Preliminary investigation concept

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Botayev, M. (2022). Preliminary investigation concept. Результаты научных исследований в условиях пандемии (COVID-19), 1(03), 168–173. извлечено от https://inlibrary.uz/index.php/scientific-research-covid-19/article/view/8269
Murod Botayev, Academy of the Ministry of Internal Affairs

Head of Department for International Cooperation and Study of Foreign Experience 

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Аннотация

Comments are made in this article to thedefinition of the preliminaryinvestigation concept institute,the views of various scholars in this area are studied and analyzed

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They may not eat the food provided in preschools, they may not sleep and
may not listen to adults. These children can get used to a long period from
20 days to 3 months.

Group 2. Children who have some experience with strangers. This group

includes children who grew up at home, among neighbors and relatives.
They spend a lot of time in preschool. She can cry only when she wakes up
in the morning, when she remembers. The adaptation period for this group
can last from 1 week to 20 days.

Group 3. Children who need to be active on their own, communicate

with adults on interesting topics. Such children adapt to new conditions
from 3 days to 1 week.[2]

To help children get used to preschool education faster:
conducting individual interviews with parents;
- find ways to calm the child;
- instruct parents not to leave their children in preschool for a long time

in the early days;

- no more than 2-3 new children per group per week;
- does not change the teachers and the composition of the group.
Only when children make peace, both in a group and at home, observe

the regime, eat with appetite, do not cry when they wake up, and feel
comfortable with other people around them, they do not recognize.

References
1.

Аhmеdоvа Q. Bоlаngiz mаktаbgа tаyyormi? – T.: 2000.

2.

https://lex.uz/docs/




Botayev Murod, Head of Department for International Cooperation and

Study of Foreign Experience of the Academy of the Ministry of Internal

Affairs

of the Republic of Uzbekistan

PRELIMINARY INVESTIGATION CONCEPT

M.Botayev

Abstract: Comments are made in this article to thedefinition of the

preliminaryinvestigation concept institute,the views of various scholars in
this area are studied and analyzed.

Keywords: preliminaryinvestigation, to initiate criminal proceedings,

law, notice, application, decision.


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Introduction. In his speech on the occasion of the 27th Anniversary of

the Constitution of the Republic of Uzbekistan, President Shavkat
Mirziyoyev noted that the effectiveness of any democratic reforms, the main
guarantee of peace and development is directly related to the Constitution
and ensuring the rule of law, as well as providing respect for human rights
and freedoms, respect for the dignity of every individual are an integral
feature of the open, free and just society we are building.

Over the past three years, large-scale activity has been carried out

in Uzbekistan to improve the judicial-legal sphere, and based on
humanitarian principles,to ensure that no person’s rights and
freedoms, honor and dignity are violated and unjustly prosecuted for
the act that he did not commit.In order to ensure the effectiveness of
the reforms, activities on curbing crime and ensuring the inevitability
of liability for criminal actsare important.At the same time, the analysis
of preliminary investigation practice shows that there are systemic
problems and shortcomings that hinder the effectiveness of the
agencies carrying out these activities, which negatively affect the
impartiality of the bodies that facilitate the detection of crimes.This, in
turn, requires measures to be implemented for improving the
preliminary investigation process.

The preliminary investigation concept is a relatively new concept in

the criminal procedure law.However, its novelty is not due to the fact that
this concept was not used in legal References:, scientific publications or in
the course of interviews with practitioners, but due to the Law of the
Republic of Uzbekistan No. LRU 442 “On introducing amendments and
addenda to certain legislative acts of the Republic of Uzbekistan”of
September 6, 2017and due to the fact that the adoption of the law has a new
meaning.

In our opinion, it is necessary to know its lexical meaning in order to

properly and fully understand the content of the preliminary investigation
concept.There is no general concept of preliminary investigation in the
explanatory dictionary of the Uzbek language.However, it is possible to
know its lexical meaning by analyzing the words used in the vocabulary of
this dictionary.

According to the Article 320

2

of the Criminal Procedure Code: “The

preliminary investigationincludes measures to verify statements,
messages and other information about crimes, making decisions based on
the results of their consideration, as well as measures to consolidate and
preserve traces of crime, objects and documents that may be relevant to the
case”. In our opinion, there are a number of ambiguities in the preliminary
investigationconcept in this provision of the Law, and to clarify them, we


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found it necessary to refer to the existing tariffs for preliminary
investigationin the theory of criminal procedure legislation.

To date, there is no consensus in the legal References: on preliminary

investigationconcept.This shows that this institution is multifaceted.While
some scholars interpret the preliminary investigationprocess as a form of
criminal investigation, the second group note the pre-trial phase as an event
that takes place before the initial investigation, while the other group
describes the pre-investigation process as the activity of certain government
agencies, and scholars emphasize that preliminary investigationis a clear
concept, an independent stage of the criminal process [1, p.110].

In particular, U.T. Tadjikhanov notes that preliminary investigationis

a multifaceted concept and the issue of instituting criminal proceedings,
refusing to initiate it is resolved in the process of its implementation [16,
p.18].

