Volume 03 Issue 06-2023
14
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
03
ISSUE
06
Pages:
14-19
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
ABSTRACT
The measures taken in our country for the further development of judicial reforms will undoubtedly help to ensure
the independence of the Court, increase the effectiveness of the activities of the preliminary investigative bodies, raise
the importance of the lawyer, which, ultimately, is aimed at strengthening the protection and guarantee of human
rights in our society.
KEYWORDS
Enforcement agencies, criminal procedural, photographs, phonograms, video recordings, computer data carriers,
drawings, plans, schemes, data.
INTRODUCTION
As the President of the Republic of Uzbekistan
Sh.M.Mirziyoev emphasized, "Our goal is to protect
the rights, freedoms and legitimate interests of
citizens in judicial and investigative activities, to further
increase the role of a lawyer in criminal, civil,
administrative and agricultural cases at all stages of the
investigation and court. Protecting the rights,
freedoms and legitimate interests of citizens in judicial
and investigative activities is an urgent task of today. It
is not for nothing that in the coming years we will turn
law enforcement into agencies that will serve only and
only in the interests of the people without deviations."
The question of the use of the results of operational-
search activities in the process of proof has become an
urgent topic for various studies by the processalist,
criminologist and other scientists of the legal field in
the following years. All scientists in their research
focused on the need to coordinate criminal procedural
and investigative legislation to regulate this process .
In order to correctly solve the problem under
consideration, first of all, it is necessary to clearly
define the subject of proof, because the investigator
should be able to build his entire work on the
verification of evidence on this basis. Otherwise,
Research Article
CONSIDERATIONS REGARDING THE USE OF THE RESULTS OF
OPERATIONAL-SEARCH ACTIVITIES IN THE PROCESS OF PROOF
Submission Date:
June 01, 2023,
Accepted Date:
June 06, 2023,
Published Date:
June 11, 2023
Crossref doi:
https://doi.org/10.37547/ijlc/Volume03Issue06-04
M.M. Kholmatov
Master’s Student Of The Academy Of Law Enforcement
, 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 06-2023
15
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
03
ISSUE
06
Pages:
14-19
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
circumstances unrelated to the case may be
investigated, and the process of proof itself will be
prolonged and arbitrariness will occur.
Moreover, the object of evidence is not a permanent,
stable thing. After all, in the process of proofing, the
subject can change, expand, or be clarified and
narrowed, because during the process, new,
previously unknown circumstances may appear or fail
to find its confirmation.
As clearly defined in the criminal procedural legislation,
"any legal evidence that is the basis for the inquiry,
investigator and court to determine whether a socially
dangerous act has occurred, the guilt or innocence of
the person who committed this act, and other
circumstances important for the correct resolution of
the case, in accordance with the law information is
evidence in a criminal case" .
In the process of proofing, it is essential to pay
attention to verifying the acceptability and relevance
of evidence as a guarantee of legality, rights and
freedoms of a person and the benefits provided for by
the law in solving the case. According to Z.Z. Zinatullin,
"If the search activities are carried out in compliance
with all the provisions of the law and its results are
confirmed, the information obtained in this way can
sometimes be used for proofing, but it can also be used
for other types of crimes. (according to the source)".
For example, a person's application which was taken
before the initiation of a criminal case can be
considered as an application or explanatory letter. in
this regard, N.V. Sibileva states that "Information
obtained from a source established by law, but
obtained by a person who does not have the right to
carry out this investigative action, is not recognized as
procedurally acceptable evidence" , and it is
appropriate to agree with this opinion.
One of the conditions for recognizing evidence as
admissible evidence is that it must be obtained only
from the sources directly specified in criminal
procedural legislation. Criminal procedure legislation
lists these sources, and witness and victim statements
can be such sources. Evidence is inadmissible if it is
obtained from a source not covered by the law.
As we noted above, evidence can be obtained only
from sources provided for by law. In a number of cases,
the law clearly specifies the source of evidence. For
example, Article 173 of the Code of Criminal Procedure
of the Republic of Uzbekistan clearly states which
information can be obtained only through an expert
examination. They include the causes of death and the
nature of injuries inflicted on the div, in case of doubt
about his sanity - about the mental state of the accused
or the suspect and other information.
A specific procedure for gathering evidence is defined
in the Criminal Procedure Law. "...the procedural form
of the actions to be carried out on proofing is clearly
defined, and each violation of it leads to the violation
of the rights of the participants in the criminal
proceedings."
Procedural formalization (consolidation) of evidence is
a mandatory element of evidence collection, and
evidence is considered inadmissible if it is not obtained
based on the standards established by the current
procedural law.
As a confirmation of our opinion, we quote B.A.
