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Dilrabo Karimova, doctoral student of the Faculty of Postgraduate
Education Academy of the Ministry of Internal Affairs of the Republic
Uzbekistan, Doctor of Philosophy (PhD) in law
IMPROVING THE EFFECTIVENESS OF THE INTERACTION OF THE
INVESTIGATOR WITH PRE-TRIAL ORGANS IN THE REPUBLIC OF
UZBEKISTAN
D. Karimova
Abstract: The article deals with the questions concerning improvement
of improving the effectiveness of the criminal procedural interaction of the
investigator with pre-trial organs, international aspects of cooperation of
states in crime control, peculiarities of procedural interrelations between
the investigator and subdivisions criminal search in detection and
investigation of crimes. Legal aspects of improvement of national legislation
and international cooperation in crime control are considered.
Keywords: fight against crime, investigatorâs interaction with the pre-
trial organs, coordination of actions, improvement of criminal legislation on
interaction, international cooperation in crime control, investigator, pre-
trial organs, operative worker, Interpol National Central Bureau.
Crime control, detection of crimes, identification of criminals and
bringing them to account for the criminal acts they committed stipulates for
joint actions of all law-enforcement organs engaged in detection and
investigation of crimes. It is necessary to note that the most important
problem directly influencing on effectiveness of this cooperation is to ensure
the coordination of joint actions. It should be admitted that some types of
grave offences are committed in conditions of unobviousness, and for
detection and investigation of these offences large volume investigative
actions and use of information obtained by operational ways are required.
It means that quick and accurate solution of crimes, institution of criminal
proceedings against all guilty persons is impossible without well
coordinated and reciprocal work of the pre-trial organs and preliminary
investigation.
On this point A.A.Mukhiddinovâs opinion that success of detection and
investigation of crimes depend in large part on joint and concerted efforts of
investigators and subdivisions criminal search is true [1, p. 137-138]. In this
respect correctly organized joint activity, optimal distribution of duties
between the investigator and the agents of the subdivisions criminal search,
whose aim is to achieve a common result i.e. to investigate and solve the
committed crimes in time, make it possible to attain the goal quickly and
with least expenditure.
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In the process of investigation of crimes the investigator and the agents
of the subdivisions criminal search interact and coordinate their actions, and
their professional relationship may be considered to be coordinated and
interconnected actions for succeeding.
Coordination of actions by its definition is a work concerted by time,
place and concrete actions of various law-enforcement bodies and their
officials on performing the tasks of fighting crime. And the interaction of the
investigator and the operative in fighting against criminality is an activity
concerted by goals and objectives directed at quick solution of a criminal
case and its accurate, objective and detailed investigation. Consequently, the
interaction can be defined as a well-timed response upon statements and
reports about crimes and accidents, continuous control of their timely and
lawful solution and organization of detection and investigation of crimes.
V.I. Samarin gave his scientific definition of interaction as an activity in
the context of cooperation of states representing mutual informational,
operational, procedural and organizational support of the state bodies
vested with corresponding competence in an effort to prevent and
investigate socially dangerous acts provided by the criminal act, to convict
the guilty persons and execute the sentences of the court [2].
Inherently, interaction of the investigator with the subdivisions criminal
search in investigation of crimes expects reciprocal exchange of information
about the course and results of the actions being carried out by them, mutual
aid along the whole length of preliminary investigation on a specific fact of
the committed crime.
Bilateral nature of assistance in interaction which is seen in the contact
between the investigator and the organs of inquiry, sharing of information
obtained during the investigative actions and other procedural and
organizational measures insures the efficiency of performance of their tasks.
The most important condition of success in cooperation is consistency
of actions carried out by the investigative organs and the subdivisions
criminal search consisting in simultaneous or consecutive conducting of
proceedings, investigative and operational search actions relating to
different sides of the same case or conditions connected with each other or
arising one after another.
