Volume 04 Issue 01-2024
77
International Journal Of Law And Criminology
(ISSN
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2771-2214)
VOLUME
04
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01
Pages:
77-85
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1121105677
Publisher:
Oscar Publishing Services
Servi
ABSTRACT
In the world, the introduction of international legal standards into national legislation creates the nessesity to take a
fresh look at the issues of bringing laws into line with them. Bringing national legislation and relevant regulations into
line with international standards, in turn, requires improving legislation related to ensuring the activities of law
enforcement agencies, especially the rights and interests of persons who have committed crime. The Republic of
Uzbekistan, as a sovereign state, as a full member of the international community, fulfills the obligations provided for
by international law, in particular, we can achieve the preservation of international peace and security, respect for
human rights, etc. In this article, the author scientifically substantiated the organizational and legal aspects of the
implementation in the Republic of Uzbekistan of international acts regulating the activities of joint investigative
groups. Some thoughts and opinions have been put forward on the further development of this activity.
KEYWORDS
International, law, implementation, contract, bill, investigation, joint investigation, group, governmental div.
INTRODUCTION
These days, the provision of legal assistance in criminal
cases between countries is of great importance in the
fight against crime, prevention of crimes and the
imposition of a fair punishment for criminals within the
framework of international cooperation. Defenitely,
the cooperation in criminal cases is carried out directly
through contracts. According to I.I.Lukashuk,
contracts and agreements have already formed as a
necessary institution for human communication. With
their help, joint actions are coordinated and various
conflicts are resolved [1].
In addition, contracts regulate relations between
states. The more important issues are resolved in
contracts concluded between states, the more
Research Article
ORGANIZATIONAL AND LEGAL ASPECTS OF THE IMPLEMENTATION OF
INTERNATIONAL LAW NORMS INTO NATIONAL LEGISLATION
REGULATING THE ACTIVITIES OF JOINT INVESTIGATION TEAMS
Submission Date:
January 16, 2024,
Accepted Date:
January 21, 2024,
Published Date:
January 26, 2024
Crossref doi:
https://doi.org/10.37547/ijlc/Volume04Issue01-14
Egamberdiev Dilshod Alisherovich
Senior Lecturer Of The Department Of International Law And Human Rights Of 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.
Volume 04 Issue 01-2024
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International Journal Of Law And Criminology
(ISSN
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VOLUME
04
ISSUE
01
Pages:
77-85
SJIF
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OCLC
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Publisher:
Oscar Publishing Services
Servi
important it is. In accordance with Article 26 of the
Vienna Convention on the Law of Treaties [2] adopted
in 1969, it is no exaggeration to say that the fact that
every valid contract is binding on its participants and
must be performed by them in good faith reveals the
importance of contracts.
As a sovereign state, the Republic of Uzbekistan is a full
member of the international community. As a member
of the United Nations, the Republic of Uzbekistan
fulfills the obligations stipulated in the UN Charter, in
particular, maintaining international peace and
security, respecting human rights, etc. Besides that,
our country as a participant of international
organizations in various fields joins international
conventions, contracts and acts and fulfills the
obligations arising from them. In addition, the
supremacy of international legal rules was established
in the national Constitution and laws. In particular,
according to Article 15 of the Constitution of the
Republic of Uzbekistan, it was established that
“internation
al treaties of the Republic of Uzbekistan,
along with the generally recognized principles and
norms of international law, are a component of the
legal system of the Republic of Uzbekistan”[3]. We can
see a strictly defined rule in Article 3 of the Law “On
International Treaties of the Republic of Uzbekistan”
[4] adopted on February 6, 2019, “international
treaties of the Republic of Uzbekistan along with
generally recognized principles and norms of
international law are an integral part of the legal
system
of the Republic of Uzbekistan”. These days, the
Republic of Uzbekistan, in addition to conscientiously
fulfilling its international obligations, maintains friendly
relations between states and governments in various
fields. At the same time, it is a member of multilateral
and bilateral treaties regulating legal assistance in
criminal cases by the UN and regional organizations
regarding the fight against crime, their prevention and
the imposition of a fair punishment on the
perpetrators. In addition, our country does not limit
itself to membership of international agreements, but
implements the international standards defined in
them directly into the national legislation.
