen of the Republic of
Uzbekistan who has committed a crime on the territory
of this state is carried out through the General
Prosecutor's Office of the Republic of Uzbekistan.
In some cases, in order to implement an international
legal document, domestic legal acts may be adopted,
prescribing law enforcement agencies to execute it.
In a number of CIS countries (the Republic of
Kazakhstan, the Russian Federation, the Kyrgyz
Republic, the Republic of Tajikistan, Turkmenistan, the
Republic of Uzbekistan, the Republic of Azerbaijan),
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the powers to make decisions on extradition and to
send requests for extradition are vested in the
Prosecutor General's Offices of the states.
In some countries of the Commonwealth, two or more
authorities are designated as competent authorities
for extradition matters.
In the course of international cooperation in this area,
other problems arise. So, for example, when criminal
cases come from foreign states, difficulties arise in
calculating the timing of the investigation.
Since there are differences (sometimes significant) in
the national legislation of the parties, when sending a
criminal case, it is necessary to focus on the procedural
decision, which served as an analogue of the decision
to initiate a criminal case.
This allows you to determine the stage of criminal
proceedings in accordance with the legislation of the
Republic of Uzbekistan.
Often the suspect (accused) has dual citizenship.
However, according to the legislation of the Republic
of Uzbekistan, a petition for criminal prosecution
against a citizen of the Republic of Uzbekistan cannot
be sent to another state.
After the final decision on the criminal case is made, the
General Prosecutor's Office of the Republic of
Uzbekistan checks the legality of this decision
(including the verdict of the court), after which, in
accordance with the provisions of the international
treaty, the competent authority of the requesting
party is informed, at the same time a copy of the
procedural decision is sent.
In case of disagreement with the adopted decision, the
criminal case is sent for additional investigation or for
a new judicial review.
The current state of cooperation between the
competent authorities of foreign states in the field of
criminal prosecution testifies to mutual trust and the
desire to increase its effectiveness.
Issues related to the implementation of criminal
prosecution are relevant and are constantly discussed
during international events with the competent
authorities of foreign states.
Currently, the problem of international cooperation in
the field of combating crime is acquiring special
urgency.
This is due to the fact that crime is increasingly
becoming interstate in nature, in other words,
globalization is to the greatest extent realized
precisely in the criminal sphere of life of states.
This applies, first of all, to such dangerous phenomena
as terrorism, human trafficking, drug trafficking, but
also to more “everyday” crimes, the so
-called general
criminal orientation: murder, rape, bodily harm, etc.
In this regard, international cooperation between law
enforcement agencies of different states is becoming
increasingly important.
The goals of establishing such cooperation may be
several, as well as the tasks that law enforcement
agencies solve in the process of their implementation,
as well. The main goal of all states trying to fight crime
is to identify and punish criminals, wherever they are,
in their own country or abroad. In this regard, treaties
concluded between states in the field of combating
crime are of paramount importance.
Such treaties can be considered international treaties
in the form of conventions signed by most states, in
particular European ones, as well as bilateral treaties
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on the provision of legal assistance between the law
enforcement agencies of specific states.
Let’s consider the advantages and disadvantages of
both.
The extradition of persons to a foreign state for
criminal prosecution or execution of a sentence is one
of the most common examples of international legal
cooperation in the fight against crime and one of the
most controversial issues.
The problem of applying a preventive measure to
ensure the possibility of such extradition is directly
related to it. There are many contradictions and
inconsistencies in the application of preventive
measures and the extradition of criminals. There is no
single scheme in this matter.
Thus, the legal assistance provided in accordance with
international treaties in practice sometimes raises
many questions. In this regard, it becomes possible to
solve them with the help of intergovernmental
agreements on cooperation between law enforcement
agencies of various states in the fight against crime and
agreements on cooperation and legal assistance of an
interdepartmental nature.
Such agreements have been concluded by the law
enforcement agencies of the Republic of Uzbekistan
with many law enforcement agencies of other states.
However, not all of them work efficiently and quickly,
and many of them cease to operate without prior
notice.
The latter directly relates to the agreement between
the law enforcement agencies of the Republic of
Uzbekistan and the Ukrainian law enforcement
agencies; a similar agreement between the Republic of
Uzbekistan and Latvia does not work well enough.
Once again, we have to state that the political interests
of this or that state prevail over the realization of the
rights and legitimate interests of ordinary citizens,
even if they have committed crimes. By not returning
such persons to their country because of political
sympathies or antipathies, the leadership of these
states violates not only the rights of these persons,
even if they have committed a crime, but also the rights
of their relatives and friends, who are deprived of the
opportunity to find a relative or loved one.
There are two ways to get out of this situation. The first
suggests itself on the basis of the analysis of the
practical application of multilateral agreements in the
field of combating crime.
