International Journal of Law And Criminology
40
https://theusajournals.com/index.php/ijlc
VOLUME
Vol.05 Issue06 2025
PAGE NO.
40-43
10.37547/ijlc/Volume05Issue06-09
The Concept of Prosecutorial Verification of Law
Enforcement and Its Regulation in Legal Acts
DJUMAYEV Shokhjakhon Begimkul ugli
The doctoral student of thе Law Enforcement Academy of the Republic of Uzbekistan, Senior lecturer of Training Institute for lawyers,
Uzbekistan
Received:
25 April 2025;
Accepted:
21 May 2025;
Published:
23 June 2025
Abstract:
This article researches about the concept of prosecutorial verifications, the grounds for their conduct,
legal issues related to their regulation by law, and also offers suggestions for improving legislation, taking into
account foreign experience.
Keywords:
The prose
cutor, prosecutor’s verification, grounds
for vertification, the consept of prosecutor’s check
.
Introduction:
Comprehensive reforms are being
carried out in the country aimed at improving and
democratizing public administration, raising the
standard and quality of living of the population, and
ensuring the integrated development of regions.
In this process, measures are being taken by the
prosecution authorities to ensure the implementation
of adopted legal acts, as well as to strengthen legality
and law and order in society.
Likewise, the “Development Strategy of New
Uzbekistan for 2022
–2026,” approved by the Decr
ee of
the President of the Republic of Uzbekistan No. PF-60
dated January 28, 2022, outlines 100 specific goals, one
of which
—
Goal 17
—
is dedicated to improving the
activities of the prosecution bodies.
It sets the task of establishing a solid legal foundation
for an open, fair, and strictly law-abiding prosecutorial
system, and of turning the principle “Law –
Supreme,
Punishment
–
Inevitable” into a core guideline.
As noted by the President of our country, Shavkat
Mirziyoyev: “The role of the prose
cution bodies is
significant in comprehensively strengthening the
legislative framework and ensuring strict compliance
with laws, raising the legal awareness of citizens,
developing a democratic rule-of-law state, supporting
private property and entrepreneurial activity, and
ensuring their reliable protection” .
“The activities of the prosecutor’s offices are an
important mechanism for ensuring legality in our
country, promptly identifying and eliminating
violations of citizens' rights and legitimate interests.
The special legal status of the prosecutor’s office —
the
function of supervising the precise and uniform
execution of the Constitution and laws throughout the
country
—
indicates that the prosecutor’s office is a key
div in coordinating efforts to
uphold the rule of law”
Legal scholar B. Kh. Polatov also stated: “The work of
the Prosecutor’s Offices of the Republic of Uzbekistan
is also organized based on sectoral orders of the
Prosecutor General. These are based on the
Constitution of the Republ
ic of Uzbekistan, the Law ‘On
the Prosecutor’s Office’, and other laws of the Republic
of Uzbekistan.”
Indeed, according to Article 1 of the Law of the Republic
of Uzbekistan “On the Prosecutor’s Office”, the
prosecutor’s offices oversee the strict and un
iform
execution of laws in the Republic of Uzbekistan.
According to Article 2 of the same Law, the main tasks
of the prosecutor’s offices of the Republic of
Uzbekistan are to ensure the rule of law, strengthen
legality, protect the rights and freedoms of citizens,
safeguard the interests of society and the state
protected by law, defend the constitutional order of
the Republic of Uzbekistan, and prevent and provide
prophylaxis against legal violations.
In order to carry out these tasks effectively and
meaningfully, conducting high-quality prosecutorial
inspections is of great importance.
International Journal of Law And Criminology
41
https://theusajournals.com/index.php/ijlc
International Journal of Law And Criminology (ISSN: 2771-2214)
To explain the essence and meaning of prosecutorial
inspection, it is first necessary to pay special attention
to the concept of inspection itself, its types, and its
purpose.
Verification
is a form of control carried out by
supervisory and law enforcement agencies over the
compliance with laws and other legal acts regulating
the activities of specific enterprises, institutions, or
organizations.
The following types of inspections exist:
•
Comprehensive inspection;
•
Financial and economic activity inspection;
•
Planned inspection;
•
Unscheduled inspection;
•
Short-term inspection;
•
Cross-check inspection;
•
Follow-up inspection.
Comprehensive inspection
–
an inspection conducted
simultaneously by two or more supervisory bodies.
Planned inspection
–
an inspection included in the
annual (quarterly) inspection plan approved by the
Council for Coordination of the Activities of the
Republic’s Supervisory Bodies.
Unscheduled inspection
–
an inspection not included in
the annual (quarterly) inspection plans, conducted by
supervisory bodies under the procedures and
circumstances provided by law (including short-term
inspections).