In particular, in the implementation of international
cooperation in criminal cases, we can witness that the
acts of international organizations, the model,
recommendatory acts developed by them show their
positive results in the issue of improving the
mechanism of international cooperation in criminal
cases. The Republic of Uzbekistan ratified the United
Nations Convention against Illicit Traffic in Narcotic
Drugs and Psychotropic Substances in 1995 and is a
member of the Convention. After ratifying this
convention, the Republic of Uzbekistan implemented
its provisions into the national legislation.
Chapter 19 of the Criminal Code of the Republic of
Uzbekistan is entitled “Crimes consisting of illegal
handling of narcotic drugs and psychotropic
substances”. It includes cultivation of prohibited crops
(Article 270 of the Criminal Code); illegal possession of
narcotic drugs or psychotropic substances (Article 271
of the Criminal Code); illegal preparation, acquisition,
storage, as well as illegal transfer of narcotic drugs or
psychotropic substances for the purpose of transfer
(Article 273 of the Criminal Code); attraction to
consumption of narcotic drugs or psychotropic
substances (Article 274 of the Criminal Code); violation
of the rules of production or use of narcotic drugs or
psychotropic substances (Article 275 of the Criminal
Code); criminal liability is established for illegal
preparation, possession, storage and other actions
without the purpose of transferring narcotic drugs or
psychotropic substances (Article 276 of the Criminal
Code). In addition, the adoption of the Law of the
Republ
ic of Uzbekistan “On Narcotic Drugs and
Psychotropic Substances” [5] adopted on August 19,
1999, indicates the implementation of the provisions of
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United Nations Convention against Illicit Traffic in
Narcotic Drugs and Psychotropic Substances into
national legislation.
According to Article 2 of the Law “On Narcotic Drugs
and Psychotropic Substances”: "If the international
treaties of the Republic of Uzbekistan stipulates
different rules than those stipulated in the legislation
of the Republic of Uzbekistan on narcotic drugs,
psychotropic substances and precursors, the rules of
the international treaties shall be applied”.
In addition, the issue related to the application of the
provisions of the international treaties related to
narcotic drugs and psychotropic substances was
observed in Decision No. 12, on April 28, 2017, adopted
by the Plenum of the Supreme Court of the Republic of
Uzbekistan, , “On judicial practice in criminal cases
related to illegal dealing with narcotic drugs, their
analogues
and
psych
otropic
substances”.
In
accordance with to part 2 [6] of the Decision, “... it is
necessary to observe UN Convention on the
Suppression of Illicit Traffic in Narcotic Drugs and
Psychotropic Substances (December 20, 1988, Vienna),
the international treaties of the Republic in this
sphere”, this context indicates that the convention has
been implemented into the national legal system.
Article 42 of the Law “On Narcotic Drugs and
Psychotropic Substances” has established a number of
powers for investigative bodies, in particular for
officials of the prosecutor’s office, internal affairs,
State Security Service and customs authorities.
According to part 2 of the Article, “Prior to the
investigation,
officials
of
the
investigation,
interrogation or prosecution bodies may enter and
inspect any place where activities related to the
circulation of narcotic drugs, psychotropic substances
and precursors are carried out”. This, in turn, the
authority is based on the activity of law enforcement
agencies in the fight against crime. It is precisely in the
fight against drug addiction that the mechanism of
implementation of international cooperation is not
determined by law. This indicates that international
cooperation in the fight against crime is conducted
directly on the basis of criminal procedural rules.
In addition, the UN Convention “Against Transnational
Organized Crime” was ratified in the Republic of
Uzbekistan by Resolution No. 536-II of the Oliy Majlis,
adopted August 30, 2003, and entered into force on
January 8, 2004 [7]. The Convention raised the
international legal regulation of the Joint Investigation
Institute to a higher level. “Joint investigation” was
clearly defined for the first time as an independent
separate article at the level of universal international
treaty. These days, 17 types of transnational crimes are
directly listed by the UN. They include crimes such as
terrorism; theft of cultural monuments and works of
art; theft of intellectual property rights; illegal trade
firearms; hijacking aircraft; sea piracy; seizure of
surface vehicles; insured fraud; computer crime; crimes
in the field of ecology; human trafficking; illegal sale of
human div parts; illegal trade in narcotics and
psychotropic substances; fake bankruptcy; illegal
invasion of commerce; corruption, bribery of political
party
representatives
and
officials;
“money
laundering” obtained through criminal means [8].
