THEORETICAL ASPECTS IN THE FORMATION OF
PEDAGOGICAL SCIENCES
International scientific-online conference
59
ANALYSIS OF THE LEGAL BASIS OF THE WANTED LIST IN THE
INVESTIGATION OF CRIMES
Bolatbayev Odiljon Rakhimovich
Chief Legal Adviser of the Legal Support Group of the Organizational
Department of the Academy of the Ministry of Internal Affairs
https://doi.org/10.5281/zenodo.13986047
Criminal legislation is aimed at protecting the rights and freedoms of the
individual from criminal encroachments. In accordance with the Code of
Criminal Procedure of the Republic of Uzbekistan, the inquirer, investigator and
prosecutor take all measures provided for by law to establish the event of the
crime, disclose the person or persons guilty of committing the crime.
In accordance with the criminal procedure legislation, the bodies of inquiry
are obliged to take all necessary measures aimed at establishing the location of
the accused. In turn, the legal scientist A.P. Gulyaev stressed that the search for
the accused, whose whereabouts are unknown, is one of the most important
search functions of the investigator.
One of the priority areas of activity of the internal affairs bodies is the
search for persons hiding from the bodies of inquiry, investigation and court,
evading criminal punishment.
At the same time, the search for certain categories of persons is considered
as an independent direction in the fight against crime. To date, the
administration of justice against fugitives from the investigation, investigative
authorities and the court, evading criminal punishment, creates significant
difficulties for law enforcement agencies. So, in 2024 alone, more than 11
thousand people were put on the wanted list, 37% of whom were detained as a
result of operational measures. However, the remaining 63 percent of persons
are still hiding from the bodies of inquiry, investigation and court. Most of these
people left for another country (Russia, Kazakhstan, Turkey).
The legal content of the search case consists of the norms contained in the
acts of the current legislation, as well as in by-laws.
In accordance with article 15 of the Constitution of the Republic of
Uzbekistan, generally recognized principles and norms of international law and
international treaties signed by the Republic of Uzbekistan are an integral part
of its legal system and must be applied in the State.
This means that law enforcement agencies are obliged to comply with these
principles and norms when performing their duties and conducting operational
THEORETICAL ASPECTS IN THE FORMATION OF
PEDAGOGICAL SCIENCES
International scientific-online conference
60
search activities (operational search activities) within the framework of search
activities.
If the implementation of international treaties does not require special
domestic legislation, law enforcement agencies can apply these treaties directly
in the performance of their duties.
Despite the fact that the Constitution does not contain direct instructions
for conducting investigative measures, a number of its norms directly regulate
the conditions for conducting operational investigative measures that restrict
the constitutional rights of citizens. Law enforcement agencies conducting a
search must comply with these standards and take them into account when
carrying out operational search activities.
The following normative legal acts, revealing some features of investigative
activities, is the Criminal Procedure Code of the Republic of Uzbekistan. If the
location of the accused is unknown, the investigator is obliged to take all
necessary measures to establish his whereabouts, and, if necessary, to declare a
search for him, provided for in part 1 of Article 365 of the Code of Criminal
Procedure.
After the termination of the preliminary investigation process (Article 364)
and even if it continues, the investigator sends information about the accused to
the pre-trial investigation bodies, which, on the basis of a special resolution,
begin a search for the person who has disappeared from the preliminary
investigation. In turn, on the basis of the norms of article 16 of the Law "On
Internal Affairs Bodies", employees of internal affairs bodies are obliged to
conduct a search.
The Law of the Republic of Uzbekistan "On operational investigative
activities", adopted on December 25, 2012, is one of the main legislative acts
regulating the legal issues of the organization of investigative work. This law
regulates not only the main tasks of operational investigative activities, but also
the tasks of the search, including "the search for persons who have fled from the
bodies of inquiry, investigation and court, evading criminal punishment, as well
as the search for missing persons."
The search task can be both the next stage of operational investigative
activities carried out after the disclosure of a crime, and an integral part of the
crime detection activity.
The procedures and rules related to investigative activities, including the
duties of the bodies carrying out operational investigative activities, are
established by article 13 of the Law "On Operational Investigative Activities".
THEORETICAL ASPECTS IN THE FORMATION OF
PEDAGOGICAL SCIENCES
International scientific-online conference
61
Conducting investigative activities involves searching for the whereabouts
of persons who have fled from the bodies of inquiry, investigation and court or
who are evading criminal prosecution, as well as searching for missing persons.
The purpose of the search is to identify these persons for the subsequent
application of legal measures to them, including civil law or other measures
provided for by law.
The task of tracing is different from identifying the perpetrators of crimes.
The search for these persons is carried out on the facts of already known crimes
and in relation to specific persons known to operational, investigative units.
Operational investigative activities serve as an integral part of investigative
work, helping to achieve search goals.
For successful investigative work, it is important to use operational
investigative measures - their list is established by article 14 of the Law "On
Operational Investigative Activities".
Summing up, it should be noted that an independent area of operational
investigative activity is search work based on the norms of international law, the
current legislation of the Republic of Uzbekistan, a system of organizational,
procedural, operational investigative and other special measures carried out by
authorized bodies in close cooperation.
References:
1.
Гуляев А. П. Следователь в уголовном процессе / А. П. Гуляев. — М.:
Юрид. лит., 1981. — 192 с.
2.
https://stat.uz/ru/
3.
30.04.2023. The Constitution of the Republic of Uzbekistan //
lex.uz/docs/6445147
4.
22.09.1994 Criminal Procedural Code of the Republic of Uzbekistan
5.
Law of the Republic of Uzbekistan “On internal affairs bodies”
https://lex.uz/mact/3027843
6.
Law of the Republic of Uzbekistan “On operational-search activities”,
25.12.2012 йилдаги ЎРҚ-344-сон https://lex.uz/docs/2107763
7.
Саъдуллаев Г., Собиров Ж. АНАЛИЗ ОПЫТА ЗАРУБЕЖНЫХ СТРАН ПО
ОБЕСПЕЧЕНИЮ ОХРАНЫ ИНФОРМАЦИОННОЙ БЕЗОПАСНОСТИ ЛИЧНОСТИ
//Евразийский журнал академических исследований. – 2024. – Т. 4. – №. 5
Part 3. – С. 54-59.
8.
Саъдуллаев Г. А. У., Хамракулов Л. Э. У. ГОСУДАРСТВЕННАЯ
ПОЛИТИКА РЕСПУБЛИКИ УЗБЕКИСТАН В ОБЛАСТИ ПРОТИВОДЕЙСТВИЯ
ПРЕСТУПЛЕНИЯМ В СФЕРЕ ЦИФРОВЫХ ТЕХНОЛОГИЙ И БЕЗОПАСНОСТИ
//Eurasian Journal of Academic Research. – 2024. – Т. 4. – №. 5-3. – С. 83-87.