These agreements contain a large number of
discrepancies and contradictions, references to
national legislation, which has its own characteristics in
each country. It is impossible to bring the procedures
for the extradition and suppression of criminals in
different countries to uniformity. There remains a
second way - to work on bilateral agreements. But as
practice has shown, it does not always give a positive
result. In this regard, it is necessary to bring our
legislation in the field of international cooperation in
the field of combating crime to a more perfect form
and specificity in order to extradite both our and
foreign criminals with the least loss of time and effort.
In our opinion, all the activities of law enforcement
agencies to conclude both bilateral and multilateral
international treaties in the field of combating crime
should be accumulated in the prosecutor's office.
Summing up the above, it should be noted that in the
conditions of widespread international criminal activity
in order to increase the effectiveness of the fight
against it, the issue of adopting a law supplementing
the current Law of the Republic of Uzbekistan "On the
Prosecutor's Office" with a new section devoted to the
international interaction of prosecutors to ensure
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protection human and civil rights and freedoms, the
fight against crime, and other offenses.
The adoption of this law will increase the legal status
of the prosecutor's office of the Republic of
Uzbekistan in countering international crime and
strengthen measures to combat it on the part of our
state. In addition, in the field of the international fight
against crime, an essential part of which is the issue of
extradition of criminals and the suppression of crime,
considerable attention should be paid to bilateral
government agreements between states.
Analysis of the above legislative acts allows us to
conclude that the main forms of international
cooperation of the prosecutor's office of the Republic
of Uzbekistan in the field of criminal proceedings are:
1) protection of the rights and legitimate interests of
citizens in the course of international cooperation in
the field of criminal proceedings;
2) organizing and ensuring the proper execution of
requests for legal assistance in criminal cases coming
from abroad and sent to foreign states;
3) implementation of criminal prosecution of citizens
of the Republic of Uzbekistan who have committed
crimes on the territory of foreign states;
4) extradition of foreign citizens staying on the
territory of the Republic of Uzbekistan who have
committed crimes on the territory of foreign states;
5) participation in the development of international
multilateral and bilateral treaties and agreements on
the problems of combating crime and the provision of
legal assistance;
6) conclusion and direct implementation of
international treaties on mutual legal assistance in civil,
family, criminal cases;
7) advice on legal issues;
8) exchange of delegations of specialists for the
transfer of experience;
9)
holding
scientific
and
scientific-practical
conferences, seminars, meetings of the heads of the
prosecutor's offices on the fight against crime.
International cooperation of law enforcement
agencies of the Republic of Uzbekistan with foreign
states is one of the priority directions in the activities
of the General Prosecutor's Office of the Republic of
Uzbekistan. Modern crime has acquired qualitatively
new forms, its self-serving orientation has increased,
the number of crimes with international connections
has significantly increased, and an increasing number
of international criminal groups are found, whose
members are citizens of the Republic of Uzbekistan.
Thus, the trends of its development predetermine the
need to create new effective mechanisms for
international cooperation in the field of criminal
justice.
It is advisable to note that increasing the coordination
of law enforcement agencies in this area also requires
the implementation in practice of the principle of
ensuring the inevitability of punishment for a crime
committed. In this regard, it is currently relevant to
improve practical interaction in one of the most
important types of international cooperation in the
field of criminal justice - the implementation of criminal
prosecution, which contributes to the implementation
of the principle of inevitability of punishment for a
crime.
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Interaction with foreign partners on it is the exclusive
competence of the General Prosecutor's Office of the
Republic of Uzbekistan. Integration processes that are
actively developing in the modern world are gradually
bringing states closer together, making them more
open for international communication. In these
processes, along with obvious advantages, there is also
a downside - the intensive growth of transnational
crime. In this regard, cooperation between law
enforcement agencies of various states in the field of
combating crime is becoming more and more
important every year.
As already noted, one of the most important types of
international cooperation in this area is the
implementation of criminal prosecution, which
undoubtedly contributes to the implementation of the
principle of inevitability of punishment for a committed
crime. In accordance with the legislation of the
Republic of Uzbekistan, for a crime committed outside
the borders of the Republic of Uzbekistan, citizens of
the Republic of Uzbekistan and stateless persons
permanently residing in the Republic of Uzbekistan are
subject to criminal liability, if there is no foreign court
decision against them.
As we know, the Republic of Uzbekistan, in accordance
with its legislation and, first of all, with the Constitution
of the Republic of Uzbekistan, does not extradite its
own citizens upon extradition requests of foreign
states. At the same time, it undertakes to carry out
criminal prosecution on its territory against citizens of
the Republic of Uzbekistan for crimes committed on
the territory of other states. This approach is fully
consistent with the international principle of
"extradite or try".
