Volume 03 Issue 11-2023
29
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
03
ISSUE
11
Pages:
29-33
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
ABSTRACT
The article discusses the current problems of legal regulation of the grounds for conducting operational-search
measures. The author proposes to make amendments and additions to article 15 of the
Law “Of the operational
-search
activity” related to the basics of conducting operational
-search activities.
KEYWORDS
Operational search measures, grounds for conducting, reasons, foundations, legal reasons, intelligence search.
INTRODUCTION
The absence of loopholes in laws is of particular
importance in the further development of law
enforcement practice in our country. Judging from the
opinion of the President of the Republic of Uzbekistan,
Shavkat Mirziyoyev, "...when talking about the
completeness, vitality and direct implementation
mechanisms of the laws, it is necessary to emphasize
that we still need to do a lot of work in this regard"
there are certain loopholes in the laws, which can
negatively affect the further development of our
country. Therefore, a number of laws are being
adopted to fill the gaps in the legislation and further
improve each area.
We can include the Law of the Republic of Uzbekistan
"On Quick Search Activity" among these. This
document was adopted for the purpose of legal
regulation of the field of search activity, ensuring the
rights and freedoms of citizens in conducting search
activities, and creating real legal guarantees of
compliance with legality. This law not only serves as a
legal guarantee for the implementation of appropriate
measures in solving the issues of rapid search activity,
but also shows that this activity is of great importance
in the prevention, detection and detection of crimes.
In Article 3 of the law, search operation is defined as
the activity carried out by the operation units of the
state bodies specially authorized by the law by
Research Article
SOME ISSUES OF LEGAL REGULATION OF OPERATIONAL-SEARCH
ACTIVITIES
Submission Date:
November 01, 2023,
Accepted Date:
November 05, 2023,
Published Date:
November 10, 2023
Crossref doi:
https://doi.org/10.37547/ijlc/Volume03Issue11-05
Khojiev Nabullo Mirtemirovich
Mia Academy Of Criminal Law Senior Teacher Of The Department, 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 03 Issue 11-2023
30
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
03
ISSUE
11
Pages:
29-33
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
conducting search operations. Also, scientists B.E.
Zakirov and V.G. Karimov have expressed the opinion
that "the Institute of rapid-search activities is
considered the mechanism of implementation of the
rapid-search legislation and forms the core, that is, the
main part of the law"2. The definition given in the law
and the analysis of the opinions of scientists allow us
to draw a conclusion that search activity can be carried
out only through search activities. As can be seen from
the above, conducting rapid search activities is the
main component of rapid search activities.
Although conducting rapid search activities is of special
importance in the activity of rapid search, the current
procedure for conducting rapid search activities does
not allow to fully fulfill the tasks specified in the law.
The law has the following problems with the
implementation of rapid search activities.
First of all, Article 15 of the law is entitled "Grounds for
conducting urgent search activities", in which
"reasons" are also given as "grounds" for conducting
urgent search activities.
Secondly, the grounds for carrying out rapid-search
activities defined in this article somewhat limit the
possibility of performing tasks such as crime detection
in rapid-search practice.
We will see below that in Article 15 of the Law, the
"reasons" are given as "grounds" for carrying out rapid
search activities. The grounds for carrying out quick-
search activities listed in the first part of this article
include seven cases, namely 1) the presence of a
criminal case; 2) written assignment of inquiry,
investigative bodies, instruction and assignment of the
prosecutor; 3) if there are no sufficient grounds for
initiating a criminal case, the information that has
become clear to the bodies carrying out rapid-search
activities about the signs of preparation and
commission of crimes, as well as the persons involved
(related) in the preparation or commission of crimes;
4) availability of information about persons, events,
actions (inaction) that threaten the security of a
person, society and the state; 5) information about
persons who are hiding from investigative bodies and
courts, who are evading criminal punishment, missing
persons and other persons in the cases provided for by
law, as well as about unrecognizable corpses that have
become known to the bodies that carry out rapid-
search activities; 6) questionnaires received on the
basis of international agreements of the Republic of
Uzbekistan on cooperation in the field of fighting crime
and providing legal assistance; 7) covered the
questionnaires of other bodies that carry out rapid-
search activities.
These "grounds" are divided into two types, such as
actual (true) grounds and legal (official) reasons in the
theory of investigative activity3. Current (genuine)
grounds mean that there is information about a
criminal incident that requires the conduct of rapid-
search activities. Legal (official) grounds mean official
documents about criminal incidents.
