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17Scientific Journal Impact Factor (SJIF 2022=4.63) Passport: http://sjifactor.com/passport.php?id=22230
PROSECUTOR'S SUPERVISION IN THE INVESTIGATION OF CRIMES
Sunnatillo Soibjonovich Musayev
Chief Adviser of the Department of Human Rights Protection and Law Enforcement Practice Study of the Bekabad District Department of Justice of the Tashkent region
Annotation: In fact, the prosecutor may legally interfere in the procedural activities of the investigator at any stage of the criminal case proceedings, without any coordination with the head of the inquiry unit, the head of the inquiry body. At the same time, the prosecutor's instructions for the inquirer, the head of the inquiry unit and the head of the inquiry body are mandatory.
Keywords: criminal cases, violations of the rights, instructions of prosecutors
However, for a long period in past, the investigator was subordinate to the prosecutor's office. Moreover, some authors emphasize that the investigator could not go against the criminal investigation officers, who were tasked with solving a certain number of crimes, since the investigator was also tasked by the management to send a certain number of criminal cases to court. In addition, the courts make an extremely small part of acquittals. In practice, if the court acquitted the defendant, an internal audit was conducted against the investigator who conducted the preliminary investigation and, as a rule, disciplinary punishment followed.
One of the reasons for the growing trend in the number of violations is that direct management now controls investigators; the executor and the supervisor are in the same structure, the materials of criminal cases remain inside the organization, as well as information about all kinds of violations of the rights of participants in the process. In such a situation, it is almost impossible to track the real progress of the case. In practice, there are cases when criminal cases in which the person who committed the crime is obviously investigated for several years are suspended several times for failure to identify the person to be brought as an accused. As a result, the investigation goes in a circle, the victims file complaints to all instances, but at best, they receive a standard response that the course of the criminal process has been taken under control.
It is important to understand that during the investigation of crimes, violation of the rights of all participants in criminal proceedings is not excluded: the victim, the suspect, the accused, witnesses, legal representatives and others. At the same time, both restricted rights and basic, personal rights that are not subject to restriction are violated.
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To date, the issue of compliance with these and other rights of participants in criminal proceedings is very painful, which confirms the need for supervision by the Prosecutor's office.
So, the content of the prosecutor's supervision of ensuring the rights of the individual in the investigation of crimes includes ensuring timely detection and prevention of violations of the rule of law, the rights of citizens throughout the investigation period by:
— verification of the validity of the use of procedural coercion measures, searches;
— real provision of the right to protection, to the inviolability of the home;
— suppression of the use of illegal methods of investigation and inquiry, accusatory bias in the collection of evidence.
In addition, a qualified investigation and disclosure of crimes is provided by:
— creation of investigative and operational groups, proper interaction of investigators and bodies of inquiry;
— discussions at operational meetings of particularly complex criminal cases in which the perpetrators have not been identified;
— exceptions to the formal approach when deciding on the release of persons who have committed crimes from criminal liability;
— increasing the responsibility of the heads of investigative units of the internal affairs bodies for the proper implementation of their powers to monitor the timeliness of the actions of investigators to disclose and properly investigate crimes, the implementation of the instructions of prosecutors on specific cases;
— exclusion of the facts of suspension and termination of cases until all possibilities for collecting evidence and exposing criminals have been exhausted;
— increasing the role of structural units of the Prosecutor General's Office, regions for the supervision of the investigation of crimes, prevention and suppression of violations of the rule of law during the investigation and inquiry;
— taking timely measures to protect the procedural independence of investigators and the suppression of illegal influence on them in order to influence the course of the investigation and the decisions taken on the case;
— systematic generalization and dissemination of positive experience of prosecutorial supervision over the investigation of crimes.
To determine that the powers established in the law to initiate a petition for the application of a preventive measure in the form of detention and consent to the relevant decision of the investigator are carried out:
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- District (city) prosecutors and equivalent prosecutors or their deputies - in criminal cases under investigation by the investigative bodies of the district (city) level;
- prosecutors of the Republic of Karakalpakstan, regions, the city of Tashkent and equivalent prosecutors or their deputies - in criminal cases under investigation by investigative bodies of the regional or equivalent level;
- The Prosecutor General of the Republic of Uzbekistan and his deputies - in criminal cases under investigation by investigative bodies of the republican level.
In addition, higher-level prosecutors, within the limits of their powers, may initiate a petition for the application of a preventive measure in the form of detention or consent to the relevant decision of the investigator in criminal cases under the proceedings of lower-level investigative bodies.
There is a tendency to increase the number of violations of safety and operation rules in transport, which entail accidents and catastrophes with numerous human casualties, destruction of vehicles and cargo, causing irreparable harm to nature. This process is caused by the physical and moral aging of transport, its merciless operation without financial deductions for repairs and modernization, and a decrease in the reliability of vehicles. In the conditions of the pursuit of profit, the number of violations of labor legislation regulating the time of work and rest of transport workers is growing; cases of exceeding the permissible norms of loading vehicles, which creates conditions for accidents and catastrophes. It is impossible not to note the growth of transportation of dangerous goods (on various types of transport, the share of these shipments ranges from 30 to 80%)." Accidents and catastrophes during such transportation lead to the most dangerous consequences.
