The USA Journals Volume 03 Issue 12-2021
76
The American Journal of Political Science Law and Criminology
(ISSN
–
2693-0803)
Published:
December 22, 2021 |
Pages:
76-88
Doi:
https://doi.org/10.37547/tajpslc/Volume03Issue12-12
I
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2021:
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‘
ABSTRACT
The article deals with the development of the institution of expertise, improving the activities of
experts. And also the issues of improving the criminal procedural legislation related to the institution
of expertise are being considered.
KEYWORDS
Expertise, Code Of Criminal Procedure, The Expert, The Purpose Of The Examination, Examination,
Expert, Expertise.
INTRODUCTION
Objects and the issues resolved by expertise.
The object of expertise is a comprehensive
element, and it has important theoretical and
practical values. Objects of expertise identifies
of types of expertise is an important aspect
and helps for the successful end of research.
For permission of questions raised before the
expert an important element is definitions of
object of research.
If to turn attention to the Uzbek explanatory
dictionary "object" from Latin "objectum" –
designates "thing", "activity of the person
The Ways Of Improvement Of Activity Of Experts And
Research Of Objects Of Expertise On Criminal Cases.
Astanov Istam Rustamovich
Professor Of The Academy Of The General Prosecutor's Office Of The Republic Of Uzbekistan
Astanov Shuxrat Rustamovich
Judge For Civil Cases Of Yukori Chirchik Region, Uzbekistan
Journal
Website:
https://theamericanjou
rnals.com/index.php/ta
jpslc
Copyright:
Original
content from this work
may be used under the
terms of the creative
commons
attributes
4.0 licence.
The USA Journals Volume 03 Issue 12-2021
77
The American Journal of Political Science Law and Criminology
(ISSN
–
2693-0803)
Published:
December 22, 2021 |
Pages:
76-88
Doi:
https://doi.org/10.37547/tajpslc/Volume03Issue12-12
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directed regarding".
1
It to mean that, object
is the directed things for research.
Feature of object of expertise in that that it is
provided by persons appointing expertise.
For definition of object of expertise between
scientists still there are disputes. If some
scientists think that the expert it is necessary
to send all materials of criminal case for
research and it is object of research, and some
are sure that it is necessary to send only the
most necessary, key objects for research which
could help achievement of the necessary
result.
The transferred data the expert can be divided
into 3 categories:
a)
Material materials, location of images,
withdrawal method;
b)
Initial data which purpose of expertise
was a basis for the resolution;
c)
Main materials of research. It to mean
that all information is object of
expertise but only which can give
information about a crime or for
identification break a situation.
In the course of an assessment of the carried-
out expertise it is necessary to turn attention
to a source, reliability of information, to
method research.
1
Узбекский толковый словарь / под редакцией
А.Мадвалиева. Т.2. – Ташкент: “Национальная
энциклопедия Узбекистана ” Государственная
научная редакция, 2006. – С.77.
2
Аверьянова Т.В. Интеграция и дифференциация
научных знаний как источники и основы новых
From this communication it is necessary to
distinguish "an expertise subject" from "object
of expertise". In scientific literatures is said
that the object is communication of
established facts with a studied situation. For
example, if an object of research is the knife,
object is the cold weapon. It means that the
subject is concretes a thing which were
granting for research, and the object is group
to which the subject belongs.
2
Except of it the thing can be a subject concrete
and its process of identification and
diagnostics is object of studying.
3
The subject research which is material
evidence can beat object of several expert
directions.
For example, the document can be object of
research and accounting expertise and
expertise of manuscripts.
Relying on fistula told it is possible to draw a
conclusion that the subject is a thing which to
belong to a crime and information on a
concrete situation and object is methods and
specifics its research.
Except of its object of expertise can be not only
materiality and a spiritual state.
For disclosure of essence of expertise, it is
important classification of objects of expertise.
Classification of objects can be divided on
theoretical and practical, classification of
objects there is a speech in the first case about
classification of concepts, of the second.
методов судебной экспертизы. – М.: Академия
МВД России, 1994. – С.85.
