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2.
“Handbook on CEFR for foreign language teachers” L.Kirkham,
A.lriskulov, F.Rashidova, 2013. p.27.
3.
"Psychology of communication and behavior" - Textbook, M.
Nurmatova, 2016, Samarkand. p.114
B.B. Murodov, Acting Professor of the Department of Criminal Procedure
Law of the Academy of the Ministry of Internal Affairs of the Republic of
Uzbekistan, Doctor of Law, Associate Professor;
M.D. Botaev, Head of the Department of International Cooperation and
Studying Foreign Experience of the Academy of the Ministry of Internal
Affairs of the Republic of Uzbekistan
PROSPECTS FOR IMPROVING THE INSTITUTE OF PRELIMINARY
INVESTIGATION
B.B. Murodov, M.D. Botaev
Abstract: The article provides an in-depth analysis of the bases which
may serve as a reason for the start of preliminary investigation stage, as well
as the development of proposals and recommendations for further
improvement of the process.
Keywords: preliminary investigation, inquiry, investigation, law,
constitution, institution of criminal proceedings, refusal to initiate criminal
proceedings, application, electronic document, anonymous message.
In Uzbekistan, large-scale program measures are being consistently
implemented on ensuring the rule of law, further reforming the judicial-legal
system and humanizing the priority areas of criminal proceedings. Such
important tasks as improving and liberalizing the criminal and criminal
procedural legislation, improving the efficiency of quality of the justice
administration, improving the procedural foundations of criminal
proceedings, ensuring in the activities of judicial investigative bodies of
guarantees for the protection of the rights and freedoms of citizens are
defined in the Action Strategy on five priority areas of development of the
Republic of Uzbekistan in 2017-2021. A deep critical study of the legislative
norms governing the institution of preliminary investigation in criminal
procedural relations and related law enforcement practice is required to
ensure the execution of these tasks.
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Article 320
1
of the Code of Criminal Procedure of the Republic of
Uzbekistan
1
defines the forms of pre-trial proceedings, consisting of the
stages of pre-trial examination, inquiry and preliminary investigation.
At the stage of preliminary investigation, you can check the statements
of the case, messages and other information, take a decision based on the
results of their consideration, as well as take measures for consolidating and
preserving potentially important traces of the crime, objects and documents.
The preliminary investigation is carried out by the authorized bodies
specified in the Article 39
1
of the Code of Criminal Procedure, in accordance
with the rules established in the Chapter 41 (initiation of criminal
proceedings) of the Code of Criminal Procedure.
The preliminary investigation is the first stage of the criminal process.
It begins with the receipt of statements, messages and other information
related to the crime. This stage ends with the initiation of a criminal case or
the refusal to initiate a criminal case or the adoption of a decision on the
transfer of an application or message under jurisdiction.
The reasons for initiating a criminal case are the following (Article 322
of the Code of Criminal Procedure), allowing the implementation of the
preliminary investigation:
1) statements of persons;
2) messages of enterprises, institutions, organizations, public
associations and officials;
3) media reports;
4) discovery of information and traces indicating a crime directly by the
inquiry officer, investigator, prosecutor, as well as the div conducting the
preliminary investigation;
5) a statement of confession [1. p. 27].
The most common reason for initiating criminal proceedings is the
statements of persons.
Despite this, the current Code of Criminal Procedure does not directly
determine what kind of document it is and what requirements are
established for it.
However, the Law of the Republic of Uzbekistan “On appeals of
individuals and legal entities” of September 11, 2017 No. LRU-445 defines a
statement as an application for assistance in realization of the rights,
freedoms and legitimate interests. In the Article 3 of this law, a complaint is
defined as a request for restoration of violated rights, freedoms and the
protection of legitimate interests [2. p. 34].
In accordance with the Article 324 of the Code of Criminal Procedure,
statements of persons about a crime can be oral or written. An oral
1
further - CCP
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statement must be recorded in the protocol. In addition, the article states
that a written statement must be signed by those from whom it comes, the
protocol must contain information about the applicant, his place of
residence and work, as well as about his personal documents. If the
applicant is unable to present documents, other measures must be taken to
verify his identity. The applicant is warned of criminal liability for a
deliberately false report of a crime, about which he gives a subscription in
the protocol. Further, a report on the circumstances of the commission of
the crime is entered in the protocol from the first person, if possible
verbatim. The protocol is signed by the applicant and the official who
accepted the application.
According to the Article 323 of the Code of Criminal Procedure, a letter,
statement or other anonymous report of a crime that is not signed or signed
with a forged signature or written on behalf of a fictitious person cannot
serve as a reason for initiating a criminal case. Although this is not explicitly
stated in the Code of Criminal Procedure and other normative legal acts, if
the anonymous message contains accurate facts about serious or especially
serious crimes, it must be checked by the pre-investigation authority. If in a
certain case the fact of corpus delicti is confirmed, then the reason for
initiating a criminal case will be the direct detection of bodies of pre-
investigation verification of the signs of a crime [3. p. 54].