The relevance of the chosen topic is also related to changes in transport legislation, administrative reform, which significantly affected the transport sector, including the system of departmental transport control, reform of the system of transport prosecutor's offices. The dissertation analyzes the impact of these processes on the state of prosecutor's supervision over the legality of the preliminary investigation of crimes in transport. It is the extraterritorial principle of building the transport system, as well as the system of internal affairs bodies in transport, that determines the specifics of the organization of the work of the prosecutor's office, which is very important in connection with the consideration of the draft new law on the prosecutor's office.
Practice shows that the change in the criminal procedure legislation has created a number of problems in the implementation of the prosecutor's supervision of the preliminary investigation and its legality, including in transport. Accordingly, the analysis of modern law enforcement practice, the problems of prosecutorial supervision, the development of proposals for its improvement are of crucial importance for
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improving the efficiency of crime investigation and, in general, the fight against crime in transport.
The conclusion is substantiated that the investigation of certain categories of crimes committed on transport (this is - criminal cases on violations of traffic safety rules and operation of transport, terrorism on transport, encroachments on goods, drug trafficking), as well as supervision of the legality of the production of this investigation have significant features, which are expressed in the fact that there are specific sources of information about crimes, a special list of operational service facilities, exceptions to the general procedure for determining investigation and the need for departmental (official) investigation along with preliminary.
Theoretical significance of the study. The theoretical conclusions formulated in the dissertation make a certain contribution to the development of the science of prosecutorial supervision, concerning, in particular, the powers of the prosecutor, organizational forms and methods of prosecutorial supervision over the legality of the preliminary investigation of crimes in transport.
The current situation in the field of pre-trial proceedings requires a scientific understanding of the means of optimizing procedural guarantees of legality in the activities of preliminary investigation bodies, respect for the rights and legitimate interests of participants in criminal proceedings, and the circumstances noted actualize the need to study the problems of pre-trial proceedings, the ultimate goal of which is to develop the concept of optimal legal regulation of preliminary investigation of criminal cases, which is extremely important in methodological terms for criminal proceedings.
The purpose of the dissertation research. The purpose of the dissertation is to study the main legal institutions of pre-trial proceedings, according to the results of which the author presents the concept of pre-trial proceedings in criminal cases, taking into account the significant changes in criminal procedure legislation that occurred in 2007-2013.\
To achieve this goal , the following tasks were defined:
1) clarify the content of the theoretical foundations of pre-trial proceedings;
2) identify trends in the legal regulation of Russian pre-trial proceedings and determine the directions for its further improvement;
3) to carry out a comparative analysis of foreign pre-trial proceedings and determine the directions of its use in domestic criminal proceedings;
4) to identify the factors that determine the need for the formation of the concept of pre-trial proceedings;
5) to argue the need to improve the stage of initiation of a criminal case;
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The statistical method provided an argument for the expediency of transferring procedural powers during the preliminary investigation from the prosecutor to the head of the investigative body. By means of modeling, the procedural form of an abbreviated inquiry was presented. The comparative legal method with the use of scientific forecasting contributed to the argumentation and formulation of the conclusion about the need to transfer part of the supervisory powers of the prosecutor during the investigation to the head of the inquiry unit. Private scientific methods of cognition were also widely used: with the help of questionnaires, the opinion of heads of investigative bodies, investigators, heads of inquiry units, officials of inquiry bodies, operational commissioners regarding pre-trial proceedings was studied; interviewing allowed determining the opinion of prosecutors on the ratio of prosecutorial supervision and procedural control in pre-trial proceedings. The documentary method made it possible to determine the state of legality in pre-trial proceedings, etc.
Literature:
1. Anashkin, O. A. Terms in criminal proceedings at pre-trial stages / O. A. Anashkin. M. : Prior-izdat, 2006. - 144 p.
2. Artemyev, N. S., Zabelich A.A. Criminal subculture / N. S. Artemyev, A. A. Zabelich. Ryazan : Academy of the Federal Penitentiary Service of Russia, 2012.- 137 p.
3. Bezlepkin, B. T. The desk book of the investigator and the inquirer / B. T. Bezlepkin. M. : Prospect. 2009. - 288 p.
4. Bezlepkin, B. T. The criminal process of Russia / B. T. Bezlepkin. M.: TK Velbi, 2003.- 480 p.
5. Bezrukov, S. I., Bezrukov S.S. Principles of criminal proceedings: the concept, system and general characteristics : textbook / S. I. Bezrukov, S. S. Bezrukov; under the general editorship of V. V. Nikolyuk. Omsk : Omsk Academy of the Ministry of Internal Affairs of Russia. 2005.- 106 p.