There is another concept forpreliminary investigation, in which it is

emphasized that the registration of anapplication, report or other
information about a crime and the conduction of certain investigative and
procedural actions to determine the legitimacy and foundations for
instituting criminal proceedings,based on the information obtained or
identified, the decision-making process to initiate a criminal case or to
refuse to initiate a case is understood [5].

According to D.M. Mirazov, the preliminary investigation is the initial

stage of the criminal process, in which the application, report and other
information about the crimes are examined and the issue of whether or not
to initiate a criminal case is resolved.At this stage, the process of protecting
the legitimate interests of citizens who have suffered as a result of a crime
begins[15].

According to D. Kenjabayev, the preliminary investigation includes

measures to investigate criminal applications, reports and other
information, to make decisions on the results of their consideration, as well
as measures to strengthen and preserve traces of crime, objects and
documents relevant to the case. [10].

In our opinion, while the above considerations reflect the process by

which scholars relate to the structure of the preliminary investigation phase,
these views do not fully disclose the understanding of the nature of the
preliminary investigation.

In our opinion, the issue of determining the form of its implementation

cannot be ignored when forming the concept of preliminary
investigation.There are various opinions in the legal References: on this
issue.Some authors have argued that preliminary investigation is carried out
using non-procedural methods [13], while other scholars have stated the
opposite.For example, according to G.P. Khimicheva, “the preliminary


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investigation stage is a mandatory organizational part of criminal procedure
and has a

procedural nature” [11].This view is shared by some other

authors.There are other views that differ from this view.Its supporters
offerrelying on a free method of learning at the preliminary investigation
stage, using absolutely voluntary non-procedural methods in gathering
information about a crime.

In this regard, L.S. Mirza’s opinion is noteworthy. Because, in his

opinion, as a general rule, when a report of a crime is received and there are
appropriate grounds, a criminal case should be initiated immediately (i.e.
without preliminary investigation stage).At the same time, the author
acknowledges that any report of a crime does not immediately lead to the
initiation of a criminal case, and as a proposal to address the problem, he
proposes to strengthen the law with a detailed list of procedural actions
taken during the preliminary investigation[12].

M.G. Kovaleva noted that the information obtained as a result of any

action to determine the presence of signs of a crime in the crime report shall
not be the basis, uncertainties in the legal nature of the incident must be the
result of investigative actions before the investigation established by law [6].

In this regard, according to L.M. Volodina, “a hypothesis-based

conclusion cannot be a sufficient guarantee for a decision to be
made”.According

to

V.G.

Kosykh,

“during

the

preliminary

investigationperiod, it is not possible to obtain an information necessary to
initiate criminal proceedings on the basis of this report, even if the applicant
has provided all the details of the act” [9].Indeed, in this case it is necessary
to at least identify the applicant, warn him of criminal liability for giving false
information, which is an integral part of the preliminary investigation, as
this activity determines the validity of the reason for instituting criminal
proceedings.

In addition to most of the above considerations, it should be noted that

during the preliminary investigationphase, information or evidence should
have been collected only as a result of procedural actions carried out in the
manner prescribed by law.

Another situation that we need to pay attention to is that in the scientific

and educational References:, preliminary investigationis usually considered
as an integral part of the initiation of a criminal case. Moreover, at this stage,
criminal procedure researchers allegedly replace the term “initiating a
criminal case” with the term “pre-trial investigation”, defining them as
equally powerful and interchangeable [3].

On this issue, A.B. Divayev noted that the initiation of a criminal case at

the end of the preliminary investigationwould serve to initiate a preliminary
investigation, and that the preliminary investigationphase should also be
called the criminal prosecution phase [4].A.P. Ryjakov also expressed the


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same opinion, according to which the initiation of a criminal case is a period
of time during which a specific activity is carried out, which is called the
preliminary investigationexamination of the application (report) on the
crime [14].

It turned out that in the opinion of scientists, the preliminary

investigation(initiation of a criminal case) is the first and necessary stage, in
which the officer conducting the preliminary investigation, the inquiry
officer, the investigator and the prosecutor decide the cause and grounds for
instituting criminal proceedings, initiates criminal proceedings or refuses to
institute criminal proceedings on existing grounds.

Although the above ideas are common in the legal References:, we

believe that these views are controversial.This is because, based on the
results of the investigation carried out within the stage of initiating a
criminal case,a decision is not only made to initiate a criminal case, to refuse
to prosecute.For example, at this stage, the decision is made on the type of
legal liability of the application and the information or on the authority of
the div in which the proceedings are conducted.Furthermore, the review
of criminal applications and reports is, in our view, an independent, initial
part of the criminal process, which has all the characteristics that
characterize a particular independent stage.

A similar opinion was expressed by A.M. Korolev, in his view, “there is

another stage before the stage of instituting criminal proceedings, in which
certain actions are taken and the rights and freedoms of the individual are
considered” [8].

V.V. Kojokar also expressed a similar view that “..receipt, consideration

and resolution of reports of a crime should be considered as the first stage
of pre-trial proceedings in a preliminary investigationstage” [1].

