Вопросы международного сотрудничества прокуратуры Республики Узбекистан в рамках взаимодействия с международными организациями

Аннотация

ушбу мақолада жиноятчиликка қарши кураш соҳасида прокуратура органларининг халқаро ҳамкорлиги ва иштироки масалалалари ёритилган. Шунингдек, мақолада шахсни жиноий жавобгарликка тортиш учун ушлаб беришнинг процессуал жиҳатлари- га ҳам тўхталиб ўтилган. Калит сўзлар: халқаро ҳамкорлик, ҳуқуқий ёрдам, прокуратура органлари, минтақавий халқаро ташки- лотлар. Introduction. It should be noted that the annual in- crease in the volume of mutual legal assistance provided by the CIS (Commonwealth of Independent States) mem- ber states and the SCO (Shanghai Cooperation Organiza- tion) on criminal prosecution and extradition of individuals - is objective reality, a consequence of the expanding in- teraction of law enforcement agencies of the participating states of these organizations. In addition, the active development of this area of co- operation in recent years, as well as the improvement of international legal norms and domestic legislation in the criminal process, objectively determine the urgent need to improve the institution of extradition, prosecution and other forms of legal assistance in criminal matters, and at the law enforcement level. It should be noted that the agree- ments of states on extradition are aimed at ensuring the inevitability of punishment of persons for whom there is evidence of their crimes [1]. The responsibility for carrying out extradition inspec- tions for the uniform execution of laws is vested in territo- rial prosecutors, or rather senior assistants and assistant prosecutors on international legal issues in Tashkent, the Republic of Karakalpakstan and oblasts. Upon receipt of a message from a supervised internal affairs body about the detention of a person sought by the competent authorities of a foreign country, the prosecutor or investigator of the prosecutor's office, having estab- lished his identity, fills in a 24-hour period from the mo- 90 2019 №4 ♦ ЎЗБЕКИСТОН ҚОНУНЧИЛИГИ ТАҲЛИЛИ ♦ UZBEK LAW REVIEW ♦ ОБЗОР ЗАКОНОДАТЕЛЬСТВА УЗБЕКИСТАНА ЎЗБЕКИСТОН ҚОНУНЧИЛИГИ ТАҲЛИЛИ ♦ UZBEK LAW REVIEW ♦ ОБЗОР ЗАКОНОДАТЕЛЬСТВА УЗБЕКИСТАНА ment of detention the list of the detainee's express inter- study of the judicial and investigative practice of the Re- view in the prescribed form. public of Uzbekistan leads to the conclusion that the rea- After that, the detainee gives a detailed explanation of son for the courts' cancellation of decisions on extradition the purpose of arrival in the Republic of Uzbekistan, the is incomplete observance of the conditions provided for in place, time of residence and registration, citizenship, Art. 601 of the Code of Criminal Procedure of the Republic presence or intention to receive asylum in connection with of Uzbekistan (and by the relevant international treaties) possible persecution in the country of citizenship on the under which the Republic of Uzbekistan may extradite basis of race, religion, citizenship, nationality, group or on foreign citizens or stateless persons from abroad to prose- political convictions, circumstances and motives of crimi- cute or execute a sentence. nal prosecution or conviction in a foreign state, possible According to Article 601 of the Criminal Procedural obstacles to its extradition. Also about the place of regis- Code of the Republic of Uzbekistan, a person may be ex- tration and residence at the time of entry into force of the tradited, in particular, when the foreign state that sent the Law "On Citizenship" of the Republic of Uzbekistan of July request can guarantee that the person against whom the 2, 1992. request for extradition is sent will be prosecuted only for The legislator in art specifies circumstances that ex- the offense stated in the request and after the end of the clude extradition, according to Article 603 of the Criminal trial And the serving of the punishment will be free to leave Procedural Code of the Republic of Uzbekistan. In the the territory of the given state, and also will not be sent, absence of data at the time of detention, excluding the transferred, or given out to a third state without the con- extradition of the detainee, the prosecutor ensures the sent of the Republic of Uzbekistan. detention of such person for 72 hours. At the same time, in the criminal procedure legislation According to the rules of the United Nations Conven- of a number of CIS member states, there are currently no tion against Transnational Organized Crime and a number standards that require issuing the above guarantees when of other international treaties of the Republic of Uzbekistan sending requests for extradition. on extradition, when a person is detained in order to en- Firstly, extradition procedures are becoming more flex- sure his possible extradition, the requested party applies ible and wider in scope. Modern treaties no longer contain domestic legislation. a limited list of extradition crimes; extradition has become In this regard, in order to ensure the rights of detained possible for any serious crime.