Конституционные гарантии прав личности в уголовном судопроизводстве

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Constitutional guarantees of individual rights in criminal
proceedings

Dildora BAZAROVA

1

Tashkent State University of Law

ARTICLE INFO

ABSTRACT

Article history:

Received June 2024

Received in revised form

15 July 2024

Accepted 15 July 2024

Available online

25 August 2024

This research is aimed at conducting a comprehensive

analysis of constitutional guarantees of individual rights in

criminal proceedings in the Republic of Uzbekistan. The study
examines the extent to which these guarantees are reflected in

national legislation, their implementation in practice, and
challenges and opportunities for reform. The study is pertinent
because there is a pressing need to address issues related to the

criminal justice system of the Republic of Uzbekistan, which is
attracting the attention of international human rights

organizations. These issues include torture, arbitrary detention,
and violations of due process rights. In the study, the author
uses a qualitative methodology combining legal analysis,

practical assessment, comparative analysis, and assessment of
interested parties. It is based on primary sources, including the
Constitution of Uzbekistan, national legislation, and

international human rights treaties, and secondary sources such
as academic articles, reports, and judicial practice. The study's

results reveal both the strengths and weaknesses of the existing
system of constitutional guarantees and their implementation.

The study offers targeted recommendations to strengthen

the protection of individual rights in criminal proceedings,
aimed at increasing the independence, professionalism, and

accountability of key actors in criminal justice, improving access
to remedies and redress, and fostering a culture of respect for
human rights through education and training. The

recommendations are based on international human rights
standards, best practices and the specific context of the criminal
justice system of the Republic of Uzbekistan. The study

contributes to ongoing efforts to promote the rule of law,
protect human rights and ensure a fair and effective criminal

justice system in the Repub

lic of Uzbekistan. The author’s

findings and recommendations are relevant for policymakers,

Keywords:

constitutional guarantees,

individual rights,

criminal proceedings,

criminal justice reform,

rule of law,

human rights,

fair trial.

1

Doctor of Legal Science in Law (DSc), Professor, Head of the Department of Criminal Procedure Law, Tashkent

State University of Law.

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practitioners and scholars involved in criminal justice reform
and human rights advocacy in the Republic of Uzbekistan and

beyond.

2181-

1415/©

2024 in Science LLC.

DOI:

https://doi.org/10.47689/2181-1415-vol5-

iss4-pp137-154

This is an open access article under the Attribution 4.0 International

(CC BY 4.0) license (https://creativecommons.org/licenses/by/4.0/deed.ru)

Jinoyat protsessida shaxs huquqlarining konstitutsiyaviy
kafolatlari

ANNOTATSIYA

Kalit so‘zlar

:

konstitutsiyaviy kafolatlar,

shaxs huquqlari,

jinoyat protsessi,

jinoiy sudlovni isloh qilish,

qonun ustuvorligi,

inson huquqlari,

adolatli sudlov.

Mazkur tadqiqot O‘zbekiston

Respublikasida jinoyat

protsessida shaxs huquqlarining konstitutsiyaviy kafolatlarini
har tomonlama tahlil qilishga qaratilgan. Tadqiqotda mazkur

kafolatlar milliy qonunchilikda qay darajada o‘z aksini topgani,

ularning amaliyotga tatbiq etilishi, islohotlarning muammolari

va imkoniyatlari o‘rganiladi. Tadqiqot o‘rinlidir, chunki xalqaro

inson huquqlari tashkilotlari e’tiborini tortayotgan O‘zbekiston

Respublikasining

jinoiy-

huquqiy

tizimi

bilan

bog‘liq

muammolarni hal etishning dolzarb ehtiyoji mavjud. Bu
masalalarga qiynoqlar, o'zboshimchalik bilan hibsga olish va
qonuniy huquqlarning buzilishi kiradi. Tadqiqotda muallif

huquqiy tahlil, amaliy baholash, qiyosiy tahlil va manfaatdor
tomonlarni baholashni birlashtirgan sifatli metodologiyadan

foydalanadi. U Oʻzbekiston Konstitutsiyasi, milliy qonunchilik va

inson huquqlari boʻyicha xalqaro shartnomalarni oʻz ichiga

olgan birlamchi manbalarga, shuningdek, ilmiy maqolalar,

maʼruzalar va sud amaliyoti kabi ikkilamchi manbalarga

asoslanadi. Tadqiqot natijalarida mavjud konstitutsiyaviy
kafolatlar tizimi va ularni amalga oshirishning kuchli va zaif

tomonlari aniqlandi.

Tadqiqot jinoiy sudlovning asosiy ishtirokchilarining

mustaqilligi, professionalligi va javobgarligini oshirish, himoya
vositalaridan foydalanish va ularni qoplash imkoniyatlarini

yaxshilash hamda ta’lim orqali inson huquqlariga hurmat

madaniyatini oshirishga qaratilgan jinoyat protsessida shaxs

huquqlarini himoya qilishni kuchaytirish bo‘yicha maqsadli

tavsiyalarni taqdim etadi. va trening. Tavsiyalar inson huquqlari

bo‘yicha xalqaro standartlar, ilg‘or tajribalar va O‘zbekiston
Respublikasi jinoiy sudlov tizimining o‘ziga xos kontekstiga

asoslangan. Tadqiqot

O‘zbekiston Respublikasida qonun

ustuvorligini ta’minlash, inson huquqlarini himoya qilish,
adolatli va samarali jinoiy sudlov tizimini ta’minlash bo‘yicha

olib borilayotgan ishlarga hissa qo‘shadi. Muallifning xulosalari
va tavsiyalari O‘zbekiston Respublikasi va undan tashqarida

jinoiy odil sudlovni isloh qilish va inson huquqlarini himoya

qilish bilan shug‘ullanuvchi siyosatchilar, amaliyotchilar va

olimlar uchun dolzarbdir.

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Конституционные

гарантии

прав

личности

в

уголовном судопроизводстве

АННОТАЦИЯ

Ключевые слова:

конституционные

гарантии,

права личности,

уголовное

судопроизводство,

реформа уголовного

правосудия,

верховенство закона,

права человека,

справедливое судебное

разбирательство.

