Volume 03 Issue 08-2023
25
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
03
ISSUE
08
Pages:
25-29
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
ABSTRACT
This scientific article provides a systematic analysis of the international legal foundations of cooperation in the fight
against crime. In the article, the author tried to highlight the theoretical aspects of the issue of international
cooperation of law enforcement agencies in the system of combating crime. It also analyzes the content and essence
of the concepts of “international criminal group” and “international criminal community”, which are considered
relevant today. The author's comparative analysis on international conventions, declarations and legislation of foreign
countries reflected the specifics of this article. Moreover, the relevance of the research topic is because the
commission of such crimes is characterized by the use of modern technical means and high-tech facilities of air and
land transport, a high transcontinental level of organization and real support of many, including illegal, financial
sources. The predicted result of such activities was a significant increase in the number of serious crimes of a
transnational nature.
KEYWORDS
International standard, anticorruption policy, legal assistance, international organizations.
INTRODUCTION
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 to ensure the
safety of a person and a citizen from criminal
encroachments, as well as to protect state interests,
most countries of the world interact in the field of
criminal justice 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
Research Article
LEGAL ISSUES OF ANTICORRUPTION AUTHORITIES OF THE REPUBLIC OF
UZBEKISTAN OVER THE IMPLEMENTATION OF LEGISLATION ON LEGAL
ASSISTANCE
Submission Date:
August 06, 2023,
Accepted Date:
August 11, 2023,
Published Date:
August 16, 2023
Crossref doi:
https://doi.org/10.37547/ijlc/Volume03Issue08-06
Daler Valijonov
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.
Volume 03 Issue 08-2023
26
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
03
ISSUE
08
Pages:
25-29
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
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 [1].
For
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) [2].
In the course of international cooperation in this area,
other problems arise. Therefore, for example, when
criminal cases come from foreign states, difficulties
arise in calculating the timing of the investigation. It is
known that there are differences (sometimes
significant) in the national legislation of the parties.
Therefore, when a criminal case is sent, 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 under the legislation of the Republic of
Uzbekistan [3].
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) [4]. Then, following
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 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 [5]. This is because 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, 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.
There may be several goals of establishing such
cooperation, as well as the tasks that law enforcement
agencies solve in the process of their implementation,
as well [6]. 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.
Volume 03 Issue 08-2023
27
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
03
ISSUE
08
Pages:
25-29
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
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
on the provision of legal assistance between the law
enforcement agencies of specific states.
Let us 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 [7]. 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 under 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 [8]. 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 based on 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 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. Nevertheless, 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
to extradite both our and foreign criminals with the
least loss of time and effort.
Volume 03 Issue 08-2023
28
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
03
ISSUE
08
Pages:
25-29
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
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
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.
Also, 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.
Currently, the Republic of Uzbekistan is a party to more
than 300 multilateral and bilateral treaties on
international cooperation [9]. These treaties 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 cases
of terrorism, drug trafficking, human trafficking and
corruption, as well as the grounds and procedure for
the 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.
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Volume 03 Issue 08-2023
29
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
03
ISSUE
08
Pages:
25-29
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
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