Short-term inspection
–
an inspection carried out by
supervisory bodies within a single working day, not
related to the financial and economic activities of
business entities (in business entities operating during
evening and/or nighttime hours
—
from 6:00 PM on the
day of inspection until 6:00 AM the next day
—
a short-
term inspection is conducted for up to eight hours from
the moment it begins).
Cross-check inspection
–
an inspection involving the
comparison of documents located in different business
entities or in different departments of the same entity,
connected by similar operations.
Follow-up inspection
–
an inspection conducted by
supervisory bodies to verify whether legal violations
identified in a previous inspection have been
eliminated by the business entity.
Prosecutorial inspections are an important instrument
for establishing prosecutorial supervision over the
execution of laws and for identifying legal violations .
Prosecutorial inspections manifest as a mandatory
attribute of the “general supervision” activity.
As noted by N.R. Koreshnikova in her dissertation for
the Candidate of Legal Sciences degree, prosecutorial
inspections are conducted, on the one hand, to
evaluate the actions of authorized officials, identify
violations of the law, and detect offenses committed in
connection with the powers reflected in their charters.
In our view, this opinion cannot be fully agreed with.
Since the prosecutor supervises the strict and uniform
execution of laws, inspections are carried out not only
regarding the powers outlined in charters but also from
the standpoint of the enforcement of other legal acts
that have higher legal force than the charter.
Therefore, it must be acknowledged that the scope of
prosecutorial inspections is quite broad.
The
following
characteristics
of
prosecutorial
inspections stand out:
Legality
: prosecutorial inspections are conducted on
the basis of law and aimed at its enforcement;
Imperative nature
: the prosecutor’s inspections have
mandatory significance;
Objectivity and independence
: the prosecutor’s
inspection activities are not influenced by any opinions;
the inspections are targeted at specific goals and
regulated solely by legal acts. Furthermore,
departmental normative legal acts related to
prosecutorial activities prohibit assessing prosecutors'
performance based on the number of inspections
conducted or the documents of prosecutorial
supervision applied;
Inspections are carried out within the timeframes
established by law;
They are conducted on the basis of transparency.
“In the theory and practice of prosecutorial
supervision, there are several types of inspections
conducted by prosecutors to check the enforcement of
laws. In particular, in prosecutorial supervision
practice, types such as planned and current
inspections,
targeted
(subject-specific)
and
comprehensive inspections, detailed inspections, joint
inspections, and follow-
up inspections are carried out”
.
According to the scope of participants, prosecutorial
inspections can be classified into the following types:
Inspections conducted by a single prosecutor;
Inspections conducted by a group of prosecutors;
Inspections conducted by a prosecutor (or prosecutors)
with the participation of specialists. This classification
has significant methodological importance .
An inspection conducted by a single prosecutor is
mainly carried out on relatively simple cases regarding
the strict and uniform enforcement of a specific law in
a particular inspection object.
International Journal of Law And Criminology
42
https://theusajournals.com/index.php/ijlc
International Journal of Law And Criminology (ISSN: 2771-2214)
In our opinion, prosecutorial inspections conducted by
several prosecutors are carried out on complex and
more significant cases. For example, complex and
significant cases refer to situations involving legal
violations that cause serious harm to the interests of
the state and society, which require immediate
elimination; otherwise, they harm the interests of the
majority. Here, “majority” means two or more persons.
Specialists are involved in prosecutorial inspections at
the request of the prosecutor. When conducting
prosecutorial inspections, the prosecutor encounters
issues related to various fields, including medicine,
accounting, finance, construction, and other areas with
which they may not be well acquainted. Naturally, in
such cases, it is necessary to utilize the knowledge of
persons who have specialized expertise in certain
professions or fields of knowledge. Specialists involved
in prosecutorial inspections upon the lawful request of
the prosecutor provide their opinions based on their
expertise in a particular matter or are assigned to
conduct inspections and examinations. The opinions of
specialists and the reports they prepare as a result of
examinations are not binding on the prosecutor. The
prosecutor may disregard them if there are sufficient
grounds and may decide not to apply prosecutorial
supervision documents based on these opinions.
According to legal scholar I.V. Kachalov, prosecutorial
inspection is a lawful means used during prosecutorial
supervision to detect violations of rules .
Similarly, other theorist scholars explain prosecutorial
inspection as follows:
Prosecutorial inspection is a supervisory activity and a
method
for
identifying
violations
of
laws,
encompassing the concept of "legal means of
prosecutorial supervision," through which supervision
is exercised by actions prescribed by law .
In our opinion, prosecutorial inspection, as emphasized
above, is not only a method for detecting violations of
laws but also a means to eliminate offenses and the
conditions enabling them by applying relevant
prosecutorial supervision documents.
