122
CUTTING- EDGE SCIENCE
August | 2020
PECULIARITIES OF THE PROSECUTOR'S CONTROL OVER THE
CONSIDERATION OF APPLICATIONS AND REPORTS ON A CRIME AND
THE INITIATION OF A CRIMINAL CASE
Rustamov Nodirbek
Independent researcher of the Academy of the General Prosecutor's Office of the
Republic of Uzbekistan
(Senior Assistant of the Prosecutor of Uchtepa District)
Abstract.The article deals with the issues based on improving the legislation on the main
tasks of prosecutorial control while considering applications and reports of crimes and
initiating a criminal case, the legal mechanism, to eliminate some shortcomings in its
implementation into practice.
Key words: consideration of applications and reports on a crime, preliminary investigation,
inquiry, refusal to initiate a criminal case, revocation of a decision to refuse to initiate a
criminal case, giving instructions, conducting investigative actions.
The need to prevent violations of the law when considering reports of committed or
planned crimes requires the introduction of an effective system of law enforcement at the
stage of initiating a criminal case. In turn, a necessary component of this system is
prosecutorial control in this area.
We may also notice that there are some problems in the investigation practice when
dealing with reports of crimes and other information.
In particular, according to the third part of Article 329 of the Criminal Procedure
Code, only the prosecutor has the right to extend the
period of pre-investigation
investigation of criminal applications and reports to one month by a reasoned decision
of the inquiry officer or investigator. In order to save the time of the prosecutor, as well
as to increase the independence and responsibility of the head of the investigation
department, it is proposed to give the head of the investigation department the following
powers: to give instructions to the inquiry officer, investigator to investigate criminal
reports before the investigation; transfer of pre-investigation materials from one inquiry
officer to another; to give instructions on the nature of the pre-investigation investigation,
as well as on measures to prevent and eliminate crimes. At this point, it is proposed to
fill Article 329 of the Criminal Procedure Code with a new fourth part on the powers
of the head of the investigation department.
An analysis of the practice of preliminary investigation shows that in some cases, pre-
trial investigation is carried out by law enforcement agencies on documents with obvious
signs of a crime, and the issue of timely initiation of a criminal case or legal decision is
delayed.
It should be noted that prosecutorial control, which does not depend on the interests
of various agencies, plays an important role in the system of ensuring the legality and
validity of the initiation of a criminal case.
In accordance with the procedure provided for in the criminal procedure legislation,
the instructions of the prosecutor to the bodies of inquiry and preliminary investigation
related to pre-investigation investigation, initiation of cases and investigation shall be
binding on these bodies. The prosecutor shall make a mandatory presentation on the
identified violations. In this regard, the problem of registration and concealment of a
crime cannot be solved only by improving the methodology of prosecutorial control. To
do this, it is necessary to take measures of an organizational nature at the state level .
Another important area of prosecutorial oversight is overseeing the legality and validity