Целью данного исследования является проведение

комплексного анализа конституционных гарантий прав
личности в уголовном судопроизводстве в Республике

Узбекистан. В исследовании рассматривается степень
отражения

этих

гарантий

в

национальном

законодательстве, их реализация на практике, а также

проблемы и возможности реформирования. Исследование
актуально, поскольку существует острая необходимость

решения проблем, связанных с системой уголовного
правосудия Республики Узбекистан, которая привлекает
внимание международных организаций по правам

человека. К таким проблемам относятся пытки,
произвольное задержание и нарушение прав на
надлежащую правовую процедуру. В исследовании автор

использует качественную методологию, сочетающую
правовой анализ, практическую оценку, сравнительный

анализ и оценку заинтересованных сторон. Оно основано
на первичных источниках, включая Конституцию
Узбекистана,

национальное

законодательство

и

международные договоры по правам человека, а также на
вторичных источниках, таких как научные статьи, отчеты
и

судебная

практика.

Результаты

исследования

раскрывают как сильные, так и слабые стороны
существующей системы конституционных гарантий и их

реализации.

В исследовании предлагаются целевые рекомендации

по укреплению защиты прав личности в уголовном

судопроизводстве,

направленные

на

повышение

независимости, профессионализма и подотчетности

ключевых субъектов уголовного правосудия, улучшение
доступа к средствам правовой защиты и возмещению
ущерба, а также формирование культуры уважения прав

человека

посредством

образования

и

обучения.

Рекомендации основаны на международных стандартах в
области прав человека, передовой практике и конкретном

контексте системы уголовного правосудия Республики
Узбекистан. Исследование вносит вклад в текущие усилия

по содействию верховенству закона, защите прав человека
и обеспечению справедливой и эффективной системы
уголовного правосудия в Республике Узбекистан. Выводы и

рекомендации

автора

актуальны

для

политиков,

практиков и ученых, занимающихся реформой уголовного
правосудия и защитой прав человека в Республике

Узбекистан и за ее пределами.

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I. INTRODUCTION

1. The relevance of the study

The cornerstone of a just and lawful society is the protection of individual rights in

criminal proceedings. In the Republic of Uzbekistan, the Constitution serves as the
supreme law of the country, guaranteeing fundamental rights and freedoms to all

citizens. However, the effective implementation of these constitutional guarantees in the
criminal justice context remains a major challenge. Recent reports by international

human rights organizations and the concluding observations of the UN Human Rights
Committee have highlighted concerns about the prevalence of practices such as torture,

arbitrary detention, and violations of due process rights in the criminal justice system of
the Republic of Uzbekistan.

These issues highlight the urgent need for a comprehensive analysis of

constitutional guarantees of individual rights in criminal proceedings, their

implementation in practice, and the identification of areas for reform. By examining the
strengths and weaknesses of the current system, this study aims to contribute to ongoing

efforts to strengthen the rule of law, promote human rights, and ensure a fair and
effective criminal justice system in the Republic of Uzbekistan.

2. Goals and objectives of the study

The main goal of this study is to conduct a comprehensive analysis of

constitutional guarantees of individual rights in criminal proceedings in the Republic of
Uzbekistan. The study aims to assess the extent to which these guarantees are reflected

in the country’s legislation, their implementation in practice, as well as problems and

opportunities for reform. In particular, the study seeks to answer the following key

questions:

–

What are the constitutional provisions safeguarding individual rights in criminal

proceedings in the Republic of Uzbekistan, and how do they relate to international
human rights standards?

–

What is the extent to which the country's criminal procedural legislation include

these fundamental provisions, and are there any gaps or inconsistencies?

–

What are the practical difficulties and barriers that prevent these rights from

being applied effectively, such as the frequency of torture, arbitrary detention, and due

process violations?

–

In order to guarantee the protection of individual rights, how can the

independence, competence, and responsibility of key actors of criminal justice such as
the courts, prosecutors, and law enforcement organizations be reinforced?

–

What are the available mechanisms for seeking remedies and redress for

violations of individual rights in criminal proceedings, and how can their accessibility

and effectiveness be improved?

–

What role can civil society, the media, and international partners play in

monitoring the application of constitutional guarantees and promoting reforms??

–

How education and training in the field of human rights for criminal justice

actors can contribute to the formation of a culture of respect for individual rights and the
rule of law?

By addressing these issues, the research seeks to provide a comprehensive picture

of the situation of individual rights guarantees under the Uzbek Constitution today, point

out areas in need of improvement, and propose recommendations for reform.

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3. Literature review

Extensive academic research and international legal tools have addressed the

protection of individual rights in criminal proceedings. The Universal Declaration of

Human Rights and the International Covenant on Civil and Political Rights establish

fundamental rights such as the prohibition of torture, the right to liberty and security of

person, the presumption of innocence and the right to a fair trial. These international

standards provide guidance for assessing the compliance of national legal systems with

human rights obligations.

In the context of the Republic of Uzbekistan, a number of studies have examined

the challenges and progress in criminal justice reform. Research by domestic scientists

has illuminated the historical legacy and the need for comprehensive institutional

reforms to strengthen the rule of law and protect individual rights.

International organizations such as the UN Human Rights Committee and the

Organization for Security and Cooperation in Europe (OSCE) have also produced valuable

reports and recommendations for criminal justice reform in the Republic of Uzbekistan.

These documents highlight the need to address issues such as torture, arbitrary

detention and violations of due process rights, as well as the importance of strengthening

the independence and professionalism of the actors of criminal justice.

This paper expands on previously published research by providing a

comprehensive analysis of constitutional guarantees of individual rights in criminal

proceedings in the Republic of Uzbekistan. It aims to contribute to the ongoing discourse

on criminal justice reform by evaluating the current status of implementation,

highlighting gaps and obstacles, and providing recommendations to increase the

protection of individual rights in line with international standards and best practices.

II. MATERIALS AND METHODS

Materials:

In order to give a thorough examination of the constitutional guarantees of

individual rights in criminal procedures in the Republic of Uzbekistan, this study consults

a wide range of primary and secondary sources. Primary sources include the Constitution

of the Republic of Uzbekistan, which enshrines fundamental rights and freedoms, as well

as relevant national legislation, such as the Criminal Procedure Code, which regulates

criminal proceedings. The study also examines international human rights treaties to

which the Republic of Uzbekistan is a party, such as the International Covenant on Civil

and Political Rights, as well as concluding observations and recommendations made by

the UN Human Rights Committee.

Examples of secondary sources include scholarly articles, essays, and reports that

provide insight into the theoretical foundations, comparative perspectives, and practical

issues associated with protecting individual rights in criminal proceedings. In addition,

the study makes use of the research of eminent scientists in the area. Reports and

documents prepared by international organizations like the UN, the Organization for

Security and Cooperation in Europe (OSCE), and non-governmental human rights

organizations are also examined to gather information on the state of human rights in the

Republic of Uzbekistan as well as the achievements and difficulties in criminal justice

reform.

