Preliminary investigation concept

Аннотация

Comments are made in this article to thedefinition of the preliminaryinvestigation concept institute,the views of various scholars in this area are studied and analyzed. Keywords: preliminaryinvestigation, to initiate criminal proceedings, law, notice, application, decision. 168 Scientific research results in pandemic conditions (COVID-19) Introduction. In his speech on the occasion of the 27th Anniversary of the Constitution of the Republic of Uzbekistan, President Shavkat Mirziyoyev noted that the effectiveness of any democratic reforms, the main guarantee of peace and development is directly related to the Constitution and ensuring the rule of law, as well as providing respect for human rights and freedoms, respect for the dignity of every individual are an integral feature of the open, free and just society we are building. Over the past three years, large-scale activity has been carried out in Uzbekistan to improve the judicial-legal sphere, and based on humanitarian principles,to ensure that no person’s rights and freedoms, honor and dignity are violated and unjustly prosecuted for the act that he did not commit.In order to ensure the effectiveness of the reforms, activities on curbing crime and ensuring the inevitability of liability for criminal actsare important.At the same time, the analysis of preliminary investigation practice shows that there are systemic problems and shortcomings that hinder the effectiveness of the agencies carrying out these activities, which negatively affect the impartiality of the bodies that facilitate the detection of crimes.This, in turn, requires measures to be implemented for improving the preliminary investigation process. The preliminary investigation concept is a relatively new concept in the criminal procedure law.However, its novelty is not due to the fact that this concept was not used in legal References:, scientific publications or in the course of interviews with practitioners, but due to the Law of the Republic of Uzbekistan No. LRU 442 “On introducing amendments and addenda to certain legislative acts of the Republic of Uzbekistan”of September 6, 2017and due to the fact that the adoption of the law has a new meaning. In our opinion, it is necessary to know its lexical meaning in order to properly and fully understand the content of the preliminary investigation concept.There is no general concept of preliminary investigation in the explanatory dictionary of the Uzbek language.However, it is possible to know its lexical meaning by analyzing the words used in the vocabulary of this dictionary. According to the Article 3202 of the Criminal Procedure Code: “The preliminary investigationincludes measures to verify statements, messages and other information about crimes, making decisions based on the results of their consideration, as well as measures to consolidate and preserve traces of crime, objects and documents that may be relevant to the case”. In our opinion, there are a number of ambiguities in the preliminary investigationconcept in this provision of the Law, and to clarify them, we 169 Scientific research results in pandemic conditions (COVID-19) found it necessary to refer to the existing tariffs for preliminary investigationin the theory of criminal procedure legislation. To date, there is no consensus in the legal References: on preliminary investigationconcept.This shows that this institution is multifaceted.While some scholars interpret the preliminary investigationprocess as a form of criminal investigation, the second group note the pre-trial phase as an event that takes place before the initial investigation, while the other group describes the pre-investigation process as the activity of certain government agencies, and scholars emphasize that preliminary investigationis a clear concept, an independent stage of the criminal process [1, p.110]. In particular, U.T. Tadjikhanov notes that preliminary investigationis a multifaceted concept and the issue of instituting criminal proceedings, refusing to initiate it is resolved in the process of its implementation [16, p.18]. There is another concept forpreliminary investigation, in which it is emphasized that the registration of anapplication, report or other information about a crime and the conduction of certain investigative and procedural actions to determine the legitimacy and foundations for instituting criminal proceedings,based on the information obtained or identified, the decision-making process to initiate a criminal case or to refuse to initiate a case is understood [5]. According to D.M. Mirazov, the preliminary investigation is the initial stage of the criminal process, in which the application, report and other information about the crimes are examined and the issue of whether or not to initiate a criminal case is resolved.At this stage, the process of protecting the legitimate interests of citizens who have suffered as a result of a crime begins[15]. According to D. Kenjabayev, the