PROCEDURAL LEGAL STATUS OF THE INVESTIGATOR : POWERS AND FACTORS OF IMPROVEMENT
- Authors
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Khalilov Shоkhrukh Mirzo Boymurod Ogli
Teacher of Law Enforcement Academy of the Republic of Uzbekistan
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- Keywords:
- Investigator, Investigator's procedural status, Independence, Logical analysis, Procedural authority, Procedural action, Principle, Obligation, Procedural document
- Abstract
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Objective: This study examines the legal status and procedural independence of criminal investigators in Uzbekistan, focusing on their crucial role in ensuring fairness and objectivity in criminal investigations. Method: Using a doctrinal research approach, the study analyzes the Criminal Procedure Code of Uzbekistan and scholarly works by K.P. Grigorieva and V.D. Darmaeva. It also reviews case law and practical examples to assess the real-world application of procedural independence, categorizing the findings into themes on investigators' powers, independence, and challenges. Results: The study finds that procedural independence is vital for ensuring fairness in criminal investigations. The legal framework grants investigators broad powers, but challenges such as political pressure, limited resources, and lack of expertise hinder their ability to exercise these powers independently. These challenges underscore the need for stronger protections, resources, and training to support investigators in maintaining objectivity and autonomy. Novelty: This research provides a comprehensive analysis of both the theoretical and practical aspects of procedural independence. It highlights real-world obstacles faced by investigators, emphasizing the importance of adequate legal protections, resources, and professional development to ensure investigators can carry out their duties impartially and effectively, contributing to a just criminal justice system.
- References
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Criminal Procedure Code of the Republic of Uzbekistan, Second Part: Participants in the Criminal Process. Available: https://lex.uz/docs/111460.
K. P. Grigorieva, "Procedural status of the investigator: Concept and powers," Young Scientist, no. 12 (407), pp. 135-137, Mar. 2002.
V. D. Darmaeva, Criminal-Procedure Status of the Investigator, Author’s abstract of candidate of legal sciences dissertation, Moscow, 2003, p. 6.
F. B. Mukhametshin and R. R. Gumerova, "Criminal procedural status of the investigator in criminal proceedings," Vestnik of St. Petersburg University of the Ministry of Internal Affairs of Russia, no. 2 (78), pp. 103, 2018.
Criminal Procedure Code of the Republic of Uzbekistan, Available: https://lex.uz/acts/111460.
Commentary on the Criminal Procedure Code of the Russian Federation, edited by D. N. Kozak and E. B. Mizulina, Moscow, 2002, p. 135.
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- Published
- 2024-11-05
- License
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This work is licensed under a Creative Commons Attribution 4.0 International License.
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