Furthermore, the research incorporates pertinent case law from national and

international courts, which provides valuable insight into the interpretation and

application of constitutional guarantees in practice. A review of media reports and

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publications from civil society is also conducted in order to obtain a more comprehensive

grasp of the public discourse surrounding criminal justice issues in the Republic of

Uzbekistan.

Methods:

This research employs a qualitative approach to do a thorough and in-depth

examination of constitutional guarantees of individual rights in criminal proceedings in

the Republic of Uzbekistan. The investigation starts with a thorough analysis of pertinent

national laws, international human rights standards, and constitutional provisions. The

purpose of this legal study is to determine the guarantees' content and extent, evaluate

how well they adhere to international norms, and spot any gaps or inconsistencies in the

national legal framework.

The study includes an analysis by the interested parties to understand the roles,

interests, and capabilities of key actors involved in the criminal justice system, including

the judiciary, prosecutors, law enforcement agencies, the legal profession, and civil

society organizations. This analysis helps identify potential allies, barriers, and entry

points for reform efforts.

To create a set of focused recommendations to improve the protection of

individual rights in criminal procedures in the Republic of Uzbekistan, the study

synthesizes the findings of legal analysis, practical assessment, comparative analysis, and

stakeholder assessment. The ideas put forth are grounded in international human rights

norms, optimal methodologies, and the unique circumstances and obstacles of the

criminal justice system in Uzbekistan.

III. RESEARCH FINDINGS

1. The right to protection from torture and ill-treatment (cruel treatment)

Article 26 of the Constitution of the Republic of Uzbekistan (dated April 30, 2023)

guarantees the inviolability of human honor and dignity, prohibiting the use of torture,

violence, and other cruel, inhuman, or degrading treatment or punishment. This

provision is fundamental for the protection of individual rights in criminal proceedings.

The Republic of Uzbekistan is taking action to end torture and other cruel treatment

within the criminal justice system, according to a review of laws and law enforcement

procedures [1]. In particular, steps were taken to tighten oversight over detention

facilities, and an article defining accountability for the use of torture was added to the

Republic of Uzbekistan's Criminal Code. For the effective implementation of the

constitutional right to protection from torture, the following measures are required:

further improvement of legislation, as well as strengthening prosecutorial supervision,

increasing the professionalism and legal culture of law enforcement officers, and the

creation of independent mechanisms for investigating allegations of torture.

2. Implementation of the right to freedom and inviolability of the person in

criminal proceedings.

Article 27 of the Constitution of Uzbekistan enshrines the right of

everyone to freedom and inviolability of the person, establishing that arrest, detention

and imprisonment, taking into custody, or otherwise restrictions on freedom are

permitted only based on the law and by the court decision, which is aimed at preventing

arbitrary deprivation of liberty and is an important guarantee of individual rights in

criminal proceedings.

A study of criminal procedural legislation reveals that the Republic of Uzbekistan

set up a rigorous system for the use of preventative measures connected to the

restriction of freedom. Only the court may decide whether to place someone in detention,

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and if no decision is made by the court, the person cannot be held longer than 48 hours.

In this case, the person must be explained his rights and the grounds for detention in a

language he understands. In practice, though, there have been instances of these rules

being broken, including unjustified detention, late notification of family members, and

denial of access to a lawyer. To ensure the effective implementation of the right to

freedom and inviolability of the person, it is imperative to fortify the judicial oversight of

the legitimacy and legality of the application of preventive measures, ensuring timely

access of detainees to qualified legal counsel, creation of effective mechanisms for

appealing illegal actions of inquiry and investigation bodies.

3. Ensuring the presumption of innocence in criminal proceedings

The presumption of innocence, enshrined in Article 28 of the Constitution of

Uzbekistan, is a fundamental institution of criminal justice and the most important

guarantee of individual rights in criminal proceedings. According to this principle, a

person is considered innocent until he or she is proven guilty by a public trial in

accordance with the procedure prescribed by law and established by a court verdict that

has entered into legal force. Legal mechanisms for implementing the presumption of

innocence have been created in the Republic of Uzbekistan. The bodies of inquiry,

investigation, and prosecutor's office are obliged to prove the guilt of the accused, and all

doubts about guilt, if the possibilities of eliminating them are exhausted, shall be resolved

in favor of the suspect, accused, defendant, or convicted person. A suspect, accused, or

convicted person shall not be obliged to prove his or her innocence and may exercise the

right to remain silent at any time. A confession of guilt cannot be the sole evidence of a

person’s guilt. An admission of guilt cannot be the only evidence of a person’s guilt.

However, in practice, there have been cases of accusatory bias in the activities of criminal

prosecution bodies, the use of illegal methods of obtaining evidence, and putting pressure

on the accused to obtain confessions. Ensuring a real presumption of innocence requires

increasing the procedural activeness and independence of the court, strengthening

prosecutorial supervision over the legality of evidence, eliminating cases of the use of

illegal investigative methods, and increasing the efficiency of mechanisms for appealing

the actions of the law enforcement authorities.

4. Implementation of the right to receive qualified legal assistance

The right to receive qualified legal assistance, guaranteed by Article 29 of the

Constitution of the Republic of Uzbekistan, is the most important condition for fair

criminal proceedings and effective protection of individual rights. Each person shall have

the right to legal counsel of his or her choice at any stage of the criminal proceedings. In

cases stipulated by law, legal assistance shall be provided at the expense of the state.

Uzbekistan has taken significant steps to ensure access to legal assistance in criminal

proceedings. The procedural rights of a defense attorney have been expanded,

requirements for the quality of legal assistance have been established, and a system of

free legal assistance for low-income citizens has been created. At the same time, there are

problems with ensuring the independence of the legal profession, there are cases of

obstruction of legal activities by investigative authorities and restrictions on the access of

defense lawyers to their clients. For the full implementation of the right to qualified legal

assistance, it is necessary to strengthen the guarantees of legal practice, ensure the real

independence of the legal profession, create an effective mechanism for appointing a

defense lawyer, improve the quality of free legal assistance, and strengthen responsibility

for obstructing the activities of lawyers.