In accordance with the requirements of the current Code of Criminal
Procedure, the application must be signed by the applicant. This
requirement serves to increase the responsibility of the citizen who
reported the crime, as well as to obtain reliable information necessary for
initiating a criminal case or drawing up other conclusions. Inadequate
attention to this requirement may lead to poor quality of preliminary
investigation documents. Despite the fact that the above analysis does not
give rise to criminal proceedings on an anonymous report, it can serve as a
basis for initiating a preliminary investigation.
In turn, it is not clear why the Code of Criminal Procedure has not yet
established the procedure for individuals to report crimes through the filing
of electronic applications. After all, 2020 has been declared as the Year of
Science, Enlightenment and the Digital Economy Development in
Uzbekistan, moreover, this order is used in other legal relations. Therefore,
in order to establish a unified form for electronic filing of citizens’ appeals of
crimes and to ensure, on the basis of this, the preliminary investigation, we
propose to state the Article 324 of the Code of Criminal Procedure as follows:
“Statements of persons about crimes can be in written, oral or electronic
forms. A written and electronic application must be signed by the applicant.
An oral statement is recorded in the protocol. The protocol must contain
information about the applicant, his place of residence and work, as well as
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about his personal documents. If the applicant is unable to present
documents, other measures must be taken to verify his identity.
The applicant is warned of criminal liability for a deliberately false
report of a crime, about which he gives a subscription in the protocol.
Further, a report on the circumstances of the commission of the crime is
entered in the protocol from the first person, if possible verbatim. The
protocol is signed by the applicant and the official who accepted the
application.
Electronic statements of persons about crimes shall be confirmed by
electronic digital signature and contain details allowing identification of the
electronic document”.
The inclusion of this provision in the Code of Criminal Procedure will
not only ensure the effective implementation of citizens’ right to appeal, but
will also provide reliable information to law enforcement agencies, prompt
receipt of statements by persons, timely and correct recording of statements
and reports of crimes, as well as increasing people’s confidence in law
enforcement agencies.
In addition, in order to further expand the ability to handle an electronic
application and improve the process for timely recording of applications and
complaints, it is considered advisable to create a “Single interactive appeal
window” with the ability to display the Ministry of Internal Affairs
allegations of crimes. At the same time, it is necessary to ensure that the data
is included in it in compliance with all the requirements specified in the Code
of Criminal Procedure for a written application, to establish a warning clause
in accordance with the Article 237 of the Criminal Code of the Republic of
Uzbekistan, upload data confirming the identity of citizens to the program
and provide for a procedure for confirming all data loaded into the program
by electronic signature.
It is also advisable to provide the applicant with a special identification
code after receiving the statement of the crime, by introducing the code into
the program, introduce a system for informing the applicant about what
div and official is considering his appeal, what actions are being taken,
create a mechanism for informing about the decision made following the
consideration of the application, that is, preliminary investigation.
This, in turn, contributes to the timely and effective processing of
criminal complaints by citizens in the context of a pandemic that has spread
throughout the world. In addition, the introduction of this innovation in
judicial investigative practice will contribute to the effective
implementation of the requirements outlined in the Article 35 of the
Constitution of the Republic of Uzbekistan of the norm “Everyone shall have
the right, both individually and collectively, to submit applications and
proposals, and to lodge complaints with competent state bodies, institutions
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or public representatives. Applications, proposals and complaints shall be
considered in the procedure and within the time-limit specified by law”.
They are subject to timely registration and decision in the manner
prescribed by law of statements of individuals and legal entities about
crimes, prevention of red tape and indifferent attitude when considering
appeals of persons at the stage of pre-trial proceedings, ensuring
transparency and publicity of judicial investigative activities, as well as the
direct execution of the priority tasks identified in Decree of the President of
the Republic of Uzbekistan “On the State Program for the implementation of
the Action Strategy on five priority areas of development of the Republic of
Uzbekistan in 2017–2021 in the “Year of Science, Enlightenment and the
Digital Economy Development” of March 2, 2020.
References:
1. https://akadmvd.uz/uz/menu/ugolovno-protsessualnogo-prava –
date of the application June 4, 2020, access mode – free.
2. https://lex.uz/docs/3336169. Law of the Republic of Uzbekistan
“On citizens’ appeals”. September 11, 2017, LRU No. 445.
3. A.S. Lizunov. Preliminary investigation as part of pre-trial
proceedings. Candidate of legal sciences. Thesis. – Nizhny Novgorod:
Voronezh State University, 2017. P. 226.
B.E.Esimbetova, doctoral candidate of Faculty of Postgraduate education of
the Academy of Internal Affairs of the Republic of Uzbekistan
ON THE ISSUE OF IMPROVING THE MECHANISM OF ELECTRONIC
EVIDENCE IN FORENSICS
B.Esimbetova
Abstract. This article highlights some of the issues of forensic tactics
used in the study of digital data from any device that can process, store or
transmit data in any form.
Keywords: digital examination, flash drive, hard drive, internet
The growing pace of informatization of society in the 21st century is
manifested in all areas of social relations. Therefore, the modern period of
the development of the judicial system of the Republic of Uzbekistan has
updated the issue of introducing new information and telecommunication
technologies in the field of organizing and ensuring the activities of the
courts in order to increase the efficiency of their work, realize openness,