Relations between the interacting sides being considered are
characterized by the fact that the organizing role in these relations belongs
to the investigator as a person responsible for investigation of crime, as long
as he knows mostly about the case being investigated by him. He receives all
the evidence about the case he is conducting. Reasoning from the available
evidence and other information the investigator entrusts the subdivisions
criminal search a task giving him basic information necessary in order to
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perform it. Therefore it is the investigator who organizes the interaction and
bears full responsibility for its efficiency.
Naturally, the interacting sidesâ subjective qualities such as
professionalism, experience, good communication, sociability and many
others are of no small importance for organization of effective interaction
between law-enforcement bodies.
As M.Yu.Beketov fairly says that it is impossible to ensure the
accomplishment of the purpose of criminal justice without additional
revision of the theoretical basis of the investigatorâs interaction with the
subdivisions criminal search, elimination of contradictions in standard legal
regulation and elaboration of scientific and practical recommendations as
well as literal perception of theoretical regulations and legal norms by
practical workers [3, p. 5].
As a whole, interaction usually takes place in the form of preparing of a
plan of joint investigative actions and proceedings in which realization of
different measures of both procedural and organizational order in the
course of investigation of crime are envisaged.
Besides, upon the outcomes of investigation of a certain crime,
independent action plans are worked out which may be conducted by the
investigator and the subdivisions criminal search separately and which are
submitted to each otherâs approval so that their accomplishment ensures
the attainment of the common goal, for the sake of which they are worked
out.
Along with the interaction of the investigator and the subdivisions
criminal search within the frame of national legislation, this interaction is
also realized at the international level. Carrying out international
cooperation by means of realization of interaction in the struggle against
criminality, states use two main legal forms:
1. Contractual legal or conventional â signing and realization of bilateral
or multilateral contracts in which the relations with the law-enforcement
bodies of foreign countries in this sphere are regulated.
2. Institutional â cooperation within the framework of international
organizations of both universal and regional character such as UNO,
Interpol, CIC, OSCE, Shanghai Cooperation Organization and others.
It should be noted that the investigators and the subdivisions criminal
search of different law-enforcement bodies participate in performance of
the countryâs obligations on all basic directions of interstate cooperation in
fighting against criminality and protection of public safety, and their activity
on this direction are carried out in close interaction with competent
ministries and departments, first of all with the Ministry of Interior, Ministry
of Justice and Office of Public Prosecutor that are directly responsible for
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coordination of crime control, foreign-policy line of the country in this
direction.
As it has already been mentioned, international and legal component of
regulation of the stateâs participation in interstate cooperation in crime
control includes international conventions, bilateral and multilateral
contracts of different levels (of interstate, intergovernmental and
interdepartmental character by which various questions of interaction are
regulated).
At the same time interdepartmental agreements completed within
jurisdiction of a separate ministry or department, and today there are
several tens of them, should not contradict the active legislation and the
countryâs international contracts and, as a rule, they contain provisions
regulating traditional forms of cooperation. The matter concerns first of all
such formats as exchange of information and work experience, performance
of inquiries about execution of investigative actions, legal proceedings in
investigation of crimes.
As the practice shows one of the most effective organizational forms of
ensuring of practical interaction of the investigator with the subdivisions
criminal search and of other law-enforcement bodies with their foreign
partners in fighting against criminality, particularly against its
organizational forms such as illegal traffic in drug, arms and cultural values,
human traffic, economical crimes is broadly developed in the world institute
of law-enforcement bodies representatives operating on continuing basis at
the embassies or consular offices of their own countries.
The investigator and the subdivisions criminal search as
plenipotentiary representatives of competent law-enforcement bodies of a
country realize procedural or organizational interaction with the foreign
partners in fighting against criminality and in sharing experience.
Among them the one which is the main subdivision in realizing the
international cooperation in crime control should be distinguished. The
matter concerns the National Central Bureau of Interpol (NCB), the main
coordinator of interaction with the competent organs of foreign countries,
among the main objectives of which is maintenance of information exchange
on questions of fighting against international criminality. Secretary General
of Interpol and NCB of the member states coordinate the activity on
execution of inquiries and notification of corresponding law-enforcement
bodies about provision of information about crimes and criminals, wanted
persons, objects and documents, about conducting observation of people
suspected of criminal activity and others. Besides, the NCB of Interpol forms
data bank of persons, facts, objects and documents on the basis of
information received in the process of international cooperation.