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5. Ensuring lawfulness in the collection and use of evidence

The Constitution of the Republic of Uzbekistan establishes important guarantees of

lawfulness in the collection and use of evidence in criminal proceedings. According to

Article 29, no evidence obtained in violation of the law may be admitted in the

administration of justice. Article 31 guarantees that everyone shall have the right to

inviolability of private life, personal and family secrets, and privacy of correspondence

and communications. Restriction of these rights is permitted solely based on law and by

court decisions. The Republic of Uzbekistan has established procedural requirements for

the collection and assessment of evidence. Evidence obtained in violation of the law is

considered inadmissible and cannot form the basis of charges. It is necessary to obtain a

court decision to carry out investigative actions that limit the constitutional rights of

citizens (search, seizure, control of communications). At the same time, in practice, there

were cases of violation of these requirements, the use of illegal methods of obtaining

evidence, and falsification of evidence. Ensuring the legality of evidence requires

strengthening judicial and prosecutorial control over investigative actions, increasing the

efficiency of mechanisms for excluding inadmissible evidence, ensuring real adversaries

and equality of parties in the process, establishing strict liability for falsification of

evidence, and the use of illegal investigative methods.

6. Protecting the rights of victims and ensuring access to justice

The Constitution of the Republic of Uzbekistan guarantees the protection of the

rights of victims of crime and obliges the state to provide them with protection and

access to justice, as well as create conditions for compensation for the harm caused. Law

enforcement practice shows that in the Republic of Uzbekistan, the legal status of victims

has been strengthened, their procedural rights have been expanded, the obligation of the

investigator has been established to take measures to compensate for the harm caused

by the crime, and mechanisms for state compensation for damage to victims of certain

categories of crimes have been created.

However, in practice, there are problems with ensuring real access to justice for

victims; there are cases of ineffective investigation of crimes and insufficient attention to

the rights and legitimate interests of victims. To fully protect the rights of victims, it is

necessary to increase the procedural activeness of victims and their representatives,

ensure timely recognition of a person as a victim and explain their rights, create effective

mechanisms for appealing the actions of investigative authorities, expand the system of

state compensation for damage from crimes, and strengthen the responsibility of officials

for violations of the rights of victims.

IV. DISCUSSION OF RESEARCH FINDINGS

1. The right to protection from torture and ill-treatment

The study's findings highlight the critical significance of Article 26 of the Republic

of Uzbekistan's Constitution, which upholds the inviolability of human honor and dignity

and forbids the use of violence, torture, and other cruel, inhuman, or degrading treatment

or punishment. The preservation of individual rights in criminal proceedings is ensured

by this fundamental provision. An analysis of legislation and law enforcement practice

shows that the Republic of Uzbekistan is taking steps to eradicate torture and ill-

treatment within the criminal justice system. In particular, an article establishing liability

for the use of torture has been introduced into the Criminal Code of the Republic of

Uzbekistan, and measures have been taken to strengthen control over places of

detention.

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However, even with these encouraging developments, it is still difficult to

completely eradicate torture and mistreatment. Experts and international human rights
organizations are concerned about the continuation of these practices [2]. The UN

Committee against Torture, in its concluding observations on the fifth periodic report of
the Republic of Uzbekistan, noted continued allegations of torture and ill-treatment by

law enforcement officials, especially during the initial stages of detention and
investigation. The Committee also highlighted the lack of prompt, impartial, and effective

investigations into such allegations.

To effectively implement the constitutional right to protection from torture,

several key measures must be taken. First, it is extremely important to further improve
legislation to ensure a comprehensive prohibition and criminalization of torture by

international standards [3]. All of the components outlined in Article 1 of the UN
Convention against Torture and Other Cruel, Inhuman, or Degrading Treatment or

Punishment must be included in the definition of torture in national laws. Legislation
should also establish suitable punishments that correspond to the seriousness of the

offense [4].

Secondly, strengthening prosecutorial oversight is critical to preventing and

combating torture. Prosecutors play a vital role in ensuring the legitimacy of criminal
proceedings and protecting individual rights [5]. Strengthening the independence,

capacity, and accountability of prosecutors is necessary to ensure effective oversight and
investigation of allegations of torture [6]. Prosecutors must have unimpeded access to

places of detention and be empowered to initiate prompt, impartial, and thorough
investigations into any credible allegations of torture [7].

Thirdly, it is important to improve the professionalism and legal culture of law

enforcement officers. Comprehensive human rights training programs, including the

absolute prohibition of torture, should be integrated into the curricula of law
enforcement academies and continuing education courses. Such training should

emphasize the importance of ethical behavior, the prohibition of forced confessions, and
the duty to report and prevent any acts of torture. Creating a culture of respect for human

rights in law enforcement is critical to ending torture and ensuring accountability.

Finally, the establishment of independent mechanisms to investigate allegations of

torture is of paramount importance. International best practices recommend the
establishment of an independent, impartial and effective national preventive mechanism

(NPM) in accordance with the Optional Protocol to the UN CAT (OP-CAT). The NPM must
have the power to conduct regular unannounced visits to all places of detention, access to

all necessary information and conduct private interviews with detainees [8]. It should
also have the power to make recommendations to the relevant authorities and monitor

their implementation. An independent and well-resourced NPM can serve as a vital
safeguard against torture and contribute to the prevention and early detection of such

practices.

2. Implementation of the right to freedom and inviolability of person in

criminal proceedings

The results of the study emphasize the significance of Article 27 of the Constitution

of Uzbekistan, which enshrines the right to freedom and inviolability of person,
stipulating that arrest, detention and other forms of restriction of freedom are

permissible only on the basis of the law and by court decision. This constitutional

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provision is aimed at preventing arbitrary deprivation of liberty and serves as the most

important guarantee of individual rights in criminal proceedings. The criminal
procedural legislation of the Republic of Uzbekistan establishes a strict procedure for the

application of preventive measures related to restriction of freedom.

Only a judge has the authority to decide whether to place someone in detention,

and, the period of time they can be held cannot be longer than 48 hours. In addition, the
detained person must be explained his rights and the grounds for detention in a language

he understands. These legislative provisions are consistent with international human
rights standards, which emphasize significance of judicial scrutiny and the entitlement to

receive quick notification of the grounds for arrest [9].

Nonetheless, the practical implementation of these guarantees has encountered

difficulties. There were cases of unjustified detention, failure to notify relatives in a
timely manner, and denial of access to legal assistance. These practices are contrary to

the principles of due process and undermine the effectiveness of the right to liberty and
security of person. The UN Human Rights Committee, in its concluding observations on

the fifth periodic report of the Republic of Uzbekistan, expressed concern about reports
of arbitrary arrests and detentions, as well as the lack of effective judicial control over the

lawfulness of detention [10].