The Republic of Uzbekistan having ratified the UN
Convention against Transnational Organized Crime,
the provisions of the convention were implemented
into the national legislation. In particular, Article 155 of
the Criminal Code of the Republic of Uzbekistan, the
Law of the Republic of Uzbekistan “On Combating
Terrorism”, December 15, 2000, the Law “On the Fight
against the Legalization of the Profits of Criminal
Activities, the Financing of Terrorism and the Financing
of the Proliferation of Weapons of Mass Destruction”,
August 26, 2004, the Law “On Amendments and
Volume 04 Issue 01-2024
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Additions to Legislative Acts of the Republic of
Uzbekistan in Connection with the Improvement of
Legislative Acts Fighting Against the Legalization of
the Profits of Criminal Activities, the Financing of
Terrorism”, September 22, 2009, and other legal acts
of are the legal basis for regulating this type of
relations.
In accordance with Article 8 of the Law “On Combating
Terrorism”, authorized state bodies for combating
terrorism were listed. Article 9 of this Law specifies the
powers of the State Security Service in the field of
combating terrorism. According to it, we can see that
this state div has the authority to cooperate with
relevant bodies of foreign countries and international
organizations in the field of combating international
terrorism.
According to Article 9 of the Law “On the Fight Against
the Legalization of the Profits of Criminal Activities, the
Financing of Terrorism and the Financing of the
Proliferation of Weapons of Mass Destruction” (the
title of the law was amended in 2019), the powers of
the special div were enumerated. Among these
powers, the special authorized div shall cooperate
with the competent authorities of foreign countries,
international specialized organizations and other
organizations in the field of combating the legalization
of profits from criminal activities, the financing of
terrorism, and the financing of the distribution of
weapons of mass destruction, with international and
regional organizations, with the relevant competent
authorities of foreign countries. The special authorized
div shall conclude agreements and cooperate
according to the international agreements of the
Republic of Uzbekistan or with the competent
authorities of foreign countries and international
organizations on the basis of the principle of
reciprocity. In addition, we can see that powers are
defined, such as the implementation of information
sharing. In a general sense, the powers specified in
these laws show that it is possible to implement legal
assistance in the fight against terrorism in state bodies,
which indicates the implementation of international
documents in the fight against crime.
In addition, human trafficking is sanctioned in Article
135 of the Criminal Code of the Republic of Uzbekistan,
the Law of the Republic of Uzbekistan “On Combating
Human Trafficking” adopted in a new version on
August 17, 2020 [9], in addition the National Plan for
2008-2010 was developed with the Resolution of the
President of the Republic of Uzbekistan, on July 8,
2008, titled “On measures to increase the
effectiveness of the fight against human trafficking”.
With this law, the system of combating human
trafficking in our republic, the competent state bodies
and their tasks, as well as the legal basis for social,
medical and psychological rehabilitation of victims of
human trafficking have been strengthened. Crimes
related to banking and financial crimes have also been
strengthened in several articles of the Criminal Code of
the Republic of Uzbekistan.
Human trafficking is a highly sophisticated and
evolving crime today. Defenitely, in the fight against
this crime, countries have been implementing
international
cooperation
with
international
organizations or through the authorized bodies of the
countries. The Law “On Combating Human Trafficking”
also provides a number of powers to cooperate with
state bodies in combating this crime. In contrast to the
above-mentioned laws, in this law we can also see the
powers of state bodies to implement international
cooperation. In particular, Article 11 of the Law lists the
powers of the Ministry of Internal Affairs of the
Republic of Uzbekistan to combat human trafficking,
according to which the Ministry “cooperates with
international organizations and law enforcement
bodies of other countries in order to put an end to the
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activities of organized groups or persons engaged in
human trafficking. According to Article 12 of the law,
the powers of the General Prosecutor’s Office of the
Republic of Uzbekistan “coordinates the activities of
bodies that carry out investigations, prosecution and
preliminary investigations in the field of combating
human trafficking”. In addition, Article 13 states the
powers of the State Security Service of the Republic of
Uzbekistan, to “State Security Service conducts pre
-
investigation and preliminary investigation of criminal
cases related to human trafficking committed by
international terrorist organizations and organized
criminal groups”.