3
Кирсанов З.И. Функции эксперта и специалиста
в установлении обстоятельств уголовного дела //
Информационный
бюллетень
Академия
управлении МВД России. – Москва, 1998. – № 6. –
С.5.
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In legal literatures objects of expertise, it is
classified on some groups. For example,
D.Ya.Mirsky divides classification of objects of
expertise on the 2nd the basis:
4
1)
On procedural (proof) nature;
2)
By the nature of things. T.P. Averyanova
of objects of expertise classifies on
identifying and identified.
5
Except above stated objects of expertise, it is
possible to classify on 3 groups: the main
object (proofs connected with a crime event),
comparative
materials
(samples
for
comparative research), materials giving
information
(procedural
documents,
protocols).
The known criminalist R. S. Belkin considers
that the object of expertise is shared on
concrete and uniform.
6
In other sources the
object is shared into the general, uniform and
concrete.
7
M.N. Rostov adds on above stated I will give
out objects and direct object.
8
From above stated opinions it is possible to
draw a conclusion that objects of expertise
share on 4 looks:
1)
The general object – all witnesses and
information source.
2)
Uniform object – witnesses about group of
objects.
3)
Concrete object – information about a
concrete, one crime.
4
Мирский Д.Я. Некоторые теоретические
вопросы классификации объектов судебной
экспертизы, их свойства и признаки // Сборник
научных трудов. – M.: ВНИИСЭ, 1986. – С.55.
5
Аверьянова Т.В., Белкин Р.С., Корухов Ю.Г.,
Россинская Е.Р. Криминалистика: Учебник для
вузов / Под. ред. Р.С. Белкина. – М.: НОРМА, 2002.
– С. 90.
6
Белкин Р.С. Курс криминалистики. – М.: Норма,
1997. Т.3. – С. 67.
4)
Direct object – information about is
frequent object. It follows from a question
put before the expert.
Except of it one object of research can be
object for studying of several types of
expertise. For example, which letter found on
a crime scene it can be used as object of
criminalistics studying of the document or as
object of dactyloscopy expertise.
Objects of expertise share still procedural to a
form on some groups. In the first group belong
objects of the procedural nature. These
objects the second object by the ware nature
which is withdrawn about a crime scene is
studied and estimated in the course of
preliminary investigation and the court.
Criminal procedural the code in article 175 it is
devoted to objects of expertise. Material
evidences, samples for expert research, other
material objects, corpses and their parts,
documents, and also case papers on which
expertise is carried out can be objects of
research. Expert researches are conducted
also concerning the live person.
By production of expertise objects of research
(except the live person) can be damaged or
spent only in that measure in what it is
necessary for carrying out expert research.
Thus, it is necessary to get the written
permission of the div (face) which has
appointed expertise, for partial damage or an
expenditure of object of research, except for
7
Аверьянова Т.В. Статкуса В.Ф. Эксперт.
Руководство для экспертов органов внутренних
дел. – М.: НОРМА, 2003. – С. 307.
8
Ростов
М.Н.
О
содержании
понятий,
обозначаемы терминами «объект (экспертизы,
экспертного
исследования)»,
«качество»,
«свойство» и «признак» // Методология судебной
экспертизы. Сб. науч. статей. – М.: ВНИИСЭ, 1986.
– С. 42.
The USA Journals Volume 03 Issue 12-2021
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cases when features of the appointed
expertise assume damage (damage) or object
expenditure.
Damage or expenditure of objects of the
research, made with the written permission of
the div (face) which has appointed expertise,
or connected with features of the appointed
expertise, doesn't involve compensation of
damage to the owner of these objects the
public judicial and expert institution, other
enterprise, establishment, the organization or
the expert.
Objects of research if their dimensions and
properties allow, have to be transferred to the
expert in the packed and sealed look.
At impossibility of delivery of object of
research to a place of work of the expert the
div (face) which has appointed expertise,
provides it easy access to this object and
possibility of its research.
Objects of research are stored in the public
judicial and expert institutions, bodies of
inquiry, preliminary investigation, prosecutor's
office and vessels by rules of storage of
material evidences.
After completion of expertise objects of
research if they are spent not completely,
come back to the div (face) which has
appointed expertise.