To ensure the effective implementation of the right to freedom and security of

person, a number of measures must be taken. Firstly, it is extremely important to
strengthen judicial control over the lawfulness and validity of the use of preventive

measures. Judges are required to closely examine the justifications for a detention and
make sure that the requirements of necessity, proportionality, and reasonableness are

met [11]. They must also be able to issue orders for the release of people who unlawfully
or arbitrarily deprived of their liberty.

Secondly, it is imperative to ensure that detainees have prompt access to qualified

legal assistance [12]. Access to legal assistance from the outset of detention is a

fundamental guarantee against arbitrary detention and ill-treatment. To guarantee that
all detainees, regardless of their financial situation, have access to competent and

independent legal representation, legal aid programs must be reinforced. Attorneys must
have access to all pertinent case materials and be able to communicate with their clients

in confidentially.

Thirdly, it is vitally important to create effective mechanisms to challenge the

legality of detention [13]. Detainees must have the right to promptly challenge the
lawfulness of their detention before a competent, independent and impartial tribunal.

The court must have the power to order the release of a person if the detention is found
to be unlawful. In addition, detainees must have access to an effective remedy for any

violation of their rights, including compensation and rehabilitation.

Finally, strengthening the capacity and accountability of law enforcement and

investigative agencies to prevent arbitrary detention and ensure due process is critical.
Comprehensive human rights training programs, covering the rights to liberty and

personal security, ought to be made available to law enforcement personnel [14]. In
order to look into and handle any claims of illegal detention or procedural infractions, it

is necessary to reinforce internal monitoring systems and external, independent
oversight organizations.

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3. Ensuring the presumption of innocence in criminal proceedings

The results of the study highlight the importance of the presumption of innocence,

enshrined in Article 28 of the Constitution of the Republic of Uzbekistan, as a

fundamental principle of criminal justice and the most important guarantee of individual
rights in criminal proceedings. This constitutional provision prescribes that A person is

deemed innocent unless and until their guilt is shown beyond a reasonable doubt and
through a final court decision.

The prosecution bears the burden of proof, and any uncertainty that cannot be

disproved has to be interpreted in the accused's favor. It is not necessary for a suspect or

accused person to establish his innocence; instead, they are entitled to remain silent. In
addition, an admission of guilt in itself cannot serve as the sole evidence of guilt. These

legislative provisions are consistent with international human rights standards, which
emphasize the importance of the presumption of innocence as a fundamental component

of the right to a fair trial [15].

However, there have been challenges in putting the presumption of innocence into

practice. There have been instances of accusatory bias in the work of criminal
prosecution organizations, as well as the employment of illegitimate techniques to gather

evidence and coerce the accused into making confessions [16]. The presumption of
innocence and the fairness of criminal trials are at odds with these practices. The UN

Human Rights Committee, in its concluding observations on the fifth periodic report of
the Republic of Uzbekistan, expressed concern about reports of forced confessions and

the use of such confessions as evidence in court.

To ensure the effective implementation of the presumption of innocence, a number

of measures must be taken. First and foremost, it is critical to strengthen the procedural
activeness and independence of the judiciary [17]. Judges have a duty to actively evaluate

the prosecution's evidence and make sure the accused person's rights are upheld during
the trial. To enable judges to make unbiased decisions free from outside pressure and

influenced only by the law and the evidence, judicial independence must be reinforced.

Secondly, it's critical to enhance prosecutorial control over the admissibility of the

evidence. In order to make sure that evidence is gathered legally and that any evidence
gathered unlawfully is excluded from the case, prosecutors must carry out their oversight

role. Prosecutors should also refrain from using confessions that were allegedly obtained
through coercion or pressure. Increasing the capacity and professionalism of the

prosecutor's office is important to ensure the presumption of innocence and the integrity
of criminal proceedings [18].

Thirdly, it is necessary to eradicate the use of illegal investigative methods.

Appropriate investigative methods that uphold the presumption of innocence and

respect for human rights must be taught to law enforcement personnel. It is imperative
that any type of compulsion, including torture, be thoroughly investigated and punished

in order to prevent admissions. The establishment of independent oversight mechanisms,
such as a national preventive mechanism under the Optional Protocol to the Convention

against Torture, can help prevent and detect any abuses.

Ultimately, it is necessary to increase the efficiency of mechanisms for appealing

the actions of criminal prosecution authorities [19]. The accused must have access to
effective legal remedies to challenge any violation of his rights, including the

presumption of innocence. Complaint mechanisms must be independent, impartial and

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accessible, and the decisions of these bodies must be binding and enforceable.

Strengthening the presumption of innocence also requires bolstering the role of defense
attorneys and guaranteeing their capacity to successfully represent their clients.

4. Implementation of the right to qualified legal assistance

The findings of the study highlight the critical need of the right to qualified legal

assistance, guaranteed by Article 29 of the Constitution of the Republic of Uzbekistan, as

a key condition for fair criminal proceedings and effective protection of individual rights.

This constitutional clause guarantees everyone the right to legal representation at any

point during the proceedings, and in situations where the law permits it, legal

representation is given at the state's expense.

The procedural rights of defense lawyers were expanded, requirements for the

quality of legal assistance were established, and a system of free legal assistance for low-

income citizens was created. These measures are in line with international norms, which

highlight the significance of having access to knowledgeable and impartial legal counsel

as a basic human right and a crucial assurance of safety from infringement of human

rights [20].

However, problems remain in ensuring the full implementation of the right to

qualified legal assistance. Concerns have been raised regarding the legal profession's

independence, instances in which investigative authorities have obstructed the actions of

attorneys, and limitations placed on defense attorneys' access to their clients.

To fully realize the right to qualified legal assistance, several key measures must be

taken. First and foremost, it is critical to reinforce the guarantees of advocacy activity

[21]. To allow attorneys to perform their professional obligations free from interference,

harassment, or intimidation, the legal profession's independence must be protected in

both legislation and practice. Lawyers should have unrestricted access to their clients,

the freedom to speak with them in private, and the availability of all pertinent case

documents (materials). Any attempts to impede the activities of lawyers or undermine

their independence must be immediately investigated and eliminated [22].

Secondly, it is imperative to guarantee the genuine autonomy of the legal

profession. The legal profession needs to remain autonomous and unaffected by other

powers, such as the legislative and executive arms of government. Regulation of the legal

profession and bar admission must be open, impartial, and predicated on professional

skills and merit [23]. Disciplinary proceedings against lawyers must be conducted by an

impartial and independent div, respecting due process and the right of appeal.