The Republic of Uzbekistan participates in several
dozen international treaties that provide for the
possibility of criminal prosecution. They can be
conditionally divided into three large groups:
multilateral treaties on legal assistance in criminal
cases, multilateral treaties to combat certain types of
crimes, and bilateral treaties on extradition and legal
assistance in criminal cases.
Employees of the General Prosecutor's Office of the
Republic of Uzbekistan and its local bodies should
regularly analyze and generalize the practice and
effectiveness of international cooperation and make
proposals to the leadership of the General Prosecutor's
Office of the Republic of Uzbekistan on measures to
improve this activity. Prosecutors of the territorial level
of the Republic of Uzbekistan in solving practical issues
of cooperation and interaction with law enforcement
agencies
of
other
states
and
international
organizations should proceed from the fact that all
relations with law enforcement agencies of foreign
states must be carried out through the General
Prosecutor's Office of the Republic of Uzbekistan,
unless another procedure is directly established by
international treaties of the Republic Uzbekistan.
The participation of prosecutors and investigators in
international events should be coordinated with the
leadership of the General Prosecutor's Office of the
Republic of Uzbekistan and informed about the results
of their implementation.
The positive experience of international cooperation of
the prosecutor's office and its concrete results, the
effectiveness of interaction between law enforcement
agencies in this matter should be covered in the press
and other mass media. The objective processes of
globalization and international integration determine
not only the rapid development of innovative
technologies, the expansion of economic, scientific,
cultural and other ties in the world community, but are
also accompanied by the growth of organized
international crime in the sphere of illegal circulation of
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weapons, narcotic and psychotropic substances,
corruption, legalization proceeds of crime and human
trafficking.
That is why the interaction of the prosecution
authorities of the Republic of Uzbekistan and the
competent authorities of foreign countries in the field
of combating crime and criminal justice is becoming
the most popular and significant area of their activities.
It should be noted that the regulatory and legal basis
for international cooperation of prosecutors of the
Republic of Uzbekistan with the relevant competent
authorities and officials of foreign states, as well as
with international and interstate organizations in the
field of combating crime, strengthening the rule of law
and law and order are:
1) multilateral and bilateral treaties of the Republic of
Uzbekistan with foreign states;
2) the Constitution and national legislation;
3) organizational and administrative acts of the
Prosecutor General of the Republic of Uzbekistan
(orders, instructions).
Currently, the Republic of Uzbekistan is a party to more
than 300 multilateral and bilateral treaties on
international cooperation, which define the general
conditions and obligations of the parties in the fight
against crime, the procedure and forms of providing
legal assistance in all criminal cases or in cases of
terrorism, drug trafficking, human trafficking and
corruption, as well as the grounds and procedure for
extradition of persons for criminal prosecution and
execution of sentences.
If the Republic of Uzbekistan is simultaneously a
participant in multilateral and bilateral treaties, then in
the event of a discrepancy between the rules
established in them, the provisions of the multilateral
treaty take precedence over the procedures of the
bilateral treaty. The main directions of international
legal cooperation of the prosecution authorities of the
Republic of Uzbekistan include interaction with the
competent authorities of foreign states on issues of
extradition (extradition), direction (execution) of
orders for criminal prosecution.
Constructive interaction with the National Central
Bureau (NCB) of Interpol under the Ministry of Internal
Affairs of the Republic of Uzbekistan is of great
importance for tracing criminals and creating
conditions for their extradition.
CONCLUSION
The effectiveness of international cooperation in the
field of combating crime largely depends on the degree
of legal regulation and organizational elaboration of
the procedures for its implementation in each of the
states.
In the structure of the General Prosecutor's Office of
the Republic of Uzbekistan, issues of legal assistance in
criminal cases are within the competence of the
International Legal Department. In the staff of the
regional prosecutors there are positions of senior
assistant prosecutors for international legal affairs.
However, the degree of legal regulation of this
direction of the prosecutor's office at the legislative
level, in our opinion, needs more detail.
It is also the responsibility of the prosecutor to
maintain or refuse to maintain an application for the
court to authorize extradition arrest. Organizational
and procedural relations in the system of prosecutorial
bodies in the provision of legal assistance are currently
regulated at the level of departmental orders and
instructions.
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Summing up, we believe that in the Law of the Republic
of Uzbekistan "On the Prosecutor's Office" (new
edition) it is necessary to regulate in more detail the
organizational and procedural aspects of the
participation of the Prosecutor's Office and its officials
in the provision of international legal assistance in
criminal cases.
For this purpose, a special section could be
distinguished in the structure of the law. The legislative
level of regulation of such relations will be more
consistent with the essence of the rule of law.
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