Volume 03 Issue 07-2023
9
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
03
ISSUE
07
Pages:
09-12
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 concept of the investigative act of presenting for recognition and its place in the system of
other investigative acts, and analyzes the foreign experience and the opinions of legal scholars in this regard.
KEYWORDS
Recognition, investigation, investigative act, show for recognition, investigator.
INTRODUCTION
One of the main reforms in the judicial system
implemented in our country is the improvement of the
Criminal Procedure Code of the Republic of Uzbekistan
(hereinafter referred to as the Criminal Procedure
Code) and legislation related to this field based on the
requirements of the times. Ensuring legality and law
and order, reliable protection of human rights and
freedoms, interests of society and the state, peace and
security through the creation of an effective system of
criminal-procedural legislation are the priorities of
reforms in this area.
In particular, the decision of the President of the
Republic of Uzbekistan dated May 14, 2018 "On
measures to fundamentally improve the system of
criminal and criminal procedural legislation" No. 3723 .
In connection with the adoption of measures, the
adoption and entry into force of the Law LRU-470 " On
Amendments and Additions to Certain Legislations of
the Republic of Uzbekistan" was one of the most
important steps in the improvement of criminal
procedural legislation, and these reforms are still
systematically ongoing .
It should be noted that in the fundamental
improvement of the system of criminal-procedural
legislation, it is very important to conduct a scientific
study of investigative activities and its types, which are
Research Article
SOME CONSIDERATIONS ABOUT THE CONCEPT OF INVESTIGATIVE
ACTION AND ITS ROLE IN THE SYSTEM OF OTHER INVESTIGATIVE
ACTIONS
Submission Date:
July 01, 2023,
Accepted Date:
July 05, 2023,
Published Date:
July 11, 2023
Crossref doi:
https://doi.org/10.37547/ijlc/Volume03Issue07-03
Ummatov Mamarasul Tursunovich
Doctor Of Philosophy In Legal Sciences (Phd), Responsible Officer Of The Department Of Public Security Of
The Ministry Of Internal Affairs Of The Republic Of 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 07-2023
10
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
03
ISSUE
07
Pages:
09-12
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
considered the most effective and widely used method
of gathering evidence, and to determine the prospects
for further improvement of their procedural and
criminalistic aspects.
As one of such investigative actions, which is widely
used in investigation and judicial practice today, it is
possible to show the investigative action of showing
for recognition. We will try to explain below this
investigative action and its place in the system of other
investigative actions.
In order to reveal the content of the investigative act
of presentation for recognition and its place in the
system of other investigative acts, it is necessary to
clarify the concept of investigative actions. Because
today, in the theory and practice of the criminal
process, investigative action is the most effective and
widely used method of gathering evidence.
Investigative action is the procedural activity of the
official of the div conducting the investigation before
the investigation, the investigator, the investigator,
the prosecutor, aimed at gathering and checking the
evidence, having the nature of knowledge, and serving
to reflect the evidentiary information, in order to
determine the important circumstances of the
collected materials and the criminal case.
CPC defines not only investigative actions, but also
court actions conducted during the judicial
investigation, and it is appropriate to talk about these
actions at this point. The legislator did not specify the
exact difference between these actions in the CPC.
However, the analysis of the norms of the Criminal
Procedure Code shows that the investigative action
can be carried out only by the official of the div
conducting the investigation, the investigator, the
investigator and the prosecutor, and this stage is
conditioned by the stage of conducting the case before
the court.
After all, most of the activities carried out in the course
of the judicial investigation in the CPC referred to the
rules of conducting the investigative action to the
procedural norms of the CPC that regulate the conduct
of the same investigative action. From this, it can be
concluded that the investigative action will have the
status of investigative action if it is conducted at the
stage of proceeding to the court, and judicial action if
it is conducted at the court stage.
According to CPC, today there are several types of
investigative actions as means of proof, which are
interrogation; facialization; show for recognition;
checking the show at the scene; take away; search;
review; witnessing; exhumation of the corpse; conduct
an experiment; taking samples for expert research;
appointment
of
examination
and
inspection;
acceptance of submitted materials and documents;
consists of listening to conversations conducted
through telephones and other communication devices.