At the same time, in order to better understand the
difference between "reasons" and "grounds", we
should refer to the criminal process. In the criminal
procedure (Article 322 of the Criminal Procedure Code)
the difference between "reasons" and "grounds" is
indicated, according to which the following are
required to initiate a criminal case: 1) applications of
individuals; 2) messages of enterprises, institutions,
organizations, public associations and officials; 3)
messages given by mass media; 4) direct identification
of information and traces indicating the commission of
a crime by the investigator, investigator, prosecutor, as
well as the pre-investigation div; 5) it is established
that a confession of guilt is a reason, and information
Volume 03 Issue 11-2023
31
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
03
ISSUE
11
Pages:
29-33
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
indicating the presence of signs of a crime is a basis for
initiating a criminal case.
Based on the above, we should divide the reasons for
conducting the search operations mentioned in the
first part of Article 15 of the law into two groups, such
as "reasons" and "grounds", and include the word
"reasons" in the name of this article. The first group
includes the officially defined reasons, i.e., the grounds
specified in clauses 1-2, 4-7 of the first part of Article 15
of the law, and the second group includes the real
grounds, i.e., the most common grounds for
conducting rapid-search activities - "if the initiation of
a criminal case if there are no sufficient grounds, the
information about the signs of preparation and
commission of crimes, as well as the persons involved
in the preparation or commission of crimes"4 should
be included in the bodies carrying out operational
search activities. Analysis of this "base" allows us to
draw the following conclusion. In order for emergency
personnel to have the right to conduct an emergency
search,
they
must
first
receive
information
(information) about illegal behavior.
Obtaining information can be direct (for example, an
operative receives information during face-to-face
communication with a person) and indirect (for
example, written applications, messages received by
mail, etc.). The information constituting the content of
the considered basis can be in a procedural form (for
example, a criminal complaint, an interrogation report,
etc.) or in a non-procedural form (for example,
messages received by fast means).
However, a natural question arises at this point, what
should be done if there are no applications, messages
and other information of the victims about planned,
prepared and committed crimes, i.e., there are no legal
grounds? In such cases, from the point of view of
legality, the operative does not undertake the duties of
detection and (or) prevention of crimes. He also does
not have the right to conduct search operations. If
there are criminal activities, you can object that there
will be information about them. Unfortunately, this is
not always the case. There is a category of latent
crimes that are described in detail in the criminological
literature, are not officially taken into account for
certain reasons, are hidden from the competent state
authorities5.
This feature is especially characteristic of corruption
and economic crimes, such as taking and giving bribes.
These crimes are characterized by secrecy. The parties
have an interest in the final results of illegal acts and
their secrecy. The absence of a request for a bribe or a
report (information) about illegal actions means that
there is no possibility of the emergence of fast-search
legal relations and the implementation of fast-search
activities. Because operatives do not have the basis to
conduct rapid search activities.
In particular, we can see that the principles of
conducting rapid-search activities defined in Article 15
of the Law limit the possibility of performing tasks such
as detecting crimes in the practice of rapid-search,
when the norms of the existing legislation cause a
decrease in the intelligence-search nature of rapid-
search activities. This item:
1) it cannot be a basis for conducting intelligence-
search activities in order to identify the signs of a crime;
2) does not allow to obtain information about crimes
being prepared;
3) does not create conditions for conducting rapid
search activities for preventive purposes.
We need to have an idea about this activity in order to
connect the considered bases with the essence of the
intelligence search activity. This feature is especially
Volume 03 Issue 11-2023
32
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
03
ISSUE
11
Pages:
29-33
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
characteristic of corruption and economic crimes, such
as taking and giving bribes. These crimes are
characterized by secrecy. The parties have an interest
in the final results of illegal acts and their secrecy. The
absence of a request for a bribe or a report
(information) about illegal actions means that there is
no possibility of the emergence of fast-search legal
relations and the implementation of fast-search
activities. Because operatives do not have the basis to
conduct rapid search activities.
In particular, we can see that the principles of
conducting rapid-search activities defined in Article 15
of the Law limit the possibility of performing tasks such
as detecting crimes in the practice of rapid-search,
when the norms of the existing legislation cause a
decrease in the intelligence-search nature of rapid-
search activities. This item:
1)
it cannot be a basis for conducting intelligence-
search activities in order to identify the signs of a
crime;
2)
does not allow to obtain information about crimes
being prepared;
3)
does not create conditions for conducting rapid
search activities for preventive purposes.
