EFFECTIVE USE OF THE OPPORTUNITIES OF SPECIALISTS AND INTERPRETERS WHO ARE PUBLIC REPRESENTATIVES IN THE INVESTIGATION PROCESS

EFFECTIVE USE OF THE OPPORTUNITIES OF SPECIALISTS AND INTERPRETERS WHO ARE PUBLIC REPRESENTATIVES IN THE INVESTIGATION PROCESS

Nodira Khushvaktova

Doctoral student of the Faculty of Postgraduate Education Academy of Ministry of Internal Affairs of the Republic of Uzbekistan,

Uzbekistan, Tashkent

ABSTRACT

The article is devoted to issues related to ensuring the participation of experts and translators in the preliminary investigation and investigation stages. In the investigation of crimes, a specialist and translator will help to determine the truth, expose the guilty so that no person without guilt is brought to justice and convicted, and ensure the correct implementation of the law, the rights and legitimate interests of individuals. In this article, the author put forward a number of proposals from the side of the investigative body to identify the competence of specialists and translators and improve the procedure for their involvement in the work.

Keywords: pre-trial proceedings, preliminary investigation, investigation, specialist, translator, competence, cooperation, memorandum, single electronic database.

Introduction.

In the following years, comprehensive reforms are being carried out to ensure public participation in Criminal Procedure relations in the Republic. In particular, in the "Development Strategy of New Uzbekistan for 2022-2026", forming a new image of law enforcement agencies and directing their activities to the effective protection of people's interests, human dignity, rights and freedoms, civil society institutions of state bodies, mass media and establishing effective cooperation with educational organizations.

Materials and methods.

The article examines the issue of further improvement of cooperation between investigative bodies and the public in order to effectively use the forces and opportunities available in society to identify, expose and prevent crimes at the stage of pre-trial proceeding.

Analysis, comparative analysis, deduction, logical, statistical, systematic approach methods were used during the research.

Results.

Today, in our practice, there are a number of problems regarding ensuring the participation of experts and translators in investigative activities. The reason is that the identity of the specialist, the requirements for him, and the procedure for involving him in the case are not sufficiently covered in the criminal procedural law. This causes various debates among scientists and practitioners [1; 60-61].

We found it necessary to pay special attention to determining the competence of experts and translators involved in the criminal process. Because the high level of experts and translators serves to protect the truth and ensure justice in criminal proceedings.

We found it necessary to use the word "competence" instead of the phrase "necessary knowledge and skills" specified in the CPC. First, let's comment on the word" competence". Competence is derived from the Latin word compete, which means achieve, conform. In addition to this, a set of specific knowledge, skills, and abilities acquired by a person is also considered a competency [2; 396].

Professional competence is the acquisition of knowledge, skills and abilities necessary for professional activity by a specialist and their practical application at a high level [3; 4].

Competence of a specialist is his having sufficient special knowledge, which is confirmed by his relevant education, professional and life experience. The investigator must have a real opportunity to check the competence of the specialist. In this case, the official can study the specialist's diploma, certificate, certificate, reference from the place of work, certificate and attach a copy of it to the work. In his dissertation, I.I. Bunova considers that the main method of checking the competence of the translator is to question him as a witness, and the author states that in 65% of the criminal cases he studied, the translator was questioned as a witness [4; 101].

However, we cannot fully agree with the opinion of the author. The reason is that in order to confirm the translator's (specialist's) competence, we believe that it is necessary to attach the documents related to his knowledge of this language (possession of special knowledge) to the criminal case. Only in cases where it is not possible to determine this at all, we believe that it is appropriate to use confirmation of knowledge in a certain field by questioning the person as a last resort.

In some studies, it is indicated that when assessing the competence of an investigative body, it is necessary to study his education, specialization and work experience [5; 230].

We think that in fact, when engaging a specialist in the investigation of a criminal case, it is necessary to take into account not only his knowledge, but also his practical experience in this field and work experience.

