Main Article Content
Abstract
General Background: The legal profession is undergoing significant transformations influenced by advancements in technology and the increasing need for efficient legal processes. Specific Background: This study addresses critical issues in enhancing the legal profession, specifically focusing on the provision of legal services by lawyers and the mandatory involvement of legal representation. It also explores the transition towards digitizing criminal proceedings and the expansion of electronic technologies in legal practice. Knowledge Gap: Despite ongoing reforms, there is a lack of comprehensive strategies for integrating digital advancements within the legal framework, particularly in criminal proceedings. Existing literature does not sufficiently address how to systematically implement these technologies or adapt legal practices accordingly. Aims: This article aims to provide actionable recommendations for improving the legal profession, incorporating electronic technologies in legal practices, and establishing new legal frameworks for electronic criminal proceedings. Results: The study suggests enhancing the role of lawyers in legal processes, emphasizing the necessity of digital integration at all stages of criminal proceedings, and expanding the use of electronic technologies by legal professionals. Additionally, it reviews international practices and highlights the need for new legal foundations to support electronic criminal proceedings. Novelty: This article offers a novel approach by combining insights from both local and international experiences to propose a framework for advancing the digitalization of legal processes. It uniquely contributes to the discourse by recommending specific legal and technological improvements based on comparative studies. Implications: The recommendations provided could significantly influence legal practice by improving efficiency and accessibility in criminal proceedings. They also offer a roadmap for policy-makers and legal professionals to adapt to technological changes, ensuring that legal services remain relevant and effective in a digital age.
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References
- Decree of the President of the Republic of Uzbekistan No. PF-4947 dated February 7, 2017 "On the strategy of actions for the further development of the Republic of Uzbekistan" https://lex.uz/docs/3107036.
- Decree of the President of the Republic of Uzbekistan dated May 12, 2018 No. PF-5441 "On measures to fundamentally increase the efficiency of the Bar Institute and expand the independence of lawyers." https://lex.uz/docs/3731060.
- "Uzbekistan - 2030" strategy approved by the Decree of the President of the Republic of Uzbekistan No. PF-158 of September 11, 2023 // National database of legislative information, 09/12/2023, No. 06/23/158/0694.
- Mirziyoev Sh.M. We will firmly continue the path of democratic reforms based on the development strategy of the new Uzbekistan. The speech of the newly elected President of the Republic of Uzbekistan Shavkat Mirziyoyev at the joint meeting of the chambers of the Oliy Majlis dedicated to the inauguration ceremony // Xalq sozi, November 7, 2021.
- Report on the results of the official visit to Uzbekistan in 2019 by Diego Garcia-Sayan, the UN Special Rapporteur on the Independence of Judges and Lawyers, on July 13, 2020, as part of the 44th session of the United Nations Human Rights Council in Geneva. https://sud.uz/sud-huquq-tizimidagi-islohot/
- Decree of the President of the Republic of Uzbekistan dated May 12, 2018 No. PF-5441 "On measures to fundamentally increase the efficiency of the Bar Institute and expand the independence of lawyers." https://lex.uz/docs/3731060.
- Decree of the President of the Republic of Uzbekistan dated May 12, 2018 No. PF-5441 "On measures to fundamentally increase the efficiency of the Bar Institute and expand the independence of lawyers." https://lex.uz/docs/3731060.
- G. P. Sargsyantz. "Zashchitnik v ugolovnom processe" Tashkent. 1971 St. 13.
- G. P. Sargsyantz. "Zashchitnik v ugolovnom processe" Tashkent. "Uzbekistan" 1971 St. 15
- Criminal Procedure Code of the Republic of Uzbekistan. Tashkent, "Adolat", 1999.
- Gesetz zur Einführung der elektronischen Akten in der Justiz und zur weiteren Förderung des elektronischen Rechtsverkehrs vom 05. July 2017 // BGBL. 2017. I. No. 45. S. 2208.
- See, for example: § 41a (release of appeals and materials received by the court); § 58a, 168, 168a, 168b, 168c (attachment of reports of investigative actions to materials of criminal cases); § 271-274 (recording of court hearings recorded using audio-video recording systems); § 275 (issuance of a court decision issued in the form of an electronic document), etc.