On procedural aspects objects of expertise
share on the following types:
1)
Objects which were found by means of
activity of experts (in the course of
dactyloscopy, tassology, ballistic research);
9
Отахўжаев С.А. Эксперт хулосасининг далилий
а
ҳ
амияти // Эксперт хулосаларининг далилий
мо
ҳ
ияти: Республика идоралараро илмий-амалий
конференция материаллари. – Тошкент, 2010. – Б.
3.
2)
Documents relating to criminal case (at
judicial and accounting, fire and technical,
construction expertise);
3)
Proofs revealed when checking live
persons (it is judicial - medical, forensic-
psychiatric, judicial and psychological
expertise). It is possible to bring the
suspects accused in group of these
persons, the victim, witnesses;
4)
Objects which have no procedural status,
this object it is possible to bring corpses, an
event place.
Research includes the main group of objects
persons, animals, subjects, materials and
traces of crime.
Based on above stated information we will
consider the most main objects of expert
research:
9
1)
Watch are the traces left into place a crime
and being the basic I will give out proofs.
They share on the following objects:
Prints of hands – to them it is possible
to bring traces of fingers of hands and
a palm. By means of these traces it is
possible to find out a sex, age, group
bloodы the criminal. Today prints of
hands are the main means of
identification and identification of the
criminal. Fingerprints can remain on a
surface till 10 years. They can be
identified rare at 400о by number to a
heat;
10
Traces of feet – they are called as
"habitual"
traces
because
on
importance they stand on more
exactly from research of prints of
hands. It is possible to determine
10
Пайзуллаев
Қ
.П. Зўрлик ишлатиб содир
этиладиган жиноятлар. Ў
қ
ув
қ
ўлланма. –
Тошкент: ТДЮИ, 2009. – Б. 71.
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growth, a floor, style by a trace of feet
gait, knowledge of the criminal of an
event place;
Traces of nails and teeth – in certain
cases about a crime scene there is
traces of teeth left in cigarettes,
products a food, on a div of the
person. These traces are made by 5%
from total amount of traces. They are
withdrawn, is measured, identified. If
there is a database in a form jaws and
teeth of people that the trace is
identified. Sometimes address to
experts – stomatology personals for
information.
And from traces of nails, it is possible to take
information about pressure and about
quantities and length of nails;
Other traces – about a crime scene
can be found still traces of lips,
clothes, elbows. They aren't the
main objects research, but their
withdrawals can give additional
information about a crime.
2)
Liquids and biological allocations – they too
in the we say lies share on some types:
Shelter – watch blood it is the most
important element which can give
information on the criminal. These
traces generally remain in crimes
connected with violence. 60% of
cases murders by objects of a crime
to serve the shelter of the person.
These traces can beat and in micro
forms.
Their
stays
can
be
accompanied with some difficulties
because light of blood can be
adopted to color of a surface.
Traces blood it is possible will
reveal by means of different
beams, for example, an ultraviolet;
Sperm – in sexual crimes to form
for information the basis sperm
traces. These traces can remain on
a div of the victim and in it
clothes. These traces are object is
judicial – biological expertise;
Saliva – today these traces are very
important component of research
of objects of a crime. From their
help it is possible to reveal a floor,
diseases, group кровы the criminal;
Hair – if to mean that from the
person in day falls to 100 hair and it
is possible to define a sex, age by
the found hair, diseases of the
criminal.
3)
Micro objects – to them can be brought:
elements of glass, metal, soil.
4)
Corpse – a corpse is investigated by a
forensic medical expertise. This expertise
gives information on time, a way and about
the crime tool.
5)
Documents – it is generally used in
economic
crimes,
at
falsification
documents, money.
6)
The person – its mental or a physical state.
Here defined possibilities of the criminal
person in committing crimes.
In summary it is possible to say that the object
is an important element of research of crime.
Legal expert status and issues of development
relations with actors in the process.
Expert status in the conduct of criminal cases
up to the present stage of development has a
number of changes. In current history our State
has been appointed a legal expert status.