In addition to the UN Convention against Transnational
Organized Crime, another universal international legal
source for the establishment of joint investigative
groups as international legal assistance in criminal
cases is the UN Convention against Corruption. This
convention was adopted on October 31, 2003, by UN
General Assembly Resolution No. 58/4. The Republic of
Uzbekistan ratified the UN Convention against
Corruption on August 28, 2008 [10]. The ratification of
the UN Convention against Corruption is directly
related to the crimes of corruption that exist in the
criminal law (such as Criminal Code of the Republic of
Uzbekistan, Article 210
–
taking a bribe, Article 211
–
giving a bribe, Article 212
–
iIntermediary in accepting
and giving a bribe, Article 213
–
extorting an employee
of a state div, an organization with state
participation, or a citizen self-government div for a
bribe, Article 214
–
on the fight against and prevention
of illegal acquisition of material values or property
interest by an employee of a state div, an
organization with state participation, or a citizen self-
government div), it can be said that it caused further
development of measures.
In addition, the Law of the Republic of Uzbekistan “On
Combating Corruption”, adopted on January 3, 2017,
which lays the foundation for the effective
implementation of reforms in the Republic of
Uzbekistan and reflects the mechanisms of combating
corruption. The law consists of 34 articles and
regulates relations in the sphere of combating
corruption. The law includes the concepts of
“corruption”, “corruption
-
related offense” and
“conflict of interest”, which are new to our national
legislation. According to it, corruption is the unlawful
use of one’s position or official position for personal
interests or the interests of other persons for the
purpose of obtaining material or immaterial benefits,
as well as unlawful presentation of such a position. As
the main directions of the state policy in the field of
combating corruption are as follows: raising the legal
consciousness and legal culture of the population,
forming an intolerant attitude towards corruption in
the society, implementing measures to prevent
corruption in all spheres of state and public life,
identifying corruption-related offenses in a timely
manner, and putting an end to the issues, eliminating
their consequences, the causes and conditions,
ensuring the principle of inevitability of responsibility
for committing corruption offenses.
According to Article 7 of the Law “On Combating
Corruption”, governmental bodies carrying out
activities on combating corruption have been
determined. The identification of investigative bodies
among these bodies is of great importance in the fight
against the crime. Articles 9-11 and 13 of the Law
establish the authority of the General Prosecutor’s
Office of the Republic of Uzbekistan, the State Security
Service, the Ministry of Internal Affairs, and the
Department of Combating Economic Crimes under the
General Prosecutor’s Office to implement international
cooperation in the field of combating corruption.
In the Oliy Majlis of the Republic of Uzbekistan on
January 24, 2020, the President of the Republic of
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Uzbekistan Sh.M. Mirziyoyev noted “the evil of
corruption in our society is hindering our development
in its various forms. If we do not prevent this evil
scourge, it will not be possible to create a real business
and investment environment, and in general, not a
single branch of society will develop” [11]. Based on the
Decree No. PF
–
6013 of the President of the Republic of
Uzbekistan, adopted on June 29, 2020, “On additional
measures to improve the system of combating
corruption in the Republic of Uzbekis
tan” [12] the Anti
-
Corruption Agency was established in order to
formulate and implement the state policy in the field of
combating corruption, as well as to eliminate the
systemic causes and conditions of corruption-related
offenses and to increase the effectiveness of anti-
corruption measures.
The Agency was assigned with the following tasks:
ensuring the implementation of works and developing
recommendations of the Istanbul action program of
the Eastern European and Central Asian countries of
the Organization for Economic Cooperation and
Development to fight against corruption, taking
measures related to the implementation of the
provisions of the UN Convention against Corruption
and other international treaties of the Republic of
Uzbekistan in the field of fighting corruption, fulfilling
the tasks and powers of the national coordinator of the
Republic of Uzbekistan on the implementation of
activities and coordination of activities in this direction,
as well as organizing the creation of a national index
assessing the level of corruption in regions, economic
sectors and other sectors together with civil society
institutions.