In modern educational literature on prosecutorial
supervision, prosecutorial inspection is usually
understood as a means of resolving problems or as a
method for exercising prosecutorial supervision over
the enforcement of laws .
Although the phrase “checking the enforcement of
laws” is used in the Law “On the Prosecutor’s
Office,”
the nature of prosecutorial inspections themselves is
not defined, nor is a definition provided. Without
understanding the essence and content of this concept,
it would be illogical to determine its grounds and
procedures for conducting it. Therefore, we believe
that the Law “On the Prosecutor’s Office” should
include a clear and complete definition that reveals the
meaning and essence of the concept of “prosecutorial
inspection.”
Taking into account all the above-mentioned opinions,
we propose the following definition of the concept of
“Prosecutorial inspection over the enforcement of
laws” to be included in the Law “On the Prosecutor’s
Office”:
“Prosecutorial inspection over the enforcement of
laws” is an inspection conducted by the prosecutori
al
authorities in accordance with the grounds,
timeframes, and procedures established by legislation,
to verify the strict and uniform enforcement of certain
legislative acts in state bodies, enterprises, institutions,
and organizations.
It is worth notin
g that Article 21 of the Law ‘On the
Prosecutor’s Office’ is specifically dedicated to
prosecutorial inspections over the enforcement of
laws. According to this Article, such inspections are
carried out based on complaints and other information
indicating violations of the law, as well as when the
situation requires the prosecutor to take measures to
restore legality, and in accordance with procedures
established by law.
It can be observed that the norms set out in this article
dedicated to prosecutorial inspections over the
enforcement of laws are quite limited in scope. That is,
the grounds for conducting prosecutorial inspections
are not fully or strictly specified in the law. However,
the Model Regulation, approved by the sectoral order
of the Prosecutor General of the Republic of
Uzbekistan, establishes specific and strict grounds for
conducting prosecutorial inspections.
According to this Regulation, prosecutorial inspections
over the enforcement of laws may be conducted on the
following grounds:
Work plans of structural divisions;
Decisions of collegial bodies;
Instructions from leadership;
Appeals from individuals and legal entities;
Information about violations of the law;
Reports from mass media outlets.
According to Part 2 of Article 21 of the Law of the
Russian Federation No. 2202-
I “On the Prosecutor’s
Office,” adopted on January 17, 1992, a prosecutor’s
inspection of the enforcement of laws shall be carried
out based on information about a violation of the law,
as well as in cases where the prosecutor is required to
take measures to ensure legality.
International Journal of Law And Criminology
43
https://theusajournals.com/index.php/ijlc
International Journal of Law And Criminology (ISSN: 2771-2214)
Furthermore, the law stipulates that grounds for
conducting prosecutorial inspections may also include
information published on the internet information and
communication network, data from federal state
information systems, information obtained through
unmanned aerial vehicles, and aerial photographs.
However, such grounds are not included among the
legally established bases for prosecutorial inspections
in our national legislation.
In today’s world, where most information is exchanged
via modern technological tools, we believe that
messages published on the internet and data obtained
through unmanned aerial vehicles should also be
considered as valid grounds for initiating prosecutorial
inspections. Therefore, if the above-mentioned sources
were added to the list of grounds for conducting
prosecutorial inspections specified in Article 21 of the
Law “On the Prosecutor’s Office,” it would enhance the
effectiveness of inspections and allow for the timely
elimination of violations and the conditions that enable
them.
Taking the above into account, we arrive at the
following conclusions:
Firstly
, based on the analysis of foreign experience and
the doctrinal views of legal scholars, it is necessary to
include a clear definition of the concept of
“prosecutorial inspection” in the Law of the Republic of
Uzbekistan “On the Prosecutor’s Office.”
Secondly
, given that in today’s world a large volume of
information is received and transmitted through
technological means, there is a need to include as
legitimate grounds for conducting prosecutorial
inspections both information published on the internet
information and communication networks and data
obtained via unmanned aerial vehicles.
REFERENCES
The Constitution of the Republic of Uzbekistan.
–
Tashkent: “Adolat” National Legal Information Center,
April 30, 2023, p. 107.
Law of the Republic of Uzbekistan “On the Prosecutor’s
Office” (new edition), dated August 29, 2001. National
Database
of
Legislation,
16.01.2019,
No.
03/19/516/2484.
Decree of the President of the Republic of Uzbekistan
No. PF-60 da
ted January 28, 2022 “On the
Development Strategy of New Uzbekistan for 2022
–
https://lex.uz/ru/docs/-5841063
Law of the Russian Federation “On the Prosecutor’s
Office,”
dated
January
17,
1992
//
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Further
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