The concept of development of forensic inquiry in the Republic of Uzbekistan

Аннотация

The article deals with the issues connected with the development of forensic activities in the Republic of Uzbekistan and its legal regulation. The author highlights the advanced international experience, as well as the prospects and development trends of forensic inquiry. Keywords: conception, forensic inquiry, forensic activity, non- governmental forensic institutions. Legal institute of forensic inquiry plays an important role in the course of reforms taken place in legal system. A forensic inquiry provides the most objective, comprehensive, scientifically grounded research of objects requiring special knowledge in various fields of science, technology, craft and art, in order to create a reliable evidentiary basis. In this aspect, issues of development of the Concept for the development of the institution of forensic inquiry in the Republic of Uzbekistan, determination of main directions of its reform, including the improvement of its legal support take on special significance. Forensic inquiry activities in the Republic of Uzbekistan are regulated by the Law of the Republic of Uzbekistan “About forensic inquiry” from June 1, 2010, sectoral codes, a number of Resolutions of the Cabinet of Ministers of the Republic of Uzbekistan, Decrees of the President of the Republic of Uzbekistan and departmental regulatory legal acts. Among the departments and services that carry out forensic activities, the Ministry of Justice, the Ministry of Internal Affairs, the Ministry of Health, the State Security Service, 142 Scientific research results in pandemic conditions (COVID-19) etc. The departmental differentiation of state forensic institutions is characteristic of the CIS countries. In connection with the development of the institution of forensic inquiry, in a number of states, reforms have already been implemented or are being currently carried out in this area. In the framework of implementation of large-scale reforms in the Republic of Uzbekistan in the field of forensic inquiry, Decree of the President of the Republic of Uzbekistan dated January 17, 2019 No. DP-4125 “About measures to further improvement of forensic inquiry activity” was adopted [1], on the basis of which non-governmental education of forensic inquiry was provided. In addition, the Resolution of the Cabinet of Ministers of the Republic of Uzbekistan No. 180 “About approval of the regulations on organization of activities of non-governmental forensic organizations” dated March 24, 2020 was adopted [2], which approved: the Regulation on organization of activities of specialized non-governmental forensic institutions; regulation on procedure for retraining, advanced training and legal knowledge of forensic experts of non-governmental forensic institutions; regulation on procedure for maintaining the Unified Register of persons who received a certificate confirming their professional competence in the relevant specialization. The introduction of this novelty is an important step in the development of the institute of forensic inquiry in the Republic of Uzbekistan. Creation of non-governmental forensic organizations allow to provide the principle of competition between the parties in all types of legal proceedings, ensure the rights and freedoms in full of all participants in the process provided for by law, as well as reduce the high load of state forensic institutions. Moreover, the issue of organizing the activities of non-governmental forensic institutions, their legal support and other aspects is quite relevant for many states. For example, in the Russian Federation a new bill “About forensic activities in the Russian Federation” has been developed, but its discussion, elaboration and adoption lasts from 2013 to the present day [3]. The controversial moment in the adoption of the above the bill is organization of activities of non-governmental forensic inquiry and non-governmental forensic organizations. According to V.A. Prorvich and A.F. Volynsky, transmission of certification functions of non-governmental forensic experts to state forensic organizations will have a devastating effect on competitive conditions in the expert environment [4]. In its turn, E.A. Zaitseva on the bill under consideration emphasizes that carrying out of certification of private experts in state forensic institutions or organizations creates the basis for monopolization of these activities by state institutions (mainly by the Ministry of Justice), generates conditions 143 Scientific research results in pandemic conditions (COVID-19) for the elimination of live competition in the expert environment, and creates favorable conditions for corrupt officials of state forensic organizations serving the certification system. Besides, E.A. Zaitseva especially notes that if the issuance of certificates turns out to be the exclusive property of certain departments, it will become a very tough regulator of this type of activity and an effective tool for competition [5]. At the