Each of the listed investigative actions has its specific
goals and tasks, and each of them has a special role in
proving.
The investigative act of showing for recognition is a
witness, victim, suspect, accused or defendant who
has seen and remembered a person, a corpse and its
parts, an animal, an animal corpse or its parts, things
and objects that he has seen before and has kept in his
memory. is a procedural action aimed at checking the
evidence.
In the same way, showing for recognition is an
independent investigative action that has its own place
among other investigative actions, and the purpose of
its conduct is to determine the collected materials and
Volume 03 Issue 07-2023
11
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
03
ISSUE
07
Pages:
09-12
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
circumstances that are important for the criminal case,
that is, to determine the identity of a person or object.
The investigative act of presentation for recognition is
strengthened in Article 87 of the Criminal Procedure
Code entitled "Collection of evidence" and in Articles
125-131 of Chapter 14 (Presentation for recognition).
As distinctive features of the investigative act of
showing for recognition from other investigative acts
(different aspects) are the possibility of interrogating
the recognizer both before and after the conduct of
this investigative act, the possibility of similar objects
(not less than 3) to verify the truthfulness of the
testimony of the recognizer can be shown to be usable.
It should be noted at this point that the essence of the
investigative act of showing for recognition is aimed at
determining the exactness of things and objects
through their individual signs, characteristics and
symptoms, and a deeper understanding of this essence
is impossible without the analysis of the concepts of
"sign", "characteristic" and "symptom".
As it can be seen from these analyses, the purpose of
the investigative act of showing for recognition is
clearly defined in the Criminal Procedure Codes of
some countries (Article 223 of the Criminal Procedure
Code of the Republic of Belarus, Article 229 of the
Criminal Procedure Code of the Republic of
Kazakhstan), and in the Criminal Procedure Codes of
some countries not specified (Criminal Procedural
Codes of Kyrgyzstan, Moldova, Turkmenistan,
Ukraine), as well as in the Criminal Procedural Codes of
other countries, this investigative action does not have
the status of an independent investigative action
(Criminal Procedural Code of the Federal Republic of
Germany and the People's Republic of China).
It should be noted that although the investigative act
of showing for recognition is an independent
investigative act, the legislator binds it only to checking
the testimony of a witness, victim, suspect, accused or
defendant about a person or thing. That is, in order to
carry out this action, the person whose testimony is
being checked must have been interrogated (Article
126 of the Criminal Code). Based on this procedural
rule, it follows that the investigative act of showing for
recognition cannot be conducted without the
investigative act of questioning, and the current CPC
does not allow it.
In addition, in order to conduct this investigative action
or to create grounds for conducting it, if the person
whose testimony is being examined says that he
cannot describe a person or thing that will be
recognized during the interrogation, the identification
must not be performed.
Therefore, the investigative action of showing for
recognition specifies the investigative action of
interrogation, and the results of the interrogation
clarify the conditions for conducting or not conducting
this investigative action in the criminal case. This makes
it possible to conclude that demonstration for
recognition is a logical continuation of the investigative
action of interrogation or that they are closely related
to each other.
REFERENCES
1.
Mirazov D.M. Expanding judicial control over the
proceedings before the court // Newsletter of the
Academy of the Ministry of Internal Affairs of the
Republic of Uzbekistan.
–
2012.
–
No. 3.
–
B. 18.
2.
Decision PQ-3723 of the President of the Republic
of Uzbekistan of May 14, 2018 "On measures to
Volume 03 Issue 07-2023
12
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
03
ISSUE
07
Pages:
09-12
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
fundamentally improve the system of criminal and
criminal-procedural legislation" national base).
3.
Law of the Republic of Uzbekistan dated April 4,
2018 "On amendments and additions to certain
legal documents of the Republic of Uzbekistan in
connection with the adoption of measures to
strengthen the guarantees of rights and freedoms
of citizens in judicial investigation activities" //
http:/ /lex.uz/docs/3609511 (national database of
information on legal documents of the Republic of
Uzbekistan).
4.
Shefer S.A. Methodological and legal problems of
the collection of evidence in the Soviet legal
process: Autoreferat dissertatsii na soiskanie
uchenoy stepi doctorate juridicheskikh nauk. - M.,
1981. - S. 7.