Under the present legislation, as expert can be
convened any physical person who has special
knowledge of the science, technology, culture
or the skill to give a conclusion. As we became
witnesses in the legislation in a designation of
concept of the expert the main attention is
given in possession in different areas of
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knowledge of the person.
11
It is necessary to
examine closely concepts of persons who have
special knowledge. The use of special
knowledge enters to the authority of the
persons who have the special Legal status, that
is, experts. Although the Court or the
investigator may not take into account expert
opinion, but they are not personally
giving expert conclusion. It means, persons
with special knowledge are subject of the
expertise. Naturally, the Court or the
investigator must ensure that the person
appointed as an expert really possesses special
knowledge. Because the current scientific and
technological advanced society must carefully
assess the knowledge of subject of the
expertise.
12
Possession of knowledge in the
certain area needs to be distinguished
subjective knowledge. In evaluating the
conclusions of the expert, it should be
complied objectivity
13
. Evaluating by court or
the inspector of knowledge of the expert has
official value. The diploma, the certificate
confirms competence of the expert of the
certain area.
14
In the legal literature are given different
designations.
In
particular,
T.V. Averyanova believes expert is having
respective rights and obligations of the
11
Yu.K. eagles use of special knowledge in criminal
legal proceedings: Manual. Vyp. 1 . – M.: MGYuA,
2004. – Page 8.
12
Korenevsky Yu.V. Kriminalistika for judicial
expertise. – M.: Yurid. litas, 2001. – Page 171-176.
13
Shepel V. N. Expertise in court on criminal cases in
the light of the new legislation and prospects of its
development: Avtoref. yew. ... edging. юрид.
sciences. – M.: RGB, 2003. – Page 12.
14
Snetkov V.A. Activities of expert and criminalistic
divisions of law-enforcement bodies for application
of expert and criminalistic methods and means in
criminal procedure law, an expert on art or
craft.
Y.K. Orlov believes expert this is a physical
person who has the necessary expertise to
carry out the Expertise, for the purpose of the
work of a number of rights and responsibilities.
For the expertise it has a procedural freedom
and independence, gives conclusions on career
paths, and bears the responsibility.
15
D.A. Kharchenko writes about it: the expert is a
person who has special knowledge, according
to the criminal procedure law of the specific
images
conducts
expertise
and
gives
conclusion.
16
The above views are so referred to the notion
of an expert. As an expert you can involve
people with expertise, has a special legal status
for the issue of detention, conforming to the
requirements of the code.
The definitions of the term expert, we think we
do not need to use the word specialist.
Because in this case can be expert confuse with
the other parties to the process.
It is appropriate to define the concept of
specialist and expert. As Belkin considers
specialist is a person appointed by the judge or
disclosure and investigation of crimes: Manual. – M.:
EKTs Ministry of Internal Affairs of Russia, 1996. –
Page 16. ; Zinin A.M. The criminalist in investigative
actions: educational and practical grant. – M.: Right
and law, 2004. – Page 11-12.
15
Yu.K. eagles the expert opinion and its
assessment on criminal cases: Manual. – M.: Lawyer,
1995. – Page 5.
16
Harchenko D. A. Judicial expertise in the Russian
criminal legal proceedings: Avtoref. yew. ... edging.
юрид. sciences. – Irkutsk: East - the Siberian Ince.
2006. – Page 18.
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magistrate for the collection, verification,
assessment of the facts and to help to use
them. Specialist has knowledge on certain
areas.
17
As T.V. Аveryanov considers the conclusion of
the specialist it is possible to be based the
conclusion of the expert. But it does not mean
that the expert will estimate the conclusion of
the expert. Not the assessment of the facts,
and check of the facts here means.
18
A.V. Kudravceva believes that the specialist
and expert can distinguish between the
procedural provisions in the introductions of
criminal cases. We need to distinguish between
the level of address in the criminal process.
19
As
the author writes, the expert, in expertise uses
the facts provided by the Court or by the
investigator and render an opinion. The expert
in the activity gives the opinion. But this
opinion is based not for expertise. It based to
the logical conclusions. In this basic attention is
given situations on criminal case and
knowledge of the expert.
17
Belkin R. S. Kriminalistika. Short encyclopedia. –
M.: Bol. I grew. энциклоп. 1993. – Page 80.