- R. Madaliev. The importance of using videoconferencing in forensic investigation // Available at: https://uzjournals.edu.uz/proacademy/vol1/iss1/38
- Federal Rule of Criminal Procedure. Proving an Official Record. December 1, 2017. — URL: https:// www.law.cornell.edu/rules/frcrmp (data obrashcheniya 20.10.2018).
- Federal Rules of Civil Procedure. December 1, 2016. — URL: https://www.law.cornell.edu/rules/frcp/ rule_44 (data obrascheniya 20.10.2018).
- Searching and Obtaining Electronic Evidence Manual. 2009 // United States Department of Justice. URL: http:// cybercrime.Gov/ssmanual/05ssma.html.
References
Decree of the President of the Republic of Uzbekistan No. PF-4947 dated February 7, 2017 "On the strategy of actions for the further development of the Republic of Uzbekistan" https://lex.uz/docs/3107036.
Decree of the President of the Republic of Uzbekistan dated May 12, 2018 No. PF-5441 "On measures to fundamentally increase the efficiency of the Bar Institute and expand the independence of lawyers." https://lex.uz/docs/3731060.
"Uzbekistan - 2030" strategy approved by the Decree of the President of the Republic of Uzbekistan No. PF-158 of September 11, 2023 // National database of legislative information, 09/12/2023, No. 06/23/158/0694.
Mirziyoev Sh.M. We will firmly continue the path of democratic reforms based on the development strategy of the new Uzbekistan. The speech of the newly elected President of the Republic of Uzbekistan Shavkat Mirziyoyev at the joint meeting of the chambers of the Oliy Majlis dedicated to the inauguration ceremony // Xalq sozi, November 7, 2021.
Report on the results of the official visit to Uzbekistan in 2019 by Diego Garcia-Sayan, the UN Special Rapporteur on the Independence of Judges and Lawyers, on July 13, 2020, as part of the 44th session of the United Nations Human Rights Council in Geneva. https://sud.uz/sud-huquq-tizimidagi-islohot/
Decree of the President of the Republic of Uzbekistan dated May 12, 2018 No. PF-5441 "On measures to fundamentally increase the efficiency of the Bar Institute and expand the independence of lawyers." https://lex.uz/docs/3731060.
Decree of the President of the Republic of Uzbekistan dated May 12, 2018 No. PF-5441 "On measures to fundamentally increase the efficiency of the Bar Institute and expand the independence of lawyers." https://lex.uz/docs/3731060.
G. P. Sargsyantz. "Zashchitnik v ugolovnom processe" Tashkent. 1971 St. 13.
G. P. Sargsyantz. "Zashchitnik v ugolovnom processe" Tashkent. "Uzbekistan" 1971 St. 15
Criminal Procedure Code of the Republic of Uzbekistan. Tashkent, "Adolat", 1999.
Gesetz zur Einführung der elektronischen Akten in der Justiz und zur weiteren Förderung des elektronischen Rechtsverkehrs vom 05. July 2017 // BGBL. 2017. I. No. 45. S. 2208.
See, for example: § 41a (release of appeals and materials received by the court); § 58a, 168, 168a, 168b, 168c (attachment of reports of investigative actions to materials of criminal cases); § 271-274 (recording of court hearings recorded using audio-video recording systems); § 275 (issuance of a court decision issued in the form of an electronic document), etc.
R. Madaliev. The importance of using videoconferencing in forensic investigation // Available at: https://uzjournals.edu.uz/proacademy/vol1/iss1/38
Federal Rule of Criminal Procedure. Proving an Official Record. December 1, 2017. — URL: https:// www.law.cornell.edu/rules/frcrmp (data obrashcheniya 20.10.2018).
Federal Rules of Civil Procedure. December 1, 2016. — URL: https://www.law.cornell.edu/rules/frcp/ rule_44 (data obrascheniya 20.10.2018).
Searching and Obtaining Electronic Evidence Manual. 2009 // United States Department of Justice. URL: http:// cybercrime.Gov/ssmanual/05ssma.html.