The concept of development of forensic inquiry in the Republic of Uzbekistan

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should follow the rules of design in order to design effective online course

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Clark, Melody “The Soft Technology of Distance Education” 2001

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Harry, Keith, John Magnus, Keegan, Desmond “Distance Education:

New Perspectives” Rutledge in London and New York. 1993

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Willis, Barry “Distance Education Glance” 2002

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Moore, G. Michael, Kearsley, Greg “Distance Education System View”

Wadsworth Publishing Company in United States of America. 1996

Lyudmila Yugay, Doctor of Philosophy (PhD) in Law, Academy of the

Ministry of Internal Affairs of the Republic of Uzbekistan

THE CONCEPT OF DEVELOPMENT OF FORENSIC INQUIRY IN THE

REPUBLIC OF UZBEKISTAN

L. Yugay

Abstract: The article deals with the issues connected with the

development of forensic activities in the Republic of Uzbekistan and its legal
regulation. The author highlights the advanced international experience, as
well as the prospects and development trends of forensic inquiry.

Keywords: conception, forensic inquiry, forensic activity, non-

governmental forensic institutions.

Legal institute of forensic inquiry plays an important role in the course

of reforms taken place in legal system. A forensic inquiry provides the most
objective, comprehensive, scientifically grounded research of objects
requiring special knowledge in various fields of science, technology, craft
and art, in order to create a reliable evidentiary basis. In this aspect, issues
of development of the Concept for the development of the institution of
forensic inquiry in the Republic of Uzbekistan, determination of main
directions of its reform, including the improvement of its legal support take
on special significance.

Forensic inquiry activities in the Republic of Uzbekistan are regulated

by the Law of the Republic of Uzbekistan “About forensic inquiry” from June
1, 2010, sectoral codes, a number of Resolutions of the Cabinet of Ministers
of the Republic of Uzbekistan, Decrees of the President of the Republic of
Uzbekistan and departmental regulatory legal acts. Among the departments
and services that carry out forensic activities, the Ministry of Justice, the
Ministry of Internal Affairs, the Ministry of Health, the State Security Service,

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etc. The departmental differentiation of state forensic institutions is
characteristic of the CIS countries. In connection with the development of
the institution of forensic inquiry, in a number of states, reforms have
already been implemented or are being currently carried out in this area.

In the framework of implementation of large-scale reforms in the

Republic of Uzbekistan in the field of forensic inquiry, Decree of the
President of the Republic of Uzbekistan dated January 17, 2019 No. DP-4125
“About measures to further improvement of forensic inquiry activity” was
adopted [1], on the basis of which non-governmental education of forensic
inquiry was provided. In addition, the Resolution of the Cabinet of Ministers
of the Republic of Uzbekistan No. 180 “About approval of the regulations on
organization of activities of non-governmental forensic organizations” dated
March 24, 2020 was adopted [2], which approved: the Regulation on
organization of activities of specialized non-governmental forensic
institutions; regulation on procedure for retraining, advanced training and
legal knowledge of forensic experts of non-governmental forensic
institutions; regulation on procedure for maintaining the Unified Register of
persons who received a certificate confirming their professional
competence in the relevant specialization.

The introduction of this novelty is an important step in the development

of the institute of forensic inquiry in the Republic of Uzbekistan. Creation of
non-governmental forensic organizations allow to provide the principle of
competition between the parties in all types of legal proceedings, ensure the
rights and freedoms in full of all participants in the process provided for by
law, as well as reduce the high load of state forensic institutions.

Moreover, the issue of organizing the activities of non-governmental

forensic institutions, their legal support and other aspects is quite relevant
for many states.

For example, in the Russian Federation a new bill “About forensic

activities in the Russian Federation” has been developed, but its discussion,
elaboration and adoption lasts from 2013 to the present day [3]. The
controversial moment in the adoption of the above the bill is organization of
activities of non-governmental forensic inquiry and non-governmental
forensic organizations.

According to V.A. Prorvich and A.F. Volynsky, transmission of

certification functions of non-governmental forensic experts to state
forensic organizations will have a devastating effect on competitive
conditions in the expert environment [4].

In its turn, E.A. Zaitseva on the bill under consideration emphasizes that

carrying out of certification of private experts in state forensic institutions
or organizations creates the basis for monopolization of these activities by
state institutions (mainly by the Ministry of Justice), generates conditions

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for the elimination of live competition in the expert environment, and
creates favorable conditions for corrupt officials of state forensic
organizations serving the certification system. Besides, E.A. Zaitseva
especially notes that if the issuance of certificates turns out to be the
exclusive property of certain departments, it will become a very tough
regulator of this type of activity and an effective tool for competition [5].

At the same time F.G. Aminev considers that it is impossible to

concentrate the rights to train non-governmental forensic experts in state
forensic experts in state institution, as this can lead to corruption in this
organization [6, pp.169-171.].

An alternative solution could be creation of non-governmental

organizations such as the “Chamber of forensic experts” or other
organizations along with units of the Ministry of Justice of the Republic of
Uzbekistan that supervises forensic activities. These formations organize
additional professional education of forensic experts, confirm their
qualifications through voluntary certification, maintain the Register of
forensic experts and forensic laboratories [7].

