Vol. 6 No. 09 (2024): Volume 06 Issue 09

Vol. 6 No. 09 (2024): Volume 06 Issue 09
Published: 01-09-2024

Articles

147-150 98 22

ENSURING PROSECUTORIAL SUPERVISION OVER THE USE OF EXPERT KNOWLEDGE IN CONDUCTING INVESTIGATIVE ACTIONS

Mathalikov R.O.

This article explores the role of specialists and experts in criminal investigations, emphasizing their legal involvement in procedural actions, such as interrogations and evidence collection. The distinction between specialists and experts is highlighted, with experts possessing broader procedural powers in analyzing case-relevant information. The participation of educators, especially in cases involving minors, is emphasized as critical for obtaining reliable testimony. Additionally, the role of interpreters is examined, emphasizing their importance in ensuring the rights of non-native speakers during criminal proceedings. The article underscores the prosecutor's responsibility in monitoring the proper use of specialists, experts, and interpreters, as well as the importance of maintaining accuracy and preventing potential misuse. The article also touches upon legal provisions related to the participation of third parties, such as educators and interpreters, during interrogations and investigative actions, providing insights into best practices.

143-146 184 24

RESTITUTION OF ILL-GOTTEN WEALTH AS A WAY TO FIGHT CORRUPTION

Yusupov Uktambay Absamadovich

The main goal of judicial reforms implemented in Uzbekistan is to protect the rights and legal interests of subjects, to give wide privileges and freedoms to the activities of participants in economic transactions. Civil legal instruments, like other areas of law, play an important role in ensuring the protection of the rights and interests of subjects. In particular, the demands for compensation for damages and the return of unjustified wealth are distinguished by their own characteristics among civil legal instruments aimed at the protection of rights in the restoration of violated rights and protection of material interests.

137-142 251 29

PARTICIPATION OF WOMEN AND GIRLS IN THE DEVELOPMENT OF NATURAL SCIENCES IN TASHKENT CITY STATE HIGHER EDUCATION INSTITUTIONS

Maftuna Khayrullayeva

This article sheds light on the invaluable contribution to science of some of the most mature women scientists working in the state higher education institutions in the field of agriculture and biology in Uzbekistan. Through a comprehensive analysis of their research, innovation, and experience, it sheds light on their remarkable achievements in the face of social challenges. Today, important initiatives are being put forward in the academic circles of the country to increase the place and position of women, to educate the new generation of young women scientists, and to encourage their promising projects. Ensuring gender equality in various aspects of public life, including in the field of education and science, is one of the priorities of the internal political concept of Uzbekistan. It aims to recognize the important role of women in the development of these areas by studying the historical context, current situation, problems and future prospects.

105-136 385 188

A CONCEPTUAL FRAMEWORK TO ANALYSE CONSEQUENCES OF POST-CONFLICT RECONSTRUCTION INTERVENTIONS

Olowonihi A Peter, Christopher M Osazuwa

This study examines the intricate dynamics of post-conflict reconstruction (PCR) to develop a conceptual framework for analysing the various consequences of interventions in this complicated field. The study employs a mixed-methods strategy combining a comprehensive literature assessment and conceptual analysis. The literature review explores multiple theoretical frameworks on PCR, including perspectives from political economics, development studies, and peacebuilding. Using the conceptual analysis approach, establishing a comprehensive framework is the outcome of a methodical investigation into the interaction between context, intervention, and outcomes in PCR. The paradigm is then utilized to analyse case studies of Rwanda, the Central African Republic, and The Gambia, offering practical observations and empirical evidence. The findings demonstrate that PCR treatments yield diverse outcomes, encompassing both intended and unanticipated consequences. The study highlights the crucial significance of contextual elements, such as the participation of global entities, power dynamics, and historical legacies, in determining the effectiveness of interventions.  The study determines that PCR is a complex and detailed process requiring a comprehensive understanding of the interaction between environment, intervention, and outcomes. The suggested conceptual framework offers a valuable tool for assessing the complex effects of PCR initiatives, allowing policymakers, practitioners, and scholars to create and execute more efficient and contextually appropriate interventions. The research highlights the importance of continuous efforts to advance evidence-based strategies that foster lasting peace and fair development in societies recovering from war. This helps to bridge the gap between theory and practical implementation.