We considered that the criminal acts prohibited by the
universal conventions analyzed above are also
reflected in the national legislation of the Republic of
Uzbekistan. We have seen that, in addition to the
criminal actions specified in the conventions, the
conventions also set out rules related to conducting
joint investigations as a type of legal assistance in
criminal cases. The Republic of Uzbekistan has ratified
international conventions on combating transnational
crimes and implemented them into national legislation,
adopted laws on combating transnational crimes. In
the adopted laws, the competent governmental
bodies that directly fight against crime have been
determined in a general manner to implement
international cooperation. However, the mechanism of
international cooperation was not disclosed in detail.
We can see that no authority has been given the
authority to carry out the investigation, which is
specified in the conventions in the fight against this
type of crime. Laws adopted in a general sense indicate
that cooperation between states in the fight against
transnational crime can be based on the principle of
reciprocity. However, the reflection of cooperation
related to the creation of joint investigation groups in
legal assistance in the national legislation will
significantly expand the boundaries of cooperation of
these countries in the fight against crime, and will also
make this process much easier.
According to the laws analyzed above, international
cooperation is not provided directly to all law
enforcement agencies. For instance, the law “On
Narcotic Drugs and Psychotropic Substances”
empowers law enforcement agencies to conduct
investigations at the national level. International
cooperation in the fight against terrorism is a mandate
given to the State Security Service by the Law “On
Combating Terrorism”. According to the law “On the
Fight against the Legalization of the Profits of Criminal
Activities, the Financing of Terrorism and the Financing
of the Proliferation of Weapons of Mass Destruction”,
the authority to combat this crime is assigned to a
special authorized div. The Ministry of Internal
Affairs of the Republic of Uzbekistan is entrusted with
the implementation of international cooperation
Volume 04 Issue 01-2024
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International Journal Of Law And Criminology
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Pages:
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SJIF
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Publisher:
Oscar Publishing Services
Servi
according to the Law “On Combating Human
Trafficking”. According to the Law “On Combating
Corruption”, international cooperation in combating
this crime is a mandate assigned to all law enforcement
agencies. Based on this, we should note that
international cooperation in the fight against every
crime is not presented equally to all law enforcement
agencies. In modern world, in the era of digital
transformation, the digitization of all spheres of
society and human activity, especially during the
pandemic, the acceleration of this process and the fact
that information technologies have become a “driver”
of economic growth, has not bypassed the
international cooperation system in the criminal justice
system. The crisis caused by the COVID-19 pandemic
required the more active development of industries
based on digital technologies and innovative solutions
and the adoption of national and international
regulations on their use. During this period, terms such
as “e
-
justice”, “cyber
-
justice”, “distance justice”,
“digital justice”, “video conferencing”, “interviewing
witnesses and suspects online” began to appear in the
international arena.
Therefore, today in the Republic of Uzbekistan, the
General Prosecutor’s Office, the Ministry of Internal
Affairs and the bodies of the State Security Service
have created a unified information exchange platform
for the purpose of integration of international
cooperation in the implementation of legal assistance
in criminal cases. We believe that it serves to prevent
time-related shortcomings in the implementation of
international
cooperation,
attempts
to
keep
information related to the situation secret in state
bodies, problems related to the execution of tasks
received under cooperation, problems related to the
formation of joint investigative groups.
By offering a new method of international cooperation
in the implementation of legal assistance in criminal
cases through the creation of the above-mentioned
single information exchange platform, it is possible to
create a new practice. In addition, the electronicization
of the procedures enables the creation of an
intellectual system through analysis leading to the
implementation of international cooperation, carrying
out legal research in the field, eliminating existing
shortcomings in practice. This, in turn, will create a
single information base for law enforcement bodies
through digitalization, put an end to censorship in the
implementation of interactive services in the activities
of state bodies in the implementation of mutual
cooperation, and also show its favorable and positive
aspects in the conscientious fulfillment of the duties
established in cooperation.
