SOME ASPECTS IN THE APPLICATION OF CURRENT PRECAUTIONS

Аннотация

In this article, the procedure for applying preventive measure as existing detention in the criminal process, its specific features, analysis and existing problems in its application are presented, and relevant recommendations and proposals for the development of practice in this regard are formulated. Key words: crime, criminal process, precautionary measure, jail, serious crime, proceedings before the court. In a situation where the protection of human rights and freedoms, which has become the essence of the literally democratic reforms implemented in new Uzbekistan, is recognized as the main goal of the life of the state and society, the use of a preventive measure in the form of imprisonment, that is, a certain in a sense, the issues related to the restriction of the freedom of the citizen attract the attention of legal researchers and experts in this field more than ever. There are several reasons and factors for this: First of all, today "making the principles of justice and the rule of law the most basic and necessary condition for development"[1], as well as "the rule of law and constitutional legitimacy" defined as the 14th goal in the "Development Strategy of New Uzbekistan for 2022-2026" provision and determination of human dignity as the main criteria of this process"[2] should not be violated when the legal requirements for the application of a preventive measure in the form of imprisonment become an urgent issue; secondly, the legal guarantee of personal privacy in international law is defined as one of the most important factors for ensuring the protection of human rights; thirdly, in the course of conducting a criminal case, the citizen will be prevented from being subjected to illegal criminal prosecution and illegal actions by investigative bodies. The legislation of Uzbekistan defines the procedure for applying preventive measures in the form of imprisonment, and according to Article 27 of the Constitution, "arrest and detention are allowed only by court decision. A person cannot be detained for more than forty-eight hours without a court order.”[3] This constitutional provision guarantees that a suspect accused of committing a crime is under the protection of the court at the initial stage of the 77 MODELS AND METHODS IN MODERN SCIENCE International scientific-online conference criminal case. And this progressive, humane norm is fully consistent with the universally recognized principles of international law. Article 9 of the International Covenant on Civil and Political Rights, which has been ratified by many countries of the world and is recognized as an extremely important document in international law, states: "No one shall be arbitrarily arrested or detained it's not. "No one can be deprived of liberty on grounds and procedures other than those established by law", "Any person arrested or detained on criminal charges shall immediately be brought before a judge or other official authorized by law to exercise judicial power." important international norms such as the right to be brought to court and be released within a reasonable period of time"[4]. The practice of allowing detention by judicial authorities is called the institution of "habeas corpus" in international law (lat. habeas corpus, literally - "bring the body to court", meaning - "bring the arrested person to court in person") considered by legal scholars as the most important means of protecting individual freedom and integrity. "Precautionary detention is carried out in cases of intentional crimes punishable by imprisonment for more than three years in the Criminal Code and crimes committed as a result of carelessness, for which the Criminal Code provides a punishment in the form of imprisonment for a period of more than five years. is used according to" [5]. (Article 242 of the Criminal Code) Types of precautionary measures in the legislation of our country (receipt of good behavior; personal guarantee, public association or group guarantee; bail; house arrest; imprisonment; transfer of minors for observation; behavior of a military serviceman -command surveillance over the character[5]) is defined, and among them, the precautionary measure in the form of imprisonment is the most serious measure, which causes severe consequences, and is characterized by a direct impact on a person's personal life. Naturally, the freedom of the person to whom this precautionary measure is applied is significantly limited. "The precautionary measure is to prevent the accused, the defendant from evading the inquiry, preliminary investigation and court; preventing his further criminal activity; to prevent his legitimate attempts to find out the truth about the case; used to ensure the execution of the sentence" [5]. (Article 236 of the Criminal Code) " X abeas corpus" institute has been used in our country since 2008. According to the Law O'RQ-100 of July 11, 2007 "On Amendments and Additions to Certain Legislative Documents of the Republic