18
Averyanova T.V. Contents and characteristic of
methods judicial экспертых issledovakniya. – M.:
NORM, 1994. – Page 175.
19
Kudryavtseva A.V. The conclusion and indications
of the expert as a type of proofs in criminal trial of
Russia//Actual problems of the theory and practice
of criminal legal proceedings and criminalistics: Сб.
articles конф. – M.: Academy of management of the
Ministry of Internal Affairs of Russia, 2004. – Page
55.
20
Kudryavtseva A.V. The conclusion and indications
of the expert as a type of proofs in criminal trial of
Russia//Actual problems of the theory and practice
of criminal legal proceedings and criminalistics: Сб.
articles конф. – M.: Academy of management of the
According to A.V.Kudryavtseva specialist may
be involved in the process where he can solve
question by experience and knowledge?
without involving complex technologies and
laboratory calculations. Expertise shall be
ordered when it is necessary to use special
developed methods, laboratory equipment,
complex calculations, special know ledges.
20
V.M. Bykov is considered that the technician is
to be limited only by objects, Documents, glove
evidence.
21
He uses his special knowledge is not
for the researches. He uses his knowledge and
experience for the evaluation provided
objects. Y.I. Goryanov considers the need for
an authority to a specialist to give opinions on
the case. He therefore proposes to amend the
new view evidence in the criminal process.
22
But it is impossible to agree with him. Because
the difference between a specialist and expert
it is in this. The technician gives its opinion in a
criminal case figuratively.
23
In conclusion we can say that while the work of
a specialist visually similar to the work of an
expert, but they are distinguished by many
Ministry of Internal Affairs of Russia, 2004. – Page
56.
21
V. M. bulls the conclusion and the indication of the
expert as a new type of proofs//Materials of the 2nd
All-Russian scientific and practical conference on
criminalistics and judicial expertise – M.: EKTs
Ministry of Internal Affairs of Russia, 2004. – Page
75.
22
Goryanov I.I. Judicial expertise in modern criminal
legal proceedings: legal regulation and law-
enforcement practice: Avtoref. yew. … edging.
юрид. sciences. – M.: RGB, 2006. – Page 55.
23
Bishmanov B. M. Ekspert and the expert in
criminal legal proceedings. – M.: Mosk. psikhologo-
social institute, 2003. – Page 38.
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features. First the expert opinion will be in the
form of a Council and it reinforces the view of
an investigator. Sometimes investigators also
have knowledge of an expert. Expertise
requires expertise in the case. Secondly, unlike
the specialist expert on conducting a study. It
only deals with the definition, collection and
reinforcement of the facts. The expert draws
the conclusion on research and bears the
responsibility on it. In the third if to be excited
criminal case on the conclusion of the expert
the expert bears the responsibility on it, and in
case of the specialist of the responsibility the
inspector carries. Because the opinion of the
expert serves as advice for the inspector. It
should be noted that the expert personally
answers the questions of the members of the
Court in the judicial process. This means the
expert's opinion is based only on the results of
the research.
In literature, the experts are divided into the
following categories
1.
Members of the State Court.
2.
The staff of the non-State judicial
expertise.
3.
The staff of the non-expert institution.
4.
The person concerned by a decision of the
Court or the investigator.
24
According to 10-article of the law «About
judicial expertise» As the judicial expert can
participate state judicial experts, employees of
others of the organization or physical bodies.
25
The current time as a court expert could
participate the state judicial experts, staff of
other
organizations
or
individuals.
Here we would expand the rights and the
responsibilities of an expert. The rights and
24
Zinin A.M. Omelyanyuk G.G., Pakhomov A.V.
introduction in judicial expertise. – M.: MPSI, 2002.
– Page 18.
obligations of Experts backed up by in-article
68 of the "criminal procedure code". The
expert has the following rights. See working
materials on the subject of the expertise, the
expertise
request
necessary
materials,
participate in criminal proceedings, to ask
questions in the judicial process. Consider
getting the evidence to conclude not only of
subject expertise, but also to other matters
related to the case.