85-104 143 39

AN ASSESSMENT OF THE ROLE OF THE SPECIAL CONTROL UNIT AGAINST MONEY LAUNDERING (SCUML) IN COUNTERING MONEY LAUNDERING AND TERRORISM FINANCING IN NIGERIA ABIODUN ADEBANJO (DOP)

Abiodun Adebanjo

The work is a summative assessment of the impact of Special Control Unit against Money Laundering (SCUML) in the ecosystem of Nigeria’s Anti-Money Laundering and Countering of Terrorism Financing (AML/CTF) framework. This work examined the mandate of the SCUML and its role within Nigeria’s AML/CTF regime. The work evaluated the role and contribution of the Unit to the fight against Money Laundering (ML) and Terrorism Financing (TF) in Nigeria. The work examined the Unit as to whether it has the capacity in terms of structure and resources to deliver on its mandate. The work began by looking at the reason for the establishment of SCUML in the first place and how it has fared in this regards. The study utilized data from records available in the EFCC Annual Reports on the activities of the Unit from 205 – 2022. Document analysis of materials available on the Unit was deployed in making deductions and inference in order to draw the conclusion from the study. Key findings of the work provide that SCUML has made several strides especially in the on having DNFBPs in Nigeria comply with registering with it before they can operate corporate accounts. There are still a number of issues that needs to be addressed. From the records of registration of DNFBPs it is evidently clear that the Unit has achieved a major milestone in the quest to have a register of DNFBPs in Nigeria. This is a first step in FATF Recommendation 23 that requires Competent Authorities to have a National Register of DNFBPs. In this regards the Unit has done creditably well but bringing DNFBPs into full compliance of Nigeria’s AML/CFT/CPF required a lot more. Some of the challenges militating against the Unit playing its role includes among other: many Self Regulating Organisations (SROs) do not comply with the Unit as they should. The Unit is supposed to provide information to all law enforcement agencies as the NFIU does. This is not currently the case. The Unit is a Department under the EFCC, as such virtually all of the information it gathers is in the fulfilment of the mandate of the EFCC. The Unit’s mandate just like the NFIU is regulatory. How a regulatory Unit can function effective in a law enforcement set is a challenge that must be addressed. It is clear from the number of staff and coverage of SCUML that the Unit there is a need for the Unit to have office in all the states in Nigeria if it is to play more effective role in regulating the activities of DNFBPs which are scatter across Nigeria.

64-84 442 127

EFFECT OF DATA PROTECTION FRAMEWORKS AGAINST CYBERCRIMES ON CYBER SECURITY IN NIGERIA

Abiodun Adebanjo (DoP), Gloria Chigbu, Christopher M Osazuwa

The paper Effect of Data Security Frameworks against Cybercrimes and Cyber Security in Nigeria critically examines the various data protection frameworks in Nigeria and how these are impacting curtailing cybercrimes in the country. The paper examined the institutions responsible for data security and how they carry it out. The work utilized both the secondary and primary sources of data collection. Key Informant Interview (KII) and the observation method were deployed to collect primary data for the study. Information on data protection was also collected from (NDPC) and other relevant agencies. Information from reports from the internet, scholarly articles in journals, and information from websites and books were used in the paper. The paper utilised the Social Strain Theory (SST) as the theoretical framework for the study. The paper observed that data protection regulations in Nigeria make it mandatory for all Public Institutions (PIs) in Nigeria to have a comprehensive cyber security framework, which is to protect against unauthorized access. Several factors are responsible for data insecurity and the attendant increase in cybercrimes in the country. These include, among others: i. Lack of knowledge on the part of most officers of the penalty for data breach allowed by them. ii. Poor dissemination of the content of the NDPA. iii. The poor economic condition of the country makes many officers to seek means of getting extra money, this also includes their volunteering information that they should not disclose in the first place. The paper observed that though cyber security in Nigeria is not within the mandate of the EFCC, the Commission plays very important role in dealing with the threat of cybercrimes in Nigeria. Records shows that of the 12,394 convictions of the EFCC from inception till 31st December 2023. Over 80% of them are on cybercrime and related offences. The paper concluded that inspire of the efforts of the EFCC and other agencies in tackling cybercrimes in Nigeria, the failure of the data protection frameworks in the country in ensuring confidentiality, integrity and security of the data at their disposal is the reason for the spiralling of cybercrimes in the country. The paper recommends that the Nigerian government adopt the best practice policies and regulations, promote awareness, and continuously update cyber security practices, which is germane to enhancing data protection in the country.