In a number of countries, state forensic institutions are being removed

from departmental subordination to a separate state committee or
department.

The State Committee of forensic inquiry of the Republic of Belarus was

established in 2013 with the aim of creating conditions for providing
independence of forensic activity and increasing its effectiveness. The
structure was created on the basis of the State service of medical forensic
examinations, expert units of the internal affairs bodies, bodies and units for
emergency situations, the Armed Forces and expert units of the Ministry of
Justice of the Republic of Belarus.

The State Committee of forensic inquiry of the Republic of Belarus

realizes a indivisible state policy in the field of forensic activity, including its
scientific and methodological support; provides training, retraining and
advanced training of forensic experts, researchers, as well as other
employees within the competence; carries out forensic activities; defines the
main directions of improving forensic science and implements them,
introduces into practice the achievements of science and technology,
positive experience, progressive forms and methods of organizing forensic
research; organizes and develops within its competence international
cooperation in the field of forensic activity [8].

The State Forensic inquiry service under the Government of the Kyrgyz

Republic is a state div that realizes a policy in the field of forensic activities
and carries out forensic activities. This Service organizes and carries out
forensic activities; provides methodological and methodological assistance
to judicial and law enforcement bodies in the application of special

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knowledge and technical means; provides forensic training; organizes
training and advanced training of experts of the Kyrgyz Republic [9].

We consider the decision about separation of forensic inquiry

organizations from departmental structures to be sufficiently progressive,
which involves creation of indivisible centralized state forensic inquiry div
that takes into account the interests of all state forensic experts, without
distorting and lobbying the interests of any individual ministries and
departments. In this case, the departmental dependence of state forensic
experts will be excluded and the principles of independence of the forensic
expert, as well as objectivity, comprehensiveness and completeness of the
research.

The forensic inquiry system of the Republic of Kazakhstan is currently

represented by the Republican state treasury enterprise “Center for forensic
inquiry of the Ministry of Justice of the Republic of Kazakhstan”. The
centralization of expert functions in a single agency allowed optimizing the
activities of administrative staff and strengthening scientific potential,
increasing the efficiency of experts and concentrating financial efforts,
establishing a common material and technical base, ensure the
independence of experts, and eliminate internal contradictions in the field
of forensic inquiry activities [10, pp. 126-132].

Outsourcing is introduced in forensic science in the Republic of

Kazakhstan, which will save budget funds, optimize the staffing of state
forensic units, and at the same time contribute to the development of the
private sector [11].

Besides, the production of forensic and narcological and forensic

psychiatric inquiries previously administered by the Ministry of Health of
the Republic of Kazakhstan, and it was transferred to the Ministry of Justice
by 2016, and in 2017, “the Center for forensic medicine of the Ministry of
Justice of the Republic of Kazakhstan” was reorganized by merging to it the
State Institution of “Center for forensic inquiry of the Ministry of Justice of
the Republic of Kazakhstan” [12].

The Institute of Private Experts is called upon to create an alternative to

state expert activity and to ensure a competitive environment in judicial
review of criminal, civil and administrative cases. Since 1998, the Ministry
of Justice of the Republic of Kazakhstan has issued licenses to private
individuals to carry out forensic inquiry activities in certain areas [13].

For example, in the UK, by the organs of criminal prosecution is

appointed the examination by the provider service on the basis of contract
including the distribution, price, time of service, etc. Contracts are awarded
on the basis of a competitive tender process within the framework of the
NFFNG (National Forensic Framework - Next Generation in the sphere SED),
which is administered by law enforcement bodies under the supervision of

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the Ministry of the Interior. Customers (law enforcement bodies) award
specific contracts through tenders between all providers who signed
Framework Agreements for relevant work in this area [14].

In the United States, today in the market of forensic inquiry dominates

a network of state-funded forensic laboratories at various levels, from the
municipal to the federal.

State regulation of forensic inquiry in the United States is carried out

indirectly through the delegation of regulatory authority to professional
associations of forensic experts with the participation of representatives of
scientific sphere and consumers of forensic inquiry activities. Materially,
they are independent organizations, each of which has its own task set by
the state, but the methods and mechanisms to solve definite tasks
independently.

На основании изучения зарубежного опыта в Концепцию развития

судебной экспертизы в Республики Узбекистан можно включить
следующие положения:

On the basis of investigation of foreign experience, the following

provisions can be included in the Concept for the development of forensic
enquiry in the Republic of Uzbekistan:

1) Development and improvement of scientific-theoretical and

organizational-practical foundations of non-governmental forensic inquiry
activities;

2) Organization of the system of qualified professional training,

retraining and advanced training of forensic experts;

3) Recreation of the activities of the Council on the problems of forensic

inquiry, which is currently liquidated. The task of this deliberative
interdepartmental div will be to coordinate the activities of forensic expert
institutions, approve interdepartmental expert methods, determine the
most important areas for reforming forensic examination and other aspects,
taking into account the interests of all ministries and departments;

4) Strengthening the material and technical base of forensic inquiry

organizations;