It is these factors that led us to conclude that there is a preliminary

investigationphase with the status of an independent institute of criminal
procedure before the stage of initiating criminal proceedings, which
excludes the subsequent stage of initiating criminal proceedings from the
stages of the criminal process.


References:
1. Bartukova T.V. Urgent investigative actions and mistakes in their

production dis. ... Candidate of legal sciences.Voronej, 2003.p.110.

2. Volodina L.M. The mechanism for ensuring individual rights in the

Russian criminal process: dis. ... Dr. of legal sciences. Yekaterinburg,
1999.p.150.

3. Girko S.I.The activities of the police in criminal proceedings.M., 2006.

p. 235-236.


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173

4. Devayev A.B. Establishment of the grounds for initiating a criminal

case of theft: Candidate of legal sciences.dis. Tomsk, 2005.p.25.

5. Criminal procedure law: Textbook // Edited by Doctor of Law,

Professor M.A. Rajabova. Completed and revised third edition. – T.:
Academy of the Ministry of Internal Affairs of the Republic of Uzbekistan,
2019. p. 20.

6. Kovaleva M.G. The initiation of a criminal case and ensuring its legality

and justification: dis. ... Candidate of legal sciences.SPb., 2005.p13.

7. Kojokar V.V. The initiation of a criminal case: issues of theory and

practice: Abstract. dis. ... Candidate of legal sciences.M., 2016.p.10.

8. Korolev A.M.The essence of the preliminary verification of a crime

report. // Modern law. 2011. No. 7.p.129.

9. Kosykh V.G. Extension of the list of grounds for extending the period

for checking allegations and reports of crimes // Criminal Procedure. No. 4.
2007. p.18.

10. Matmurodov A., Kenjaboyev D. / Institute of preliminary

investigation in criminal procedure law: Analysis and improvement issues.
BulletinofLegalSciencesNo. 2, 2018.p.121.

11. Migushin K.I. Pre-trial proceedings as a stage of modern criminal

process in Russia: abstract. dis. ... Candidate of legal sciences. N. Novgorod,
2004.p.10.

12. Mirza L.S. Whether a pre-investigation check is needed // Russian

investigator. 2004. No. 9.15, p.16.

13. Rogatkin A., Petrukhin P. On the reform of criminal procedure law

// Legality. 1996. No. 2.p.42.

14. Ryjakov A.P. Initiation and refusal to initiate criminal proceedings.

5th ed. and reprocessing.M., 2011.p.7.

14. Basics, methods and features of preliminary investigation: Textbook.

– T. Academy of the Ministry of Internal Affairs of the Republic of Uzbekistan.
2016. –p.4.

15. Legal encyclopedia / in the general edition of the Doctor of legal

sciences, professor U.Tadjikhanov. – T., 2001.-p.156-157.

Библиографические ссылки

Bartukova T.V. Urgent investigative actions and mistakes in their production dis.... Candidate of legal sciences.Voronej, 2003.p.110.

Volodina L.M. The mechanism for ensuring individual rights in the Russian criminal process: dis.... Dr. of legal sciences. Yekaterinburg, 1999.p.l50.

Girko S.l.The activities of the police in criminal proceedings.M., 2006. p. 235-236.

Devayev A.B. Establishment of the grounds for initiating a criminal case of theft: Candidate of legal sciences.dis. Tomsk, 2005.p.25.

Criminal procedure law: Textbook // Edited by Doctor of Law, Professor M.A. Rajabova. Completed and revised third edition. - T.: Academy of the Ministry of Internal Affairs of the Republic of Uzbekistan, 2019. p. 20.

Kovaleva M.G. The initiation of a criminal case and ensuring its legality and justification: dis.... Candidate of legal sciences.SPb., 2005.pl3.

Kojokar V.V. The initiation of a criminal case: issues of theory and practice: Abstract, dis.... Candidate of legal sciences.M., 2O16.p.lO.

Korolev A.M.The essence of the preliminary verification of a crime report. // Modern law. 2011. No. 7.p.l29.

Kosykh V.G. Extension of the list of grounds for extending the period for checking allegations and reports of crimes // Criminal Procedure. No. 4. 2007. p.18.

Matmurodov A., Kenjaboyev D. / Institute of preliminary investigation in criminal procedure law: Analysis and improvement issues. BulletinofLegalSciencesNo. 2, 2O18.p.l21.

Migushin K.I. Pre-trial proceedings as a stage of modern criminal process in Russia: abstract, dis.... Candidate of legal sciences. N. Novgorod, 2004.p.l0.

Mirza L.S. Whether a pre-investigation check is needed // Russian investigator. 2004. No. 9.15, p.16.

Rogatkin A., Petrukhin P. On the reform of criminal procedure law // Legality. 1996. No. 2.p.42.

Ryjakov A.P. Initiation and refusal to initiate criminal proceedings. 5th ed. and reprocessing.M., 2011.p.7.

Basics, methods and features of preliminary investigation: Textbook. - T. Academy of the Ministry of Internal Affairs of the Republic of Uzbekistan. 2016.-p.4.

Legal encyclopedia / in the general edition of the Doctor of legal sciences, professor U.Tadjikhanov. - T., 2001.-p.156-157.

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