Thirdly, it is necessary to create an effective mechanism for appointing defense

lawyers, especially for persons who cannot afford legal representation [24]. Legal aid

systems must be adequately funded and staffed with qualified and competent lawyers.

The appointment of lawyers must be carried out through a transparent and fair process,

taking into account the complexity of the case and the preferences of the accused.

Mechanisms must be in place to ensure the quality of legal aid services and to monitor

the work of appointed lawyers.

Fourthly, improving the quality of free legal aid is critical to ensuring equal access

to justice [25]. Lawyers should receive specialized training and have access to ongoing

professional development opportunities to enhance their skills and knowledge.

To maintain high standards of legal aid, quality assurance mechanisms such as peer

review and performance evaluation must be put in place. Attorneys must be provided

with adequate remuneration and resources to ensure their commitment and dedication

to effectively representing their clients.

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Finally, increasing liability for obstructing the activities of lawyers is a necessary

condition for protecting the right to qualified legal assistance. Any harassment,
intimidation, or interference with an attorney's professional duties ought to be illegal and

punished accordingly. Such obstruction complaints must be looked at quickly and
impartially, and the perpetrators must face consequences. Establishing an independent

mechanism of appealing for lawyers to report any violations of their rights or
professional duties can help prevent and remedy such incidents.

5. Ensuring lawfulness in the collection and use of evidence

The findings of the study highlight the significance of constitutional guarantees of

legality in the collection and use of evidence in criminal proceedings in the Republic of
Uzbekistan. Article 29 of the Constitution forbids the use of evidence gathered illegally,

and Article 31 safeguards the right to privacy, family and personal secrets, and the
secrecy of correspondence and communications. These rights can be limited only on the

basis of law and by court decision.

Evidence that was gathered illegally is regarded as inadmissible and cannot serve

as the foundation for a charge. A judge must rule on any investigative measures that
curtail constitutional rights, including communications control, seizures, and searches.

These legislative provisions are in line with international standards, which emphasize
the importance of lawfully collecting evidence and excluding evidence obtained in

violation of human rights. The use of evidence obtained by torture is specifically
forbidden by the UN Convention against Torture and Other Cruel, Inhuman, or Degrading

Treatment or Punishment.

Nevertheless, there have been challenges in putting these legal guarantees into

practice. There have been instances of evidence falsification, the use of illicit means to
gather evidence, and procedural violations [26]. The integrity of criminal procedures and

the right to a fair trial are undermined by such practices. The UN Human Rights Committee,
in its concluding observations on the fifth periodic report of Uzbekistan, expressed concern

about reports of forced confessions and the use of torture to obtain evidence.

There are several steps that need to be performed to guarantee the legitimacy of

the gathering and application of evidence. First and foremost, it is critical to bolster
judicial and prosecutorial oversight of investigation activities [27]. Judges must carefully

review the legality of evidence presented in court and exclude any evidence obtained
illegally. In order to make sure that investigations are conducted legally and that any

infractions are quickly remedied, prosecutors must strengthen their supervisory role.
Strengthening the capacity and independence of the judiciary and prosecutorial

authorities is essential to ensure effective oversight.

Secondly, improving the effectiveness of mechanisms for excluding inadmissible

evidence is important. Legislation should provide clear and comprehensive rules for the
exclusion of evidence obtained in violation of human rights, including torture, coercion,

and unlawful searches or seizures. Judges must be trained to apply exclusionary rules
and evaluate the legality of evidence. Defense attorneys must be able to challenge the

admissibility of evidence and request its exclusion

Thirdly, a prerequisite to guaranteeing the admissibility of evidence is the

establishment of a genuinely adversarial procedure and the equality of the parties [28].
All pertinent evidence must be available to the defense, which must also be able to

provide proof to back up the accused. All exonerating evidence must be promptly

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provided to the defense by the prosecution. There must be safeguards in place to

guarantee that the defense has enough time and resources to gather and present its case.
Strengthening the role and capacity of defense lawyers is critical to ensuring their ability

to effectively challenge illegal evidence.

Finally, establishing strict liability for the falsification of evidence and the use of

illegal investigative methods is necessary to prevent and punish such practices. Officials

who fabricate evidence or use coercion, torture, or other illegal methods to collect

evidence should be subject to appropriate penalties under criminal legislation.

Disciplinary action must be taken against law enforcement officers who violate

procedural requirements or commit official misconduct. The establishment of

independent oversight mechanisms, such as a national preventive mechanism under the

Optional Protocol to the Convention against Torture, can help investigate and address

any allegations of unlawful collection of evidence.

6. Protecting the rights of victims and ensuring access to justice

The results of the research highlight the importance of protecting the rights of

victims and ensuring their access to justice, as guaranteed by the Constitution of the

Republic of Uzbekistan. Article 29 of the Constitution provides for the protection of the

rights of victims of offenses and obliges the state to provide them with access to justice

and create conditions for compensation for the harm caused. These constitutional clauses

acknowledge the crucial role that victims play in the criminal justice system and the

state's obligation to defend their rights and interests.

An analysis of legislation and practice in the Republic of Uzbekistan reveals that

measures have been taken to strengthen the legal status of victims and expand their

procedural rights. The Code of Criminal Procedure stipulates that the investigator must

take steps to make up for the harm that the crime has caused, and also allows the state to

potentially compensate victims of specific types of crimes for their losses. These

legislative changes are in line with international standards, which emphasize the

importance of victims' participation in criminal proceedings, the right to be treated with

respect and dignity, and the right to receive compensation for harm suffered.

In actuality, there are still issues with guaranteeing victims' rights to justice and

full implementation of those rights. Inadequate support and protection measures, poor

attention to victims' rights and legitimate interests, and inefficient investigations have all

been documented [29]. The UN Human Rights Committee, in its concluding observations

on the fifth periodic report of Uzbekistan, expressed concern about the lack of effective

legal remedies for victims of human rights violations and insufficient measures to protect

victims and witnesses.

To guarantee victims' access to justice and to a stronger protection of their rights, a

number of crucial actions are required. First and foremost, it is crucial to make victims

and their representatives more involved in the procedural actions [30]. Victims should be

provided with comprehensive information about their rights, the criminal process and

available support services. They must have the right to be heard, present evidence, and

participate in key stages of the process, such as plea bargaining, sentencing, and parole

hearings. In order for victims to effectively engage in the process, it is imperative that

they receive legal aid and representation, should they be unable to pay for it.