5) Stage-by-stage separation from the criminal prosecution of forensic

inquiry institutions and their unification into a separate state committee,
center or department;

6) The development of international cooperation in the field of forensic

inquiry in order to study international advanced practices and introduce it
into national practice, exchange experience, joining international forensic
organizations and conduct research in this area;

In the condition of reforming the judicial system, we consider it

necessary to create an appropriate system of checks and balances, a kind of
balance of interests in the forensic field when introducing a new model of

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non-governmental forensic inquiry, in order to avoid the risks of creating an
unregulated market for forensic expert services and uncontrolled
commercialization, organization of control the quality of research,
professional competence of forensic experts, as well as providing expert
independence in conducting research. We consider it expedient to conduct
a detailed analysis of foreign experience in development of forensic inquiry,
and only after that introduce the positive results of the reforms into the
sphere of forensic inquiry activity in the Republic of Uzbekistan.

References:
1. Decree of the President of the Republic of Uzbekistan dated January

17, 2019 No. DP-4125 “About measures to further improvement of forensic
inquiry activity” [Electronic resource]. // National database of legislation.
01/19/2019,

No.

07/19/4125/2510.

-

Access

mode:

https://lex.uz/ru/docs/4172026. - Date of access: 02.20.2020.

2. Decree of the Cabinet of Ministers of the Republic of Uzbekistan No.

180 “About approval of the Regulations on organization of activities of non-
governmental forensic inquiry organizations” dated March 24, 2020
[Electronic resource]. - Access mode: https://lex.uz/ru/docs/4775969. -
Date of appeal: 03.24.2020.

3. Transcript of parliamentary hearings on: “Improvement of legislation

of the Russian Federation regulating forensic inquiry activity” dated May 23,
2019

[Electronic

resource].

-

Access

mode:

http://council.gov.ru/media/files/yu3nqkDpZpQ3XzY0ZkKt0lcyuCUyI8SE.
pdf/. - Date of appeal: 02.20.2020.

4. Site of the Federation of forensic experts. Non-profit partnership.

Access

mode:

free:

http:

//

forum.sud-

expertiza.ru/viewtopic.php?f=115&t=1253

5.

Zaitseva E.A. About optimization of regulation of forensic inquiry in

the Russian Federation // Bulletin of the Irkutsk State Economic Academy
(Baikal State University of Economics and Law). - 2014. - No. 6. - Access
mode: https://cyberleninka.ru/article/n/ob-optimizatsii-regulirovaniya-
sudebno-ekspertnoy-deyatelnosti-v-rossiyskoy-federatsii/viewer. - Date of
apply: 04/12/2020.

6.

Aminev F.G. About the activities of non-governmental forensic

organizations in the Russian Federation // Gaps in Russian legislation. -
2015. - No. 2. - PP. 168-171.

7. https://www.sudex.ru/o-nas, https://xn--q1af2a.xn--p1ai/ (Date of

apply: 27.04.2020)

8. http://sudexpert.gov.by/ru/info.html
9. http://sudexpert.gov.kg/deyatelnost/

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10. Abdolla S. Formation and development of forensics in the Republic

of Kazakhstan // Theory and practice of forensics. - 2020. - No. 1. - Volume
15. - PP. 126-132.

11.https://total.kz/ru/news/obshchestvo_sobitiya/sudebnuu_eksperti

zu_planiruut_peredat_v_autsorsing_v_kazahstane_date_2020_01_17_13_05_
39

12. Bychkova S.F. Criminal Procedure Code of the Republic of

Kazakhstan. Scientific and practical commentary. Issue. 2 / Under edition
I.G. Rogova. - Almaty: Baspa, 2000. – p. 204.

13. Borchashvili I.Sh. The current state and development prospects of

the Kazakhstan forensic inquiry activity // Law and State. - 2016. - No. 1
(70). - PP.33-38.

14.https://publications.parliament.uk/pa/cm201617/cmselect/cmsct

ech/501/50109.htm

Abdulaziz Rasulev, Doctor of law, acting Professor of the Department of

«Crime prevention» of the Academy of the Ministry of Internal Affairs of

the Republic of Uzbekistan.

Siyovush Xujakulov, PhD in Law, associate professor, doctoral student of

the faculty of postgraduate education of the Academy of the Ministry of

Internal Affairs of the Republic of Uzbekistan, Tashkent

CHARACTERISTICS OF GENERAL PREVENTION OF OFFENCES AND ITS

BASIC PROPERTIES

A. Rasulev, S. Xujakulov

Abstract: the article analyses the purpose and tasks, object,

arrangements of general prevention of offences. Conclusions directed on
improvement of scientific-theoretical approaches to these problems are
developed.

Keywords: prevention of offences, general prevention, special

prevention, individual prevention, victimology prevention, persons inclined
to commit offences, persons with high level of becoming victim.

Nowadays, when the threat of such negative phenomena as religious

extremism, terrorism, drug addiction, human trafficking, illegal migration,
“mass culture” is growing, the fact that instead of applying heavy and
ruthless punishments for the crime committed is much greater the effect and
result will bring inevitability of responsibility for committing offenses, their
prevention. And this, in turn, requires the creation of an effective system for