40-63 193 59

REFUGEE STATUS AND TRANSFER TO THIRD COUNTRY: A CRITICAL APPRAISAL

Olowonihi A Peter, Christopher M Osazuwa

The seminar paper, Refugee Status and Transfer to Third Country: A Critical Appraisal, explores the intricacies and difficulties linked to the transfer of refugees to third countries. The text delves into these transfers' legal and ethical aspects, emphasizing the possibility of diffusing responsibility and undermining refugee protection. The paper utilizes a qualitative research methodology, incorporating a thorough literature review, case studies, and document analysis to explore the legal frameworks, policy implications, and humanitarian consequences of refugee transfers. The study's findings highlight the intricate nature of refugee transfers, which aim to offer long-lasting solutions and ease the burden on frontline states but frequently encounter substantial obstacles. This study highlights the significance of strong legal and institutional frameworks, fair distribution of responsibilities, and a focus on human rights to safeguard the well-being and protection of refugees during transfer processes. The paper also emphasizes the possibility of responsibility diffusion and the politicization of refugee transfers, which can weaken the effectiveness of the international refugee protection regime. Ultimately, the paper argues for a fairer and more balanced approach to safeguarding refugees' well-being and human rights. It emphasizes the importance of upholding the dignity of refugees and fostering global collaboration and burden-sharing. There is a need to enhance legal and procedural safeguards, tackle the underlying factors that lead to forced displacement, and promote comprehensive integration programs in third countries. The study's theoretical framework and empirical analysis provide a more profound comprehension of the intricacies of refugee transfers and offer valuable insights for policymakers and practitioners involved in refugee protection.

22-39 366 140

ENHANCING SECURITY IN NIGERIA: THE IMPLICATIONS OF SOCIAL MEDIA-BASED CRIME REPORTING

Maryjane Y. Oghogho, O.M.C Osazuwa, Opinion D. Iyamba, Henshaw Ekeng-Ekeng, Inyang G. John

With the widespread use of social media platforms, individuals have increasingly turned to these platforms to report crimes, creating an evolving landscape for law enforcement and security agencies. Social media-based crime reporting has emerged as a transformative approach to public safety, offering real-time updates, accessibility, and community engagement. This study examines how social media platforms like Facebook and Twitter promote community mobilization and real-time information sharing by applying Information Diffusion Theory (IDT) and Social Network Theory (SNT). Notable examples, such as the Aluu Four lynching, End-SARS movement, Chibok kidnapping and the 2023 presidential elections amongst other events, demonstrate how social media plays a crucial role in increasing public knowledge, coordinating group efforts, and impacting legislative reforms. However, this innovative method of reporting also brings forth several security implications that demand careful consideration. By examining the advantages and challenges of social media for crime reporting, this study aims to provide insights into how such practices can enhance security measures while mitigating potential risks. This study, therefore, explores these security concerns and strategies for enhancing the security implications of social media-based crime reporting. It discusses the potential risks of misinformation, privacy issues, tipping off perpetrators, and the inadvertent exposure of victims and witnesses. The results emphasize the importance of adopting a well-rounded strategy to utilize the capabilities of social media for reporting crimes, while also acknowledging the difficulties it presents. The study highlights the need for collaboration between law enforcement agencies, policymakers, social media platforms, and the public to develop a robust legal framework, promote responsible reporting practices, and protect evidence integrity. The study therefore recommends the use of sophisticated verification technology, the establishment of responsible reporting criteria, collaboration with social media platforms, and the implementation of strong privacy protection measures.

17-21 73 38

CRIMINALISTIC ASPECTS OF THE INVESTIGATION OF CRIMES OF INTENTIONAL HOMICIDE

Mirzaev Fakhritdin Ziyatovich

This article discusses the use of modern technologies in the investigation of a murder crime, the creation of an algorithm for investigating a murder crime, the actions that an investigator should take in connection with a crime, investigation planning, preliminary and subsequent investigative actions, scientific, theoretical and practical solutions to forensic problems related to the disclosure crimes stopped.