In addition to this article, you can add the right
to reimbursement of the costs and an expert in
Where necessary, to carry out studies in the
participation
of
a
judge,
investigator,
prosecutor the accused and the victim.
The expert is the following: The available in
mind 76 and 78 article situations to provide a
withdrawal, to conduct a test provided by
objects completely, to make the conclusion on
the issues raised. At the invitation of an
investigator, the judges and the prosecutor to
appear in the judicial process, to testify to a
survey conducted by the exploration, ask
questions to the expert expertise, not to
declare answers expertise, to ensure the safety
material provided, to comply with the rules the
judicial process. The same responsibilities in
the expert are not to extend artificially of
expertise and to apply expert opinion in the
right of the organization. If the expert is not
justifiable reasons would not with the judicial
process, it can be applied to law. The expert is
drawn from criminal responsibility If he will be
able to incorrect conclusions, proclaim replies
without the knowledge the prosecutor, if he
fails to reach a conclusion.
25
Суд экспертизаси тў
ғ
рисидаги
қ
онун. Хал
қ
сўзи,
№ 108 (5023). 2010 йил 2 июнь. – Б. 3-4.
The USA Journals Volume 03 Issue 12-2021
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The American Journal of Political Science Law and Criminology
(ISSN
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2693-0803)
Published:
December 22, 2021 |
Pages:
76-88
Doi:
https://doi.org/10.37547/tajpslc/Volume03Issue12-12
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2021:
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952
We believe that the current 3-part 68-article
must be a 4-part, As the 3-part to contribute to
the following proposal, that is actions
permitted to expert.
Expert: without the permission of the judge,
Prosecutor, investigator and collection of
information for the expertise; Without the
written permission of the investigator or the
Court is not allowed to study objects sent for
study. The purpose of this part of the above
two situations are not rights or duties, they are
prohibited. The introduction of the legislation
is to improve standards.
26
Emerging 4-part 68-
articles we offer change into 5-part and add the
word 'statement' after the words 'intentionally
incorrect conclusion».
In this case the 68-article takes the following
form:
68-article: the right and duty of expert(Fourth
part) Expert for an intentionally incorrect
conclusion or statement for the proclamation
without the permission of the investigator or
Prosecutor, materials of the criminal case, and
work the same for filing or for refusal to work
is involved criminal liability.
We all know that the correct conclusion of the
expert in the same may its conclusion can
deceive an investigator and judge. So, it is very
important
to
enter the
question
of
responsibility for false conclusion of expert in
the code of criminal procedure.
In an expert not looking rarities excitation
criminal case for supplies false conclusions, but
26
In addition to the rights and obligations of an
expert, there are prohibited actions of an expert,
which are reflected in Article 61 of the Criminal
Procedure Code of the Republic of Belarus, which is
called an “expert”.
we can sometimes meet such situation. For
example, in the process of investigation No.
2071 criminal case expert «Avtotexxizmat»
OJSC incorrectly estimated the illegal vehicles
included in the territory of the Republic of
Uzbekistan by lowering prices. On the
conclusion
of
the
expert
«Buhoroavtotehhizmat» No. 732 of October 19,
2007 Mercedes Benz truck, the S200 is priced
compressor 767000 sum. Upon further
expertise from January 31, 2008, no. 03-184 is
the real price of a car is 8.500 000000.
27
Not competence of the expert on the science,
not enough practical experience, innocent
mistake, carelessness, the issues in the case, a
study shall be made liable under article 238 of
the Penal Code. In such situations, the expert
shall apply administrative penalties.
We need to focus on the issue of attracting
criminal liability for false opinion expert (article
238)
Under article 238 of the Penal Code to bring an
expert to criminal responsibility must be the
following: This conclusion should not be at the
time investigation and trial process; this expert
opinion must be considered the case in the
court. Personal false information expert on
themselves (education, Length of service, etc.)
do not include the composition of the crimes
Filing a false conclusion is always accompanied
by false information. Despite the effects of the
false information, an expert in the trial
examiner
will
attach
to
criminal
responsibility.
