THE LEGAL NATURE AND HISTORICAL DEVELOPMENT OF THE INSTITUTES OF SUSPENSION AND RESUMPTION OF PROCEEDINGS IN CRIMINAL PROCEDURE

Аннотация

INTRODUCTION strengthening the principles of adversarial The constitutional reform of 2023 marked an proceedings and equality of the parties, increasing important milestone in the legal development of the transparency of judicial processes and actively the country. The Basic Law was supplemented with introducing digital technologies. The introduction new provisions strengthening the guarantees of of electronic justice facilitates citizens' access to human rights and freedoms. Particular attention is judicial services and increases their efficiency. It paid to social protection, which is reflected in the should be noted that the reform of probation opens norms on access to education, healthcare and an up new opportunities for the rescialization of environmentally friendly environment. Such a convicts, which contributes to the reduction of legislative initiative is important for ensuring recidivism. social justice and compliance with the principle of equality before the law. The institutions of suspension and resumption of proceedings at the judicial stage of the criminal Serious attention is paid to reforming the judicial process are important elements of the criminal and legal system. The new amendments to the procedural legislation of the Republic of Criminal Procedure Code are aimed at Uzbekistan. Their significance is determined by the https://www.theamericanjournals.com/index.php/tajpslc 100 THE USA JOURNALS THE AMERICAN JOURNAL OF APPLIED SCIENCES (ISSN – 2689-0992) VOLUME 06 ISSUE06 need to ensure the balance between the rights of procedural legislation includes a large-scale participants in the process, effective justice and suspension mechanism, as the legal nature of the achieving the goals of criminal proceedings. The institution of suspension and the position of the Criminal Procedure Code of the Republic of relevant legislation at each stage differ in its Uzbekistan clearly regulates the grounds, accuracy. According to Kh.Kh. Botirov, the procedure and consequences of the suspension and procedural action "suspension of preliminary resumption of production, which is of fundamental investigation" does not have a full character, and in importance for compliance with the law and criminal procedural legislation, the suspension of a protection of the rights of participants in the criminal case can be encountered in preliminary process. investigation, appointment to trial, and trial. Due to the fact that the procedural institution of Criminal proceedings are characterized by actions "suspension" in criminal procedural legislation taken by participants in the process, decisions regulates norms at the preliminary investigation made by them, and deadlines established by and trial stages and is unique in its application procedural law. These components of the process alongside common grounds, it is not advisable to ensure the conduct of procedural activity in a single use a single term when using the word system. It is not always possible to continue the "suspension" at these stages. criminal process uninterruptedly. In practice, it is natural that at almost all stages of the criminal This scholar's assessment stems from the fact that process, circumstances arise that impede and the mechanism for suspending proceedings in hinder the conduct of the case. Objective and criminal procedural legislation is fully aligned with subjective factors contribute to the emergence of different legal foundations and norms at each such situations. An example of such cases is the stage. For example, the grounds and mechanism for suspension of investigative actions and other terminating the case at the preliminary procedural actions. In criminal proceedings, it is investigation stage are based on a number of not only necessary to suspend proceedings, but in practical and theoretical factors related to the some cases it is not advisable not to suspend resumption of criminal proceedings. Furthermore, proceedings. All this is done within the framework at the stage of trial, the legal grounds and of criminal proceedings. conditions for terminating a case become more complex, as court decisions and procedures related When discussing the legal nature of the suspension to the activities of judicial bodies have their own and resumption of proceedings in criminal characteristics. proceedings, there are different opinions on this issue in theory and practice. A number of The main goal of the procedural institution of specialists and legal scholars have expressed clear "suspension" in the legislation is to implement a opinions on scientific research and debates mechanism for temporary suspension of the regarding the legal nature of the mechanism for criminal case and subsequent resumption or suspending and restoring criminal proceedings. continuation of the criminal case in the absence of The theoretical foundations of this institution and a solution to the problems, the implementation of its practical application do not always have th