Radjabov's opinion that "...strengthening the evidence
is an element of the evidence gathering stage of proof"
. Some authors "...recognize the evidence-gathering
stage of evidence as an element." But we think that
the essence of the proof will not change with this.
There are also opinions by scientists that "...gathering
Volume 03 Issue 06-2023
16
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
03
ISSUE
06
Pages:
14-19
SJIF
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MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
evidence means a set of actions aimed at finding,
strengthening, obtaining and preserving various
evidences." A similar opinion was later expressed by
P.A. Lupinskaya, I.M. Gutkin and A.Kh. Rakhmonkulov.
Based on the above considerations, we will focus on
the issues of presenting the results of the operational
search activity and their procedural strengthening.
First of all, it is necessary to describe the results of the
operational-search activity used for the interests of
investigative actions. Based on the purpose of the
rapid search activity, it is quick information obtained
and collected by means of rapid search activities in the
field of fighting crime.
In this matter, it is necessary to analyze the existing
methodology of using the results of rapid search
activities during the proof of criminal cases.
The investigator has legal methods of using the
materials presented and requested in the criminal case
reflecting the results of the investigative activity.
The investigator has legal ways to apply the materials
presented and requested in the criminal case, which
reflect the results of the operational search activity.
First, procedural-legal and tactical decision-making:
a) on initiation of a criminal case;
b) on refusal to initiate a criminal case;
c) on sending materials according to their relevance to
the investigation;
g) about transfer of detention;
d) tactics of investigation and certain investigative
actions
and related to the methodology;
e) on the need to conduct additional operational
search activities;
j) on conducting a search;
z) to justify the need to carry out rapid search
measures related to the restriction of the right of
citizens stipulated in the Constitution;
i) its use in making decisions about the expediency of
notifying law enforcement agencies of foreign
countries.
Second, it has the right to be used as evidence in a
criminal case. Sh. Inomdzhanov's opinion that "...the
methodological basis of the use of the results of
operational investigation in criminal cases should be
the rules of the theory of knowledge related to
categories such as collection, verification and
evaluation of information included as evidence in the
criminal process."
After all, the results of the conducted operational
search activities are reflected in the operational service
documents. In practice, some of them are called
operational search activity reports. Naturally, the legal
nature of these documents differs from reports on
investigative actions, which are one of the types of
independent evidence.
The main difference between the reports of
operational-search activities and the reports of
investigative actions is that the participants of the
criminal proceedings possess a direct perception of the
circumstances and facts important in the criminal case
under the conditions of the relevant investigation or
judicial action based on the reports of the investigative
Volume 03 Issue 06-2023
17
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
03
ISSUE
06
Pages:
14-19
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
actions. these results, which constitute the content of
this type of evidence in criminal proceedings.
The results of direct perception of cases and facts of
importance for the work, as well as the reports of
operational-search activities. However, this direct
perception does not occur by the participants of the
process or during the investigation and judicial action,
but during the process of pre-investigation search.
Moreover, there is a difference between it and the
entities making these statements. Although. A. Dolya
""Even if there are arguments, such a point of view,
that is, the difference between entities, is not clearly
visible" ." In his opinion, "participation of impartial
parties is mandatory in the conduct of investigative
actions, the participation of the parties as a guarantee
of correct, direct perception in the court, the
transparency of the trial comes to the fore, this thing
does not exist and cannot be in the activity of
operational investigation, because it is against its
nature, its subject, principles and completely
contradicts its duties."
In our opinion, the first problem in this is the use of
survey statements that recorded the results of
Operational-Search events in the appropriate form,
statements of application of technical means,
explanatory letters of individuals, written applications,
statements of acceptance of oral applications, official
references of various accounts, final references to the
survey process and results, correspondence and
twisted samples, video, , what will be the further fate
of operational service documents, known as final
references to items? in the solution of the question, the
head of the div carrying out operational search
activities in accordance with the current regulation
issues a submission to the investigator on the
submission of materials reflecting the results of the
Operational-Search event, these materials are
presented to the investigator according to Articles 198
and 200 of the CPC. It is also possible for the
investigator himself to request materials from the
subject of this activity according to the results of
operational-search activities, as established in articles
199 and 203 of the CPC.
Before the start of the pre-investigation, the procedure
for sending the results of the search activity to the
investigative div, investigator or prosecutor (by mail,
personally delivered or by other methods) is chosen by
the div performing the operational search function
based on the requirements of the investigator
normative documents defining the work procedure in
each case. This is the second problem.
Documenting in accordance with the law on
Operational Search Function means "the process of
collecting and systematizing information carried out
during rapid accounting, checking and evaluating the
results of rapid search activities (article 18), as well as
the process of making appropriate decisions of the
operational search div based on them."