28
27
Ниязов М.К. Значение заключения экспертизы
на стадии предварительного следствия // Эксперт
хулосаларининг далилий мо
ҳ
ияти: Республика
идоралараро
илмий-амалий
конференция
материаллари. – Тошкент, 2010. – Б. 15.
28
Тошпўлатов А.И. Ёл
ғ
он гуво
ҳ
лик учун жиноий
жавобгарлик муаммолари: Юрид. фан. номз. ...
дисс. автореф. – Тошкент: ТДЮИ, 2008. – Б.13.
The USA Journals Volume 03 Issue 12-2021
85
The American Journal of Political Science Law and Criminology
(ISSN
–
2693-0803)
Published:
December 22, 2021 |
Pages:
76-88
Doi:
https://doi.org/10.37547/tajpslc/Volume03Issue12-12
I
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F
ACTOR
2021:
5.
952
According to article 417 penal code, criminal
case for intentional incorrect Finally, the expert
shall be prosecuted after the judgment in the
case. The purpose of the definition Liability
experts is to increase the responsibility of
experts in the disclosure Criminal case.
Because if, during the criminal process the
expert chooses not to work, it is to find
another expert takes a long time. Define these
elements requires from the Prosecutor and
judges of good experience and sensibility. The
expert may not only give advice but can give
confirmation on the matter. The most
important question is the level of penalty for a
false conclusion to this day is not defined. We
think that this paragraph needs to be
developed and to the code of criminal
procedure. For example, in March 31, 2009 7:30
in Djizzak city of Djizzak region on the
assassination of D.Akulova born 1978, under
article 97 1-part of the criminal case. During the
expertise of the murder scene was found in the
div of the murdered and in bed spots similar
to the sperm. During the investigation of the
medical expertise of Djizzak region do not
determine who owns the mount sperm. After
the expertise in the center of the DNA
expertise determined that sperm belongs to b.
Mazidov, born in 1986. He committed the
murder in alcohol intoxication.
29
No ability to engage in a certain area, the
expert is not wealth or technology related
reasons will carry it to the incompetence of the
expert. When one speaks about the
competence of the expert refers to the
activities of the expert with the law. When the
expert is involved in a certain sphere, he has
the experience and skill to this area. The expert
may refuse to Affairs outside his competence.
29
Нуриддинов А.И. Одам ДНКси суд биологик
экспертизаси-жиноятларни очишда му
ҳ
им манба
// Эксперт хулосаларининг далилий мо
ҳ
ияти:
If the expert has grounds set forth in the 76 -
78 articles he can to abandon the case, or if This
situation will detect the suspect, the accused,
the defendant, Counsel or the prosecutor
expert may be denied from them.
In our opinion under the current laws, the
matter is properly resolved. Person who
provided material for the institution of criminal
proceedings may not be experts. Previously
involved as a specialist in the following stages
may participate in the proceedings as an
expert.
An investigator in the provision of expert
information for research for more information
can make a criminal case. In practice, in many
cases also received samples of investigators
provide experts for more asset search,
experiment, confiscation. This will help the
expert good to know. Experts to provide
objective information on the occurrence of the
offence. The investigator is one of the subjects
who had the right to take samples. On this he
must enter an act all that found for the
effectiveness of the investigation. But should
take into account that the investigator to
provide expert information must not pass him
secret information. Because an expert in the
investigation may be confused and be the
inseparable
integrity
of
these
secret
information. On the investigator to provide
expert information must clearly know that you
need an expert. The expert can sometimes
require the investigator to view the scene of
the crime, to participate in the investigation.
Because in examining the crime scene expert
can get answers to their questions. The
investigator should help expert. Because for
many objects require permission of the
Республика
идоралараро
илмий-амалий
конференция материаллари. – Тошкент, 2010. – Б.
48-49.
The USA Journals Volume 03 Issue 12-2021
86
The American Journal of Political Science Law and Criminology
(ISSN
–
2693-0803)
Published:
December 22, 2021 |
Pages:
76-88
Doi:
https://doi.org/10.37547/tajpslc/Volume03Issue12-12
I
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F
ACTOR
2021:
5.
952
investigator. On this, the two parties in criminal
process should work smoothly and as planned.