Secondly, it's critical to make sure that the victim's position is promptly

acknowledged and their rights are made clear [31]. Victims must be quickly identified

and acknowledged by law enforcement, given written notice of their rights, and directed

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to the proper support services. It is important to treat victims with empathy, dignity, and

consideration for their unique needs and vulnerabilities. Protecting and assisting child

victims, victims of sexual assault, and other vulnerable groups requires special

procedures.

Thirdly, it is necessary to create effective mechanisms for appealing the actions of

investigative authorities to protect the rights of victims [32]. In order to report any
misbehavior, carelessness, or infringement of rights by law enforcement personnel,

victims must have access to an independent and impartial complaints procedure. Victims
must be notified of the investigation's progress and conclusions, and complaints must be

looked into quickly and completely. Victims of violations must have access to legal
remedies, such as restitution and disciplinary action against offenders.

Fourthly, in order to provide sufficient compensation for victims of crimes, it is

imperative to broaden the state's compensation mechanism for harm caused by crimes.

The government needs to set up a thorough compensation program with adequate
funding that covers a wide range of offenses and gives victims prompt, equitable

recompense. The application process should be simple, accessible and widely known, and
victims should be assisted in completing the necessary paperwork. Compensation must

cover both tangible and intangible damages, such as medical expenses, lost wages, and
psychological harm.

Finally, in order to guarantee accountability and stop additional victimization, it is

crucial to make officials more accountable for their violations of victims' rights. Criminal

and disciplinary actions should be taken against officials who violate victims' rights, act
improperly, or make it difficult for victims to get justice. It should be the right of victims

to participate in any disciplinary or criminal proceedings against accountable officials
and to be notified of such actions. Law enforcement personnel, the judiciary, and other

pertinent officials must be made more aware of the needs and rights of victims through
training and educational initiatives.

CONCLUSION

Based on the analysis of constitutional guarantees of individual rights in criminal

proceedings in the Republic of Uzbekistan, the following conclusions have been
developed:

1. The constitutional prohibition of torture and cruel, inhuman or degrading

treatment, enshrined in Article 26 of the Constitution of the Republic of Uzbekistan, is a

fundamental guarantee of the protection of individual rights in criminal proceedings.
Even though laws have been passed to make torture illegal and to enhance oversight of

detention facilities, more work is required to end the practice entirely. This work should
focus on strengthening the independence and capabilities of prosecutors, developing

efficient investigative techniques, and encouraging law enforcement personnel to uphold
the human rights.

2. The right to liberty and security of person guaranteed by Article 27 of the

Constitution is critical to preventing arbitrary detention and ensuring due process in

criminal proceedings. The Republic of Uzbekistan has established strict procedures for
the application of custodial measures, with judicial authorization required for detention

for more than 48 hours. However, challenges remain in ensuring effective judicial review,
timely access to legal assistance, and mechanisms to challenge the lawfulness of

detention.

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3. The foundation of criminal justice and the primary protection of individual

rights is the presumption of innocence, which is protected by Article 28 of the
Constitution. Despite this principle being included in Republic of Uzbekistan legislation,

issues with accusatory prejudice, using illicit means to gather evidence, and coercing
defendants into making confessions continue to be raised. Upholding the presumption of

innocence in practice requires tightening accountability for wrongdoing, bolstering the
adversarial character of legal proceedings, and enhancing the independence and

capability of the judiciary.

4. The right to qualified legal assistance, guaranteed by Article 29 of the

Constitution, is a key condition for fair criminal proceedings and effective protection of
individual rights. The Republic of Uzbekistan established a system of free legal aid for

needy defendants and increased the procedural rights of defense attorneys. However,
issues with maintaining the legal profession's independence, stopping meddling in

attorneys' activity, and raising the standard of legal aid services still exist. Strengthening
the safeguards of the legal profession, establishing effective appointment mechanisms

and providing adequate resources and training are critical to realizing the right to
qualified legal assistance.

5. The integrity of criminal procedures and the protection of individual rights

depend on the legitimacy of evidence gathering and utilization, as guaranteed by Articles

29 and 31 of the Constitution. The Republic of Uzbekistan's laws forbid the use of
evidence gathered illegally and call for court approval before conducting any

investigations that infringe against constitutional rights. Nonetheless, there have been
documented instances of evidence manipulation, the employment of illicit techniques,

and procedural infractions. Strengthening judicial and prosecutorial control, enhancing
the efficacy of regulations pertaining to the exclusion of evidence, ensuring genuine

adversarial procedures, and establishing stringent accountability for crimes committed
by officials are all important to ensure the authenticity of evidence.

6. A fair and efficient criminal justice system must safeguard victims' rights and

provide them with access to justice, as required by the Constitution. Uzbekistan has taken

action to improve victims' legal standing, increase their access to procedural rights, and
establish systems for public compensation. However, challenges remain in ensuring

effective victim participation, timely recognition of their status, creating accessible
complaint mechanisms, expanding the scope of government compensation, and holding

officials accountable for violations of victims' rights.

7. Constitutional guarantees must be implemented effectively through an

integrated strategy that considers both practical and legislative factors. Despite the fact
that the country has made progress in bringing its legislation into line with international

human rights standards, gaps and inconsistencies remain. Further legislative reforms are
needed to fully incorporate constitutional principles, clarify procedures and strengthen

safeguards. A special focus should be on establishing international norms for the
definition and criminalization of torture, expanding the scope of judicial review and

strengthening the independence and capacity of key institutions.

8. A robust system of constitutional guarantees must enable access to effective

remedies and reparation for abuses of individual rights. Mechanisms for challenging the
lawfulness of detention, excluding illegally obtained evidence, and seeking compensation

for unlawful government actions must be accessible, effective, and independent. To help

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people exercise their rights and seek justice, it is imperative to develop efficient

complaint and oversight mechanisms, strengthen the position and capabilities of defense
attorneys, and provide access to legal aid services.

REFERENCES:

1.

2021 Country Reports on Human Rights Practices: Uzbekistan. BUREAU OF

DEMOCRACY, HUMAN RIGHTS, AND LABOR. https://www.state.gov/reports/2021-

country-reports-on-human-rights-practices/uzbekistan/

2.

Apóstolo, Joana & Liberado, Pedro & Das Neves, Pedro. (2021). The Right to

Legal Aid in the Context of International Judicial Cooperation: Towards the Improvement
of Equal Access to Justice for All?.

11. рр. 15

-22.

3.

Susana Galera Rodrigo (2015). The right to a fair trial in the European Union:

lights and shadows.