To express our opinion more clearly, if we turn to the competence of a pedagogue: according to Article 44 of the Law "On Education", persons with appropriate education, professional training and moral and ethical qualities has the right to engage in pedagogical activities. If the legislation does not provide otherwise, persons without a higher pedagogical education are given the right to engage in pedagogical activities in educational organizations (except higher education organizations) after passing retraining courses [6].

Therefore, not only higher, but also persons with secondary-special education can engage in pedagogical activities. Of course, it is appropriate to employ a highly educated pedagogue. However, to participate as a pedagogue in the interrogation of a 6-year-old witness, a choice between an international class trainer, a teacher of a higher education institution and an educator with many years of experience in a secondary-specialized pre-school education institution when there is no doubt, it will be necessary to make a decision in favor of an educator who has practical skills in communicating with the child.

Discussion.

In general, one of the main reasons for the insufficient use of the knowledge of specialists is the lack of information about the specialization of these specialists, their activities, and where they provide services. As its solution, one scholars offered investigators to create references [7; 138] or registers [8; 126], which reflected the address and telephone numbers of research institutions, universities, specialized institutions, public associations (cultural, historical, numismatic and other)through the use grifi in service. Other authors, on the other hand, came up with the idea of creating a program that determines when to call which professional [9; 129].

In our opinion, the best way to connect the public with the investigation authorities is to draw up memorandums of cooperation between the authorities and the Ministry of Internal Affairs, where the experts we need work. On the basis of this memorandum, through the letter of recommendation of the enterprise, organizations and institutions and the written consent of the person, experts and translators who can participate in the investigation, documents confirming their identity and competence, work experience and activity, residence and work address, telephone numbers, e-mail address It is necessary to create a single electronic database, where the information is collected.

References:

1. Drozdenko A. O., Yanin M. G. The problem of the role of the conclusion of a specialist in criminal proceedings // Bulletin of the Chelyabinsk State University. Series: Law. 2021. Vol. 6, no. 1 - p.60-61.
2. Annotated dictionary of the Uzbek language: under the editorship of A. Madvaliyev // "National Encyclopedia of Uzbekistan" State Scientific Publishing House - T.: 2020 - P. 396
3. Rakhimov Z. T. Pedagogical competence as an important factor in the development of the educational process // Modern education T.: 2019, 7(80) – P. 4
4. Bunova I.I. Participation of an interpreter in criminal proceedings: dis. … cand. legal Sciences. M.: Academy of Management of the Ministry of Internal Affairs of Russia, 2013. P. 101.
5. Yargutova V.Yu. Participation of a specialist in the formation of evidence in criminal cases on crimes in the field of economic activity: theoretical and applied aspects: specialty 12.00.09 “Criminal procedure; criminalistics; theory of operational-investigative activity”: dissertation for the degree of candidate of legal sciences / Yargutova Veronika Yurievna; Ministry of Internal Affairs of the Russian Federation Nizhny Novgorod Academy. - Nizhny Novgorod, 2019 - P. 230.
6. Law of the Republic of Uzbekistan "On Education" of September 23, 2020 https://lex.uz/docs/5013007 (Date of application: 01/27/2022)
7. Konstantinov A.V. Procedural and organizational problems of participation of a specialist in criminal proceedings at the stage of preliminary investigation 12.00.09 “Criminal process; criminalistics; theory of operational-investigative activity”: dissertation for the degree of candidate of legal sciences / Konstantinov Aleksey Valentinovich; Russian Customs Academy. - Moscow, 2006 - S. 138.
8. Guskova A.V. The Function of an Interpreter in Criminal Procedure 12.00.09 “Criminal Procedure; criminalistics; theory of operational-search activity”: dissertation for the degree of candidate of legal sciences / Guskova Anna Vyacheslavovna; Ministry of Internal Affairs of the Russian Federation Nizhny Novgorod Academy. - Nizhny Novgorod, 2018 - P. 126.
9. Shuvalova M.A. Participation of a psychologist and teacher in criminal proceedings: diss. cand. legal Sciences: 12.00.09 / Shuvalova Maria Aleksandrovna. - St. Petersburg, 2019. - P.129.