Attaching to the documents collected in connection
with the results of the Operational Search Function,
photographs,
phonograms,
video
recordings,
computer data carriers, drawings, plans, schemes,
information, as well as other material objects, obtained
(prepared) as a result of an operational search event
for recognition as evidence in accordance with the
criminal procedural law possible. Information about
the time, place and conditions of obtaining the
attached materials, documents and other objects
should be reflected in the notice or reference written
on the detection of the signs of a crime. When it is
necessary to describe the individual (private) features
of the specified materials, documents and other
objects, they can be expressed in the form of a
Volume 03 Issue 06-2023
18
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
03
ISSUE
06
Pages:
14-19
SJIF
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MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
separate appendix to the reference. This is the third
problem.
Consideration
of
measures
to
ensure
their
completeness and completeness (preserving against
deformation, magnetization, radiation, fading, etc.) of
materials, documents and other objects obtained in
the process of operational search to be presented to
the inquirer, investigator or prosecutor. Materials
obtained as a result of acceleration activities,
production and other objects will help transfer
updated materials (plot parts), the most important
parts (sketch parts, sketches) to a single information
carrier, and this will help the presented information.
In such cases, the original copies of the materials,
documents and other objects obtained as a result of
the operational-search activities, if they were not
obtained according to the request of the inspection,
inquiry, investigative agencies or the prosecutor, are
kept in the div that implemented the pre-
investigation activity until the criminal case is
completed and the court's verdict enters into legal
force, or until the criminal case is terminated. This
situation is the fourth problem, and at the same time it
is the main problem.
When it comes to the features of these problems, using
the provided Operational Search Function results
should, first of all, reflect certain information.
In order to solve the issue of initiating a criminal case,
the information indicating the signs of a crime should
be sufficient in the results of the investigative activity,
i.e.: where, when and what signs of the crime were
detected, under what conditions they occurred,
information about the person who committed the
crime and witnesses, evidence about the location of
objects and documents that may be important, it
should reflect any events and incidents that are
important in solving the issue of criminal proceedings.
In the results of the operational search activities
provided for the preparation and conduct of the
investigative actions - people who are hiding from the
inquiry, investigative bodies and the court, who are
evading criminal punishment, who have information
about the details of the incidents and events related to
the criminal case, sources of evidence that can be used
for proofing, There should be necessary information to
determine the scope and order of conducting
procedural actions on a specific case, to choose the
most effective tactics of investigative actions, and to
create acceptable methods of investigation.
The results of investigative activities submitted for
evidence in criminal cases must reflect the information
that meets the requirements of the criminal procedural
legislation and allows them to be formed. According to
Yu.S. Pulatov and A.K. Zakurlaev, "...this process in the
operational-search activities of law enforcement
agencies can be considered as documenting the illegal
actions of persons who are preparing for, committing,
committing a crime, and in similar cases."
In order to carry out the planned work, the investigator
has the appropriate methods of applying the results of
operational search activities. Depending on the specific
operational-search event, they will have their ultimate
status. Taking into account the above, the results of
the operational search function, from the point of view
of including them in the process of proving a criminal
case, in accordance with the information on the
preparation, commission or concealment of traces of a
crime by the competent authorities, according to the
Law on the Operational Search Activity, preparing the
crime or requirements about the persons who
committed it. It consists of information and other cases
Volume 03 Issue 06-2023
19
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
03
ISSUE
06
Pages:
14-19
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
related to the criminal case, if they can be presented to
the investigation, inquiry and investigation authorities
before the investigation in accordance with the
procedural code.
The established definition makes it possible to define
the following features, which reflect the specific
characteristics of the results of the operational search
activity, as a basis for the formation of evidence:
- compliance of the subject, the grounds and conditions
for obtaining information with the requirements of the
Criminal Procedure Code;
- availability of factual information about the signs of a
crime being prepared, committed, the persons
preparing or committing it, which can be submitted to
inspection, inquiry and investigative bodies before the
investigation, as well as other circumstances included
in the subject of evidence in the criminal case;
- the information obtained in operational and official
documents, items obtained during the implementation
of operational search activities and material carriers to
which documents are attached.
The analysis of the conditions of use of the results of
operational-research activities in the evidence in
criminal cases allows to make legal and reasonable
decisions and make recommendations on the nature of
the problem under investigation.
Therefore, in such a decision, not only the positive
answers to the questions of the relevance of the
necessary information to the case and the selection of
the type of evidence that will serve as a tool in the
criminal process, but also the information necessary
for the collection and formation, verification and
evaluation of the relevant evidence in the investigation
and in court. It would be appropriate to reflect issues
related to the provision of information.
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Zinatullin Z.Z. Criminal procedural proof: a
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