Revista de Investigações Constitucionais, Curitiba, vol. 2, n. 2, p. 7

-29.

4.

Hamilton, Claire, Whittling the ‘Golden Thread’: The Presumption of Innocence

and Irish Criminal Law (2007). Justice in Controversy, Mike Milotte and Donncha

O’Connell, eds., Dublin: Irish Academic Press.

5.

M. Caianiello, Criminal Process faced with the Challenges of Scientific and

Technological Development, in EUROPEAN JOURNAL OF CRIME, CRIMINAL LAW &
CRIMINAL JUSTICE, ISSN: 1571-8174, vol. 27 (2019), pp. 265-269.

6.

Hodgson, Jacqueline S. and Cape, Edward, The Right to Access to a Lawyer at

Police Stations: Making the European Union Directive Work in Practice (May 18, 2015).

New Journal of European Criminal Law, Vol. 5, Issue 4, 2014, Warwick School of Law
Research Paper No. 2015/11.

7.

Hodgson, Jacqueline S., The Role of Lawyers During Police Detention and

Questioning (April 18, 2015). Contemporary Readings in Law and Social Justice Volume

7(2), 2015, pp. 7

–

16.

8.

Celiksoy, Ergul. (2018). Ibrahim and Others v. UK: Watering down the Salduz

principles? 9. 229

–

246.

9.

Brosseau, Jonathan, The Right to a Fair Trial in International Law by Amal

Clooney and Philippa Webb (Book Review) (July 1, 2021). (2021) 20:3 The Law &
Practice of International Courts and Tribunals 642-646.

10.

CCPR/C/UZB/CO/5: Human Rights Committee: Concluding observations on the

fifth periodic report of Uzbekistan. 30 April 2020.

11.

Kiejnich-

Kruk, Karolina & Wiliński, Paweł. (2023). Right to Effective Legal

Remedy in Criminal Proceedings in the EU. Implementation and Need for Standards.

Review of European and Comparative Law. 54.

12.

Papakonstantinou, Vagelis & Hert, Paul. (2016). The New Police and Criminal

Justice Data Protection Directive: A First Analysis. New Journal of European Criminal
Law. 7.

13.

Ginter, Jaan & Soo, Anneli. (2012). The Right of the Suspect to Counsel in Pre-

trial Criminal Proceedings, Its Content, and the Extent of Application. Juridica

International. 19. рр. 170 –

178.

14.

Knickmeier, Susanne. (2019). Securing a Fair Trial Through Exclusionary

Rules: Do Theory and Practice Form a Well-Balanced Whole?. 10.

15.

Jackson, John D. “Responses to Salduz: Procedural Tradition, Change and the

Need for Effective Defence.” The Modern Law Review, vol. 79, no. 6, 2016, pp. 987–

1018.

Жамият

ва

инновациялар

–

Общество

и

инновации

–

Society and innovations

Issue

–

5

№

4 (2024) / ISSN 2181-1415

154

16.

Gutnyk, Vitalii. (2022). The Right to Defence in Criminal Proceedings:

International Law Aspects.

Teisė. 124. рр. 94

-106.

17.

Mitsilegas, Valsamis & Vavoula, Niovi. (2016). The Evolving EU Anti-Money

Laundering Regime: Challenges for Fundamental Rights and the Rule of Law. Maastricht

Journal of European and Comparative Law. 23. рр. 261

-293.

18.

Kilkelly, Ursula. (2010). Protecting Children’s Rights Under the ECHR: The Role

of Positive Obligations. The Northern Ireland legal quarterly. 61.

19.

Peers, Steve, 'Introduction', EU Justice and Home Affairs Law: Volume II: EU

Criminal Law, Policing, and Civil Law, 4th edn (Oxford, 2016; online edn, Oxford

Academic, 18 Aug. 2016).

20.

Pivaty, Anna. (2019). Criminal Defence at Police Stations: A Comparative and

Empirical Study.

21.

Thielgen M.M., Schade S., Niegisch P. Police Officers' Interrogation Expertise

and Major Objectives in Police Service and Training: A Comprehensive Overview of the
Literature. Front Psychol. 2022.

22.

Rafaraci, Tommaso & Belfiore, Rosanna. (2019). EU Criminal Justice

Fundamental Rights, Transnational Proceedings and the European Public Prosecutor's

Office: Fundamental Rights, Transnational Proceedings and the European Public
Prosecutor's Office.

23.

Galera, Susana. (2015). The right to a fair trial in the European Union: Lights

and shadows.

Revista de Investigações Constitucionais.

24.

Ruggeri, Stefano. (2013). Transnational Inquiries and the Protection of

Fundamental Rights in Criminal Proceedings: A Study in Memory of Vittorio Grevi and

Giovanni Tranchina.

25.

Vitalii Gutnyk. The Right to Defence in Criminal Proceedings: International Law

Aspects. Vilnius University Press. 2022, Vol. 124, pp. 94

–

106.

26.

Pollicino, Oreste and Bassini, Marco, Personal Participation and Trials in

Absentia. A Comparative Constitutional Law Perspective (May 31, 2019). S. Ruggeri, S.
Quattrocolo (eds), Personal participation in criminal proceedings. A comparative study of

participatory safeguards and in absentia trials in Europe, 2019, Forthcoming.

27.

Ragone, Alvaro & Torres, Fernando. (2022). La paridad de armas en el proceso

civil/ The parity of arms in the civil process.

Ius et Praxis. 28. рр. 263

-285.

28.

Ivory, Radha, The Right to a Fair Trial and International Cooperation in

Criminal Matters: Article 6 ECHR and the Recovery of Assets in Grand Corruption Cases
(September 26, 2013). Utrecht Law Review, Vol. 9, No. 4, p. 147-164, September 2013.

29.

Bachmaier Winter, Lorena. The European Public Prosecutor's Office: The

Challenges Ahead. 1st ed. 2018. 279 p.

30.

Perez, Michel, The Rise and Globalization of Negotiated Settlements: How an

American Procedure, the Deferred Prosecution Agreement (DPA), Became a

Transnational Key Tool to Fight Transnational Corporate Crimes (March 30, 2020). Rule
of Law and Anti-Corruption Center Journal, Volume 2020, Issue 1.

31.

F. Joseph Warin et al., Gibson Dunn, 2019 Year-End Update on Corporate Non-

Prosecution Agreements and Deferred Prosecution Agreements (2020).

32.

Rani John et al., Analysing the Crimes Legislation Amendment (Combatting

Corporate Crime) Bill 2019, Ashurt (Dec. 5, 2019).