Under current law, the expert has the right to
make the conclusion that there are facts
established by them in the course of the study,
but that it had not been asked by the
appointing authority. This rule assumes that
the limits are defined by two criteria initiative
expert-legal (legal knowledge) and special
(native competence).
One of the important rights experts these
answering questions for the case which does
not belong to the conclusions of the expert. It
is therefore under the law means high
confidence to the conclusion of the expert.
Accepted
into
consideration
new
circumstances expert to solve the case has the
right to ask additional questions. In practice,
the expert if it finds new facts on the case, he
immediately has to report this to the
investigator. In its regular investigator should
inform the expert about new situations. The
result of the study should be directed not only
to the verification of the facts, it must
determine the motive for the crime.
The right to peer initiative aims to implement
the
principle
of
objective
truth,
for
completeness of the evidence collected by the
investigation and the Court.
Another one of the actors in the expertise this
is the chief of the establishment. But
unfortunately, ego status in the code of
criminal procedure code is not defined. On this
believe that the chief of the agency expertise
should be included in the group of officers.
Because the integrated and fees expertise
works, he distributes the case, Defines the
method research, generates a general
conclusion. On this case it needs to be
underpinned by the act of the chief of agency
expertise. The duties of the head of the
institution as expertise to create the necessary
condition for expertise, expertise papers, solve
organizational issues to ensure the safety of
objects. To the same rights as the head of the
institution of expertise can offer control over
correctness of expertise, perform orders of
judges and assign responsibilities, determine
the duration of the expertise.
It should be noted that due to the awareness
of Heads of institutions expertise by experts, it
should appoint experts in a specific case on the
scope of the activities and experience. As we
have seen the head of the institution has a
significant role in the expertise system. We
think the code needs to be paid to the rights
and duties of the Director of the institution.
The chief of the expertise of two kind of right.
First the procedural rights, they distribute it
among experts, explained the expert his rights
and responsibilities, inform about the criminal
liability for the willful wrong conclusion.
To a very significant issues related to the
procedural status of the expert, legal science
considers its independence with expertise and
monitoring bodies which have designated for
the expertise of theses’ authorities exercise
control over the lawfulness and compliance
with the procedural expert forms. to this end,
the investigating official or judge can, for
example, to participate in the production of
forensic expertise and the control questions:
the duties of an expert, to inform the Court of
expertise, in the provision of court facilities
research, in setting the dates of expertise, as
well as in ensuring the rights of the parties be
present during the expertise.
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The USA Journals Volume 03 Issue 12-2021
87
The American Journal of Political Science Law and Criminology
(ISSN
–
2693-0803)
Published:
December 22, 2021 |
Pages:
76-88
Doi:
https://doi.org/10.37547/tajpslc/Volume03Issue12-12
I
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The USA Journals Volume 03 Issue 12-2021
88
The American Journal of Political Science Law and Criminology
(ISSN
–
2693-0803)
Published:
December 22, 2021 |
Pages:
76-88
Doi:
https://doi.org/10.37547/tajpslc/Volume03Issue12-12
I
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26.
In addition to the rights and obligations of
an expert, there are prohibited actions of
an expert, which are reflected in Article 61
of the Criminal Procedure Code of the
Republic of Belarus, which is called an
“expert”.
27.
Ниязов М.К. Значение заключения
экспертизы на стадии предварительного
следствия // Эксперт хулосаларининг
далилий
мо
ҳ
ияти:
Республика
идоралараро
илмий-амалий
конференция материаллари. – Тошкент,
2010. – Б. 15.
28.
Тошпўлатов А.И. Ёл
ғ
он гуво
ҳ
лик учун
жиноий
жавобгарлик
муаммолари:
Юрид. фан. номз. ... дисс. автореф. –
Тошкент: ТДЮИ, 2008. – Б.13.
29.
Нуриддинов А.И. Одам ДНКси суд
биологик
экспертизаси-жиноятларни
очишда
му
ҳ
им
манба
//
Эксперт
хулосаларининг
далилий
мо
ҳ
ияти:
Республика идоралараро илмий-амалий
конференция материаллари. – Тошкент,
2010. – Б. 48-49.