12-16 99 36

INSTITUTE OF SUCCESSION IN CIVIL LAW AND ITS APPLICATION

Gulomov Akmaljon Shukurillaevich

Relations that arise in social life are regulated by a number of institutions of various legal fields. In particular, in the field of civil law, there are such relations that arise and are formed between the subjects of civil law, whose development is ensured by the legal heirs of the participating parties due to the occurrence of a specific life situation. This institution is called succession in civilization. This article examines the definition of the institution of succession, the issues of universal and singular legal succession, and their application in civil law. In particular, succession is the phenomenon of transfer of property rights and obligations from one person to another person directly on the basis of law or contract. Legal succession can be universal or singular. In universal legal succession, the totality of all rights and obligations belonging to one person is transferred to the second person. For example, when several legal entities are merged, it can be seen that all the rights and obligations of the predecessors are transferred to the newly established legal entity in the order of universal succession. Singular succession means the transfer of rights to a certain part of the property, not the whole. The institution of succession is widely used in relations involving citizens and legal entities.

7-11 99 41

THE NEW FRONTIER: ANALYZING DRUG TRAFFICKING TRENDS IN SOUTHERN APPALACHIA

Dr. Cameron Brown

This study explores the evolving landscape of drug trafficking in Southern Appalachia, a region historically known for its distinct socio-economic and cultural characteristics. As economic challenges persist and traditional industries decline, Southern Appalachia has seen a significant shift in drug trafficking activities, moving from the production and distribution of marijuana and moonshine to more potent and profitable substances like methamphetamine, prescription opioids, and heroin. This transformation is driven by a confluence of factors, including economic deprivation, geographic isolation, and the increasing influence of national and transnational drug trafficking networks. Utilizing a mixed-methods approach, this research combines qualitative data from interviews with law enforcement officials, healthcare providers, and community members with quantitative analysis of drug-related arrest records, overdose statistics, and economic indicators. The findings reveal that the drug trade in Southern Appalachia has become more sophisticated and embedded within the local economy, contributing to a cycle of addiction, poverty, and crime. This study also examines the impact of recent policy changes, including the opioid epidemic response and law enforcement strategies, on the region's drug markets. By analyzing these shifting dynamics, the research aims to provide a comprehensive understanding of the complex factors driving drug trafficking in Southern Appalachia and to offer insights into more effective interventions that address the root causes of this public health and safety crisis. The study underscores the need for a holistic approach that combines economic development, healthcare access, and community-based prevention efforts to curb the rising tide of drug trafficking and its associated harms in this vulnerable region.

1-6 245 32

A HANGING IN SHADOWS: THE AFZAL GURU CONTROVERSY

Priyal Mehta

The execution of Afzal Guru, convicted for his involvement in the 2001 Indian Parliament attack, remains one of the most controversial and debated events in contemporary Indian history. This study delves into the multifaceted dimensions of Guru's trial, conviction, and eventual hanging, examining the legal, political, and societal implications surrounding the case. Through a critical analysis of court documents, media narratives, and public opinion, the study explores the questions of judicial fairness, political motivations, and the impact on India's democratic and legal institutions. By uncovering the complexities and contradictions of the case, this paper aims to provide a nuanced understanding of how justice, politics, and public perception intersected in the Afzal Guru controversy, raising broader questions about the rule of law and human rights in India.

155-159 159 46

BURDEN OF PROOF AND PRESUMPTION OF INNOCENCE: A COMPREHENSIVE REVIEW OF THESE FUNDAMENTAL PRINCIPLES IN ANGLO-SAXON CRIMINAL JUSTICE SYSTEMS

Malikabonu ABDULLAEVA

This paper provides a comprehensive review of two fundamental principles in Anglo-Saxon criminal justice systems: the burden of proof and the presumption of innocence. These principles form the bedrock of fair trial rights and are crucial to ensuring justice in criminal proceedings. Through an extensive analysis of legal scholarship, case law, and comparative studies, this research examines the historical development, theoretical underpinnings, and practical applications of these principles in various Anglo-Saxon jurisdictions, including the United States, United Kingdom, Canada, and Australia. The paper also explores contemporary challenges to these principles, such as terrorism legislation and the rise of administrative penalties, and offers recommendations for preserving their integrity in modern criminal justice systems.

151-154 83 21

COMBATING AGAINST THE DANGERS AND THREATS OF EXTREMISM AND TERRORISM AS A PRIORITY TASK OF THE DEVELOPMENT OF NEW UZBEKISTAN

Elov Ashrafjon Askarjan ugli

This article discusses preventive measures aimed at preventing extremism and terrorism in Uzbekistan in recent years, including educational and social programs, legislative, regulatory and institutional frameworks that ensure the implementation of an effective anti-terrorist policy of the Republic of Uzbekistan, cooperation of the Republic of Uzbekistan with international organizations in countering the threats of extremism and terrorism, regional and regional roles in initiatives and international contributions to strengthening security are stated.