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5IMPROVING THE MANAGEMENT AND ORGANIZATION OF PROCEEDINGS IN THE PRE-TRIAL PROCEEDINGS Qayumov Ulugbek Abdumalikovich
Karmana district of the Navoi region Head of the Investigation Department at the Interior
Ministry
https://doi.org/10.5281/zenodo.6634304
Abstract. The article compares the establishment of legal norms in the criminal procedure legislation on the organization of the activities of investigative teams in pre-trial proceedings, comparatively with the views and opinions of foreign scholars, as well as in the article. existing problems in the organization of the work of investigative teams, as well as suggestions and recommendations to address these problems and gaps in the law.
Keywords: scene, investigation team, departmental control, criminal report, pre-trial proceedings, pre-investigation investigation.
СОВЕРШЕНСТВОВАНИЕ РУКОВОДСТВА И ОРГАНИЗАЦИИ ПРОИЗВОДСТВА В ДОСУДЕБНОМ ПРОИЗВОДСТВЕ
Аннотация. В статье сопоставляется установление правовых норм в уголовно-процессуальном законодательстве об организации деятельности следственных групп в досудебном производстве, сопоставляются взгляды и мнения зарубежных ученых, а также в статье. существующие проблемы в организации работы следственных групп, а также предложения и рекомендации по устранению этих проблем и пробелов в законодательстве.
Ключевые слова: место происшествия, следственная группа, ведомственный контроль, сообщение о преступлении, досудебное производство, доследственное расследование.
INTRODUCTION
The purpose of the recent reforms in the judicial system in our country is to ensure the effective protection of constitutional human rights and freedoms, first of all, protection of the individual from unjustified criminal prosecution and interference in private life, the right to privacy and the right to a fair trial. Therefore, it is important to ensure the rule of law in law enforcement, strengthen the image of the judiciary as the most important guarantee of effective protection of human rights, ensure its independence, as well as increase the efficiency of the legal profession and strengthen their role in building a democratic state and strong civil society. work is underway. The protection of the rights, freedoms and legitimate interests of citizens in judicial proceedings is an urgent task today.
Ensuring the rule of law in society is the main guarantee of the effectiveness of all ongoing reforms, improving the living standards of the population, ensuring peace, harmony and stability in the country.
MATERIALS AND METHODS
At the heart of the reforms carried out in recent years, special attention is paid to the protection of human rights. Especially during 2017-2021 is reflected in the reforms implemented in the judicial system. In particular, amendments and additions to the Criminal and Criminal Procedure Codes of the Republic of Uzbekistan are made on a regular basis on a regular basis to
ensure that The state bodies and officials responsible for criminal proceedings are working on the basis of the principles of legality and fairness in the conduct of investigative actions, and the widespread introduction of modern information technology in the investigation process has been identified as one of the mandatory conditions. However, in addition to the ongoing reforms, there are a number of problems with the organization and management of pre-trial proceedings, inquiries and preliminary investigations. mistakes are also being made. In our opinion, one of the above-mentioned problems is the fact that the organization of the activities of investigative teams in pre-trial proceedings, the processes of their management are not clearly defined in the criminal procedure legislation.
In addition, the criminal procedure legislation does not clearly define the concept of the investigative task force, nor does it define who will organize and manage the activities of the investigative task force.
Approved by the decision of the Prosecutor General's Office, the Supreme Court, the National Security Service, the Ministry of Internal Affairs, the Ministry of Defense, the State Customs Committee and the State Tax Committee on March 1, 2018 The Resolution on the Procedure for Taking Priority Measures and the Annex to it instruct the Investigative Task Force to: a group of law enforcement officers, experts and specialists".
RESULTS
In our opinion, this definition also does not clearly indicate the category of persons involved in the implementation of procedural actions at the scene as part of the investigative team. Although in practice and in the educational process in educational institutions, the task of directing the activities of the investigation team at the scene is performed by an inquiry officer or investigator working in the group, this rule is not reflected in the legislation. The above-mentioned instructions also do not focus on the organization and activities of the investigative team, as well as the role and responsibilities of the heads (deputies) of the bodies conducting the pre-investigation, inquiry and preliminary investigation in the organization of the investigative team. We know that when a crime is reported or a high-profile crime is committed, the heads of law enforcement agencies (prosecutors, heads of police departments, etc.) organize the activities of the investigative task force on the scene, giving employees the tasks they need to perform. and make their suggestions. However, our legislation does not clearly define the responsibilities of this category of leaders in organizing the activities of the investigative team in such cases. In our opinion and based on practical experience, the correct organization of the activities of the investigative team, the correct distribution of forces - these are the factors that lead to the discovery of "hot traces" of crime.
DISCUSSION
In 2002, one of the Russian jurists, R.Yu. Ulimaev, in his dissertation on "Investigative Task Force: Legal Status, Organization and Activity", gave the following author's definition of the concept of Investigative Task Force. An investigative task force is a temporary organizational unit that unites the staff of an organization that permits actions under the direction of a person with procedural authority to investigate.
It is possible to partially agree with the author's description of R.Yu.Ulimaev. This is because the definition states that the organization of the activities of the investigative task force is carried out by a person with procedural authority to investigate.
Based on the above, the following is suggested. In particular, it is expedient to include a number of specific concepts in the current Criminal Procedure Code.
CONCLUSIONS
- "Investigative Task Force" is a person (inquiry officer, investigator, prosecutor and court) who has procedural powers to carry out inquiries and investigative actions to carry out and coordinate pre-investigation investigative actions at the scene of an incident in order to expose crimes. Is a temporary group of specialists ";
- Strengthen the legal status of each employee and specialist included in the "Investigative Task Force" in accordance with the definition of the concept.
References
1. Mirziyoev Sh.M. New Uzbekistan Development Strategy. Completed second edition. - T .: - 2022. - p 109.
2. Address of the Acting President of the Republic of Uzbekistan, Prime Minister of Uzbekistan Shavkat Mirziyoyev to the President of the Republic of Uzbekistan at the VIII Congress of the Liberal Democratic Party of Uzbekistan on October 9, 2016 in Tashkent.https //uza.uz.
3. Bulletin of the Supreme Council of the Republic of Uzbekistan, 1995, No. 2;
4. Resolution of the Prosecutor General's Office, Supreme Court, National Security Service, Ministry of Internal Affairs, Ministry of Defense, State Customs Committee and State Tax Committees of the Republic of Uzbekistan dated March 1, 2018, Tashkent-2018.
5. Investigative-operational groups: Legal status, organization and activities," abstract. R. Ulimaev, 2002. https://www.dissercat.com/content/sledstvenno-operativnye-gruppy-pravovoi-status-organizatsiya-i-deyatelnost.