The types of legal assistance in criminal cases and the
procedure for their implementation are directly
developed in UN conventions as a sub-rule or in the
form of a model contract. This, in turn, indicates that a
set of administrative rules for the implementation of
legal assistance has not been developed. There is no
practical acts developed by the UN regarding the issue
of the joint investigation specified in the above-
mentioned conventions, for this purpose it is
considered appropriate to develop a concrete example
of agreements between the states on the
establishment of joint investigation groups. It serves as
a comprehensive program in the process of concluding
a mutual agreement between countries that
implement legal assistance through an investigative
group through a model agreement.
This type of legal assistance in criminal cases is also
regulated by universal agreements in regional
organizations. But within the framework of the CIS, on
October 16, 2015, the agreement “On the
Establishment of Joint Operational and Investigative
Groups in the Territories of the CIS and the Procedure
for their Operation” was developed, which may be the
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answer to any questions that may arise regarding the
implementation of this type of legal assistance in the
CIS countries. Currently, the CIS member states of the
Russian Federation, the Republic of Tajikistan, the
Republic of Kazakhstan, the Republic of Kyrgyzstan
and the Republic of Armenia have signed this
agreement and are full participants of the agreement.
The Republic of Uzbekistan is not considered a
member of this agreement, and we believe that by
ratifying this agreement, our country, in its turn, will
give good results in the implementation of legal
assistance related to joint investigation and emergency
groups. However, we can find it in some bilateral
agreements of the Republic of Uzbekistan on the
establishment of joint investigation and emergency
groups. For instance, the agreement “On Legal
Assistance and Cooperation” signed between the
General Prosecutor’s O
ffice of the Republic of
Uzbekistan and the General Prosecutor’s Office of the
Kyrgyz Republic in 2006 [13]. According to section 1 of
Article 9, “The question of the investigation of crimes
committed on the territory of several countries, as well
as the control over the investigation of these cases,
shall be resolved by agreement of the heads of the
Parties”. We can also witness that according to part 2
of this article, it is emphasized that it is possible to
create joint investigative groups directly between
countries. In our opinion, the existence of this bilateral
agreement shows that the implementation of
international legal acts ratified by the Republic of
Uzbekistan [14].
On October 16, 2015, the ratification by the Republic of
Uzbekistan of the agree
ment “On the Establishment of
Joint Investigative Groups in the Territories of the CIS
and the Procedure For their Operation” serves to form
a unanimous opinion on joint investigative groups
among law enforcement bodies.
In addition, the ratification of the above agreement by
the Republic of Uzbekistan will help to effectively
develop cooperation in the field of establishing and
operating joint investigative groups with the CIS
member states, as well as in the implementation of this
legal assistance between the CIS countries on the basis
of mutual agreements, in the search for persons who
have committed a crime, and the reliability of evidence.
In addition, it helps in the implementation of
procedural actions such as the formation of
investigative groups and the use of video
communication.
Since the activity of the joint investigation and
operative groups defined in Article 63 of the Chisinau
Convention, adopted in 2002, is very narrow and short,
and it is considered to be a summary of the general
rules for this type of legal assistance. However, the
most important issues, such as how to implement this
legal assistance, the concept of joint investigation
groups, their activities, operative procedure, the
procedure for concluding bilateral and multilateral
agreements on the implementation of this legal
assistance, are defined directly in the agreement
adopted in 2015. Therefore, the ratification of this
agreement, firstly, implies the full implementation of
the legal relations defined in the Chisinau Convention,
and secondly, it facilitates its implementation into
national legislation through a full study of the issues
that have arisen in the implementation of this legal
assistance.
In addition, through the ratification of the agreement,
it will be possible to find a solution to a number of
problems, this will impulse to improve the mechanism
of international cooperation in criminal cases (the
mechanism of creating joint investigative groups) and
mutual coordination of national and international legal
rules, and the Republic of Uzbekistan will have the
Volume 04 Issue 01-2024
85
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
04
ISSUE
01
Pages:
77-85
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
opportunity to properly fulfill its international
obligations in this sphere.
In conclusion, we should note that the implementation
of the provisions stipulated in the universal
agreements by the states into their national legislation
and the observance of these provisions directly
achieve good results in the fight against crime and its
prevention. Defenitly, it is noteworthy that these
universal international acts set rules that can be
fulfilled and are appropriate for all countries in a
general sense. In addition, it is worth noting that the
implementation of the provisions stipulated in the
conventions and agreements directly results from the
international legal obligation of the states.
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