ADVANCED EXPERIENCE OF FOREIGN COUNTRIES IN ENSURING THE ADMISSIBILITY OF EVIDENCE AND ISSUES OF ITS IMPLEMENTATION IN NATIONAL LEGISLATION

Аннотация

This article analyzes the advanced experience of foreign experts in ensuring the admissibility of evidence and the issues of its implementation in national legislation. The norms of the Criminal Procedure Code of the Republic of Uzbekistan on the admissibility of evidence are studied from a comparative legal point of view. Based on the results of the analysis and research, the author's substantiated proposals and recommendations are elaborated. Keywords: crime, evidence, admissibility, evidence collection, examining evidence, evaluating evidence, proving. Compliance with the conditions for ensuring the admissibility of evidence in criminal proceedings is a complex process, and when studying the issue of improving this process, it is important to carefully study the positive experience of foreign countries in this regard and conduct a comparative legal analysis. analysis. The “Concept for Improving the Criminal and Criminal Procedure Legislation of the Republic of Uzbekistan” has already been adopted, approved by the Resolution of the President of the Republic of Uzbekistan No. 3723 of May 14, 2018 “On measures to fundamentally improve the system of criminal and criminal procedural legislation”, Criminal Procedure Legislation as one of the completely new priorities of the state criminal law policy in paragraph 1.4 of Section II Defines the task of “further improving the system of criminal procedure principles taking into account modern approaches, advanced international standards and foreign practice”. However, in Section II of this Concept, entitled “expected results from its implementation, the introduction of advanced Foreign Experience into criminal and criminal procedure legislation taking into account national peculiarities and conditions”,1 it is necessary to consider the prospects for introducing positive experience into national legislation. Thinking about introducing advanced foreign experience into criminal and criminal procedure legislation requires, first of all, a thorough analysis of this positive experience based on a number of criteria. It is worth noting that the unique experience of foreign countries in ensuring the admissibility of evidence has been improving over many years as a result of socio-political and other factors existing in them, and in this regard, one can see a variety of legal 1 Ўзбекистон Республикаси Президентининг 2018 йил 14 майдаги “Жиноят ва жиноят-процессуал қонунчилиги тизимини тубдан такомиллаштириш чора-тадбирлари тўғрисида”ги ПҚ-3723-сон қарори // http://lex.uz. 7 ILM-FAN VA INNOVATSIYA ILMIY-AMALIY KONFERENSIYASI in-academy.uz/index.php/si requirements and conditions for the admissibility of evidence, that is, simplified or, conversely, more complex forms. In our opinion, it would be appropriate to systematize these conditions based on the provisions of the criminal procedure legislation of our country, and such a selection will further improve the quality and effectiveness of the analysis. Moreover, part three of Article 95 of the Criminal Procedure Code of the Republic of Uzbekistan provides that evidence will be considered admissible only if it is collected in the prescribed manner and meets the conditions stipulated in Articles 88, 90, 92-94 of this Code. An analysis of the rules defined in the above-mentioned Articles 88, 90, 92-95 allows us to classify the conditions determining the admissibility of evidence as follows: 1) collection of evidence in the manner prescribed by law; 2) the obligation to protect the rights and legitimate interests of citizens, enterprises, institutions and organizations in the process of proving (Article 88 of the Criminal Procedure Code); 3) the obligation to record evidence in the protocol of the investigative action or court hearing (Article 90 of the Criminal Procedure Code); 4) mandatory verification of evidence (Article 94 of the Criminal Procedure Code). Now we will analyze these classifications in a comparative legal aspect with the conditions established in the criminal procedure legislation of foreign countries, and we will try to show the positive achievements and shortcomings of these countries. 1. Collection of evidence in accordance with the law. According to the first part of Article 87 of the Criminal Procedure Code of the Republic of Uzbekistan “Examination of evidence and judicial actions: interrogation of a suspect, accused, defendant, witness, victim, expert; femalization; show for recognition; checking the show at the scene of the incident; takeaway food; search; review; testimony; exhumation of a corpse; conduct an experiment; taking samples for expert examination; appointment of inspection and verification; acceptance of provided materials and documents; it is collected by listening to conversations carried out through telephones and other telecommunication devices, receiving information transmitted through them, as well as conducting operational- search activities”2. Therefore, according to the legislation