FEATURES OF PROCEDURAL INDEPENDENCE OF THE INVESTIGATOR IN THE INVESTIGATION OF CRIMINAL CASES
DOI :
https://doi.org/10.5281/zenodo.18141388Résumé
This scientific research is devoted to a comprehensive analysis of the organizational and procedural factors influencing the effectiveness of ensuring the procedural independence of the investigator in the system of pre-trial proceedings in criminal cases in the Republic of Uzbekistan, strengthening its legal guarantees, as well as the effectiveness of investigative activities. The study substantiates that in the current conditions of deepening judicial and legal reforms, when human rights are becoming a priority principle, the freedom of the investigator in making decisions, the degree of protection from external and internal administrative pressures are a decisive factor determining the effectiveness of the criminal justice system.
The work scientifically reveals that illegal interference in the investigation process, the excessive strength of departmental subordination mechanisms negatively affect the presumption of innocence, the principles of transparency and justice. At the same time, the current Criminal Procedure Code, normative legal acts in the judicial and legal sphere adopted in 2021-2024, as well as legislative changes aimed at improving the system of combating economic crimes in 2025 were analyzed, and their impact on the real independence of the investigator was assessed.
The study reveals the theoretical and legal content of the concepts of jurisdiction and jurisdiction, and a comparative analysis of their interpretation in national and foreign (mainly Russian legal doctrine) sources is carried out. The author substantiates the possibility of ensuring a fair distribution of powers in investigative activities by distinguishing these concepts and giving them a clear definition. Also, the practice of organizing an investigation through departmental orders and instructions, their influence on the procedural independence of the investigator is analyzed, and the need to adopt a separate regulation for the activities of the newly created department under the Prosecutor General's Office is put forward as a scientific conclusion. These proposals serve to ensure legality, justice, and human rights in criminal proceedings.
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