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Along with Interpol there are regional international organizations that
also take an active part in carrying out the interaction in the struggle against
criminality. Investigating the problems of interaction between the law-
enforcement bodies of the Commonwealth of Independent States (CIS) in
detection and investigation of transnational crimes S.Y. Yerkenov says that
the questions of investigation of transnational crimes, in particular,
interaction between the law-enforcement organs of CIS in fighting against
them remain not adequately explored. Meanwhile it is the part of problem
that often becomes the key to the solution of crimes of this category [4.].
If considering that in investigation of any type of crime the investigator
interacts with the subdivisions criminal search with an effort to detect the
crime quickly and accurately and to uncover guilty people, the positive
completion of a pre-trial investigation depends on how responsibly the
organ of inquiry in the person of an operative worker regards the
investigatorâs assignments.
Actually interaction of the investigator and the subdivisions criminal
search is predetermined as a purposeful and coordinated joint procedural
action on establishing the details of the case and detection of the persons
committed crime.
The investigator, being a procedurally independent figure of criminal
procedure, if it is allowably to express, is a peculiar âcenter of gravityâ
around whom all the activity on investigation of a concrete crime is
accumulated. He has the right to direct the course of investigation, to
admonish of the course and outcomes of a certain action conducted with
participation of the subdivisions criminal search.
The degree of success of the interaction between the investigator and
operational services is also measured by the correctness and accuracy of
formulation of the tasks the investigator puts forward. In practice
investigators give the organ of inquiry written commissions often
containing such common phrases as âcarry out operational search measures
directed at identifying and apprehension of persons committed the crime
and finding evidenceâ etc.
Inadmissibility of such common commissions is obvious. After all,
having no definite aim, the operative worker has to specify exactly which
conditions of the case require extra operational check by special means. In
turn the operational services also allow formal attitude to the performance
of the commissions given by the investigator and there are cases of replies
written for form only as well.
To avoid these kinds of situations the investigator should get clear idea
of exactly which circumstances must be operationally checked, determine
the possibility of their conducting taking into account certain circumstances
of the case, appoint the time for performance.
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The operative worker who is given the commission by the investigator
first of all should make clear its purpose, size and then think over the ways
of its realization, again, taking into account the certain circumstances of the
criminal case and the existing prerequisites.
Under present-day conditions for achievement of tangible results in
fighting against criminality more effective work on discovering crimes is
demanded from the investigator and the subdivisions criminal search which
supposes a higher level of interaction between them.
In conclusion it may be ascertained that some problems connected with
the procedural order of interaction between the investigator and the
subdivisions criminal search in investigation of crimes both in the
framework of national legislation and international cooperation still exist.
The ongoing reforms on improvement of criminal procedural legislation and
international-and-legal regulation of interaction of authorized state bodies
are aimed at increasing their effectiveness. Scientifically grounded
proposals and practical recommendations directed at improvement of
interaction of the investigator with the subdivisions criminal search in crime
control will assist in perfection of interaction between the participants of
criminal procedure in detection and investigation of crimes. Improvement
of the basis of interaction between the mentioned subjects is one of the
important trends of state activity in crime control.
References:
1. A.A. Mukhiddinov. Procedural position of the investigator in the
criminal process. Dissâ¦of PhD. â Т., 2009.- Ð .137-138.
2. V.I. Samarin. Interaction of the bodies of the Republic of Belarus
leading the process with the institutions of justice of foreign states in
criminal matters: dissertation abstract of PhD. â M., 2006. - 22 p.
3. M.Yu. Beketov. Interaction of the investigator of internal affairs bodies
with the police during the preliminary investigation: dissertation abstract of
PhD â M., 2013. â P.5.
4. S.Y. Yerkenov. Interaction of law enforcement authorities of the CIS
countries in the detection and investigation of transnational crimes:
dissertation abstract of DSc. â Ð., 2000. â 48 p.