Peculiarities of evidence in criminal investigation and judicial proceedings in the republic of Uzbekistan based on foreign experience

Аннотация

This article examines the types of operational investigative activities, the implementation of operational investigative activities and the main tasks of operational investigative activities and measures to ensure the legality of the results of activities, the legality of evidence collected during operational investigative activities, and provides scientific, theoretical and practical recommendations on the basics using this evidence as the main means in the investigation of crimes, as well as in proving guilt at a court hearing. At the same time, the opinions and reasoning of theoretical scientists and experienced employees were analyzed. Keywords: Operational investigative activity, type of event, operational experiment, prosecutorial supervision. investigative procedures, their procedural form, and Introduction: Operational-search activity has been the principle of applying only legally prescribed cooperating with the fair judicial-investigative system procedural means of proof. According to German for over two centuries. Its tasks have always included criminal procedure law, it is concluded that it is detecting crimes, uncovering them, and identifying and inadmissible to use operational data obtained during locating suspects who are to be handed over to judicial- criminal proceedings as evidence, or to convert such investigative authorities—and it continues to perform information into court evidence by questioning the these functions today. Attitudes and approaches officials conducting the operational-search activities or toward operational-search activity may vary. However, individuals involved in the case. [1] its necessity cannot be denied on any grounds. For this reason, such activity has always continued to evolve According to the experiences of many foreign and is still developing today, existing in all countries as countries, non-traditional methods that are beyond the one of the main tools in the fight against crime, never scope of court-investigative authorities are also used to losing its relevance across all periods. detect, uncover, and prove crimes. These include interrogation under psychological pressure, use of Conducting operational-search measures refers to the polygraphs (lie detectors), extrasensory perception, process of implementing a set of operational and other and biorhythmology. However, such methods cannot measures aimed at preventing or solving crimes serve as a scientifically or ethically grounded basis for committed or being committed by persons reasonably proving a criminal case during the judicial-investigative suspected of a crime, as well as identifying and stage. capturing fugitives from justice—particularly in cases where achieving these goals by other means is Only reliable and traceable information within the impossible or extremely difficult. scope of a criminal case can be relevant to the subject of proof. The relevance of evidence means that it Given the tasks of combating crime, there must be pertains to the criminal case, complies with the sufficient reasons and grounds for making a decision to requirements for evaluating evidence, and is significant conduct operational-search measures. for the lawful resolution of the case. [2] Using information obtained in criminal cases as When analyzing foreign practices, we find that Swiss evidence contradicts the essence of judicial- legislation outlines ten key characteristics for using International Journal of Law And Criminology 39 https://theusajournals.com/index.php/ijlc International Journal of Law And Criminology (ISSN: 2771-2214) evidence gathered from operational-search activities formed from experience; as primary means of proof, namely: • When evaluating evidence, the court is obliged • Rules on proof are part of the subject of to thoroughly and comprehensively examine all criminal law; available evidence; • Only authorized state bodies are recognized as • Evidence prohibited for use by the court must subjects of proof; not be considered in delivering a verdict or used as proof. • The burden of proof is placed solely on the prosecuting party; In the criminal procedure legislation of the Russian Federation as well, the subject responsible for proving • There is no limit to the quantity of evidence; the case evaluates evidence obtained as a result of • All evidence is evaluated freely without any operational-search activities based on internal exceptions; conviction, law, and conscience. [4] • If admissible evidence is obtained in an In foreign countries such as the United States, the inadmissible manner, it is also considered inadmissible; United Kingdom, Poland, and Germany, even lawyers, • The theory of asymmetry is not recognized, in cases where a crime has been uncovered or solved meaning equal standards apply to both prosecution through operational-search activities, may conduct and defense evidence; independent investigations to collect evidence aimed • The verification of evidence is not viewed as an at pr