We need to have an idea about this activity in order to
connect the considered bases with the essence of the
intelligence search activity. Tasks of rapid search
activities are carried out through rapid search
activities. Depending on the time of their
development, type and goal orientation, rapid-
research activities constitute stages of the rapid-
research process. In the theory of rapid search activity,
sequential steps such as rapid search, rapid inspection,
and rapid processing are distinguished6.
The basis of the considered operational search
activities has a direct impact on the initial stage of the
operational search process. The reason for this is that
a specific feature of quick search is that a limited
number of objects of quick search activities are in
contact with known facts and persons. Its main task is
to identify unknown crimes and their perpetrators. A
quick search can be described as "reconnaissance"
conducted in a crime scene or crime-prone facility.
Quick search is often associated with knowledge of
quick-search features and criminological signs of
certain types of latent crimes. All this makes a logical
assumption about the possibility of forming and
implementing criminal plans in certain categories of
individuals. Determining information of urgent
importance in the process of rapid search allows
determining
the
optimal
measures
for
the
performance of tasks related to the prevention,
elimination or detection of crimes.
Thus, fast search ensures that not only one of the tasks
of fast-search activity is performed, but also all of
them. Since the lack of official operational information,
which is the basis for conducting rapid-search
activities, does not allow the authorities implementing
rapid-search activities to go to the first stage of the
rapid-search process aimed at identifying information
about illegal actions, it will not be possible to perform
other tasks later.
In this regard, we believe that it is necessary to make
changes and additions to Article 15 of the Law "On
Rapid Search Activities" in order to ensure the
effectiveness of the rapid search stage for the timely
detection of hidden crimes and the exposure of the
persons who committed them:
-
naming this article as "reasons and grounds for
transfer of urgent search measures";
-
specify "reasons" and "grounds" separately in the
text of the article;
Volume 03 Issue 11-2023
33
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
03
ISSUE
11
Pages:
29-33
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
-
introduction of the clause "the need to identify
hidden (latent) crimes that are being planned,
prepared and committed" as a basis for the first
part of the article.
The expression of these proposals in the current
legislation serves to ensure the priority principle of
human rights, freedoms and legal interests. Creates an
effective mechanism for solving the problems of
criminal investigation in the legal field and finds
solutions to the further tasks of this activity. At the
same time, it causes the legal gap in the legislation to
be filled.
REFERENCES
1.
1
Қ
онун
устуворлиги
ва
инсон
манфаатларини
таъминлаш
—
юрт
тара
ққ
иёти
ва
хал
қ
фаровонлигининг
гарови
.
Ўзбекистон
Республикаси
Президенти
Шавкат
Мирзиёевнинг
Ўзбекистон
Республикаси
Конституцияси
қ
абул
қ
илинганлигининг
24
йиллигига ба
ғ
ишланган
тантанали
маросимдаги
маърузаси
//
Хал
қ
сўзи
.
—
2016.
—
8
дек
.
2.
2Закиров Б.Э., Каримов В.Г. «Тезкор
-
қ
идирув
фаолияти
тў
ғ
рисида»ги
қ
онунда
инсон
ҳ
у
қ
у
қ
ва
эркинликларини
таъминлаш
//
Ўзбекистон
Республикаси
ИИВ
Академиясининг
ахборотномаси. —
2013.
—
№ 1.
-
Б. 25.
3.
3
Ҳ
амдамов
А
.
А
.,
Саитбаев
Т
.
Р
.
ва
бош
қ
.
Ўзбекистон
Республикасининг
«Тезкор
-
қ
идирув
фаолияти
тў
ғ
рисида»ги
қ
онунига
шар
ҳ
.
—
Т
.,
2015.
—
Б
. 101.
4.
4Ўзбекистон Республикасининг «Тезкор
-
қ
идирув
фаолияти
тў
ғ
рисида»ги
2012 йил 25 декабрдаги
қ
онунининг
15-
моддаси
биринчи
қ
исми
3-
бандида
келтирилган
.
5.
5Криминология. Умумий
қ
исм
:
ИИВ
Олий
таълим
муассасалари
учун
дарслик
/
И
.
Исмоилов
,
Қ
.
Р
.
Абдурасулова
,
И
.
Й
.
Фазилов
.
—
Т
., 2015.
—
Б
.64
—
65.
6.
6Оперативно
-
рознскная деятельность.
2-
е изд.,
доп. и перераб. / Под ред. К.К.Горяинова,
В.С.Овчинского, Г.К.Синилова, А.Ю.Шумилова.
—
М.: ИНФРА
-
М, 2004. —
С. 408—
435.
