Volume 04 Issue 07-2024
30
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
04
ISSUE
07
P
AGES
:
30-37
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
ABSTRACT
The article describes about the basics of conducting a quick experiment event as one of the quick-search activities in
the legislation of foreign countries. The fundamentals of the operational-search event and the tasks and functions
currently implemented in practice by conducting operational-search activities were studied, and scientific-theoretical
conclusions and practical suggestions were given to improve the basics of conducting operational-search activities.
KEYWORDS
Operational-search activity, operational-search actions, rapid experiment, basis.
INTRODUCTION
The main tasks of the internal affairs bodies of the
Republic of Uzbekistan are to protect the rights,
freedom and legal interests of citizens, the property of
individuals and legal entities, the constitutional system,
to ensure the rule of law, the safety of individuals,
society and the state, as well as to prevent and prevent
crimes.
Ensuring a peaceful life of the population, combating
crime and violations, maintaining public order and
security are the most important and priority issues
around te country. In fact, this issue is the most basic
condition and guarantee for the successful
implementation of all socio-economic reforms in our
country, modernization and renewal of our country.
Research Article
BASICS OF A QUICK EXPERIMENT CONDUCTING OPERATIONAL SEARCH
EVENTS
Submission Date:
July 21, 2024,
Accepted Date:
July 26, 2024,
Published Date:
July 31, 2024
Crossref doi:
https://doi.org/10.37547/ijlc/Volume04Issue07-06
Yakubov Khushnudbek Sheribboevich
Senior lecturer of the Department of operational search activity of the Ministry of Internal Affairs of the
Republic of Uzbekistan.100197. Tashkent city, Intizor street, Uzbekistan
Journal
Website:
https://theusajournals.
com/index.php/ijlc
Copyright:
Original
content from this work
may be used under the
terms of the creative
commons
attributes
4.0 licence.
Volume 04 Issue 07-2024
31
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
04
ISSUE
07
P
AGES
:
30-37
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
The Law of the Republic of Uzbekistan "On
Operational-search Activity" among several normative
legal documents adopted in order to regulate the
activities carried out in this regard takes the main
place.
Because, precisely with this law, the relations in the
field of operational-search activities are regulated, the
main tasks and principles of operational-search
activities, the bodies performing operational-search
activities, their legal status, the types of operational-
search activities and the procedure for conducting
them are determined.
Operational-searchactivity is a type of activity that is
carried out by conducting operational-search events by
operational units of specially authorized state bodies.
The importance of investigative activities in the fight
against crime is very high, and in 2023, 41,339 crimes
were detected on the initiative of employees, including
588 "cells", 122 illegal prayer houses, 89 illegal religious
congregations, and 807 through the Internet and social
networks. 10 t from illegal circulation, cases of
spreading foreign ideas have been eliminated. More
than 306 kg of narcotic drugs and psychotropic drugs
were taken, 3,222 firearms, 2,182 pneumatic weapons,
and 1,040 cold weapons carried in public places were
confiscated.
Also, 91,322 or 87.2% of the total crimes committed in
the republic were revealed, 7,563 persons who were
hiding from the investigative authorities were caught,
450 missing persons were found, and 14 unidentified
corpses were identified.
2,840 corruption and economic crimes committed by
3,316 persons were identified, and damages in the
amount of 249 billion 548 million soums caused by
them were recovered.
113 violations of border regulations and 189 persons
who committed human trafficking crimes were
prosecuted.
In addition, 420 Internet resources were identified and
blocked, and 95 persons who committed them were
brought to administrative and criminal responsibility.
The activities of 421 Internet resources that used to
commit cyber extortion were identified, all of them
were blocked, and 15 persons were brought to criminal
responsibility, 54 persons were officially warned. .
Operational search activities are carried out by
conducting 16 types of quick search activities, one of
these rapid search activities is a quick experiment.
Quick experiment
—
is an event that consists of
artificially creating a situation that is fully managed and
controlled by a div that carries out operational
search activities in order to expose and identify
persons who have committed an illegal act or are
preparing for it by recreating a specific event. (Article
14).
In the explanatory dictionary of the Uzbek language,
the word "to carry out" is combined with some words
and means to carry out, conduct, do the action
indicated by this word. .
The 7 followings could be reasons for conducting a
quick-experiment operational-research event:
a) existence of a criminal case;
b) written assignment of inquiry, investigative bodies,
instruction and assignment of the prosecutor;
c) if there are no sufficient basics for initiating a
criminal case, the information that has become clear to
the bodies performing investigative activities about
the signs of preparation and commission of crimes, as
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Publisher:
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Servi
well as about the persons involved in the preparation
or commission of crimes;
g) availability of information about persons, events,
actions (inaction) that threaten the security of a
person, society and the state;
d) information about persons who are hiding from
investigative bodies and courts, who are evading
criminal punishment, missing persons and other
persons in the cases stipulated by law, as well as about
unrecognizable corpses that have become known to
the bodies that carry out operational-search activities;
e) questionnaires received on the basis of international
agreements of the Republic of Uzbekistan on
cooperation in the field of fighting crime and providing
legal assistance;
j) questionnaires of other bodies carrying out
operational search activities (Article 15).
If we consider the basis of conducting a search
operation in the legislation of some foreign countries,
several different aspects are revealed.
In particular, the Law of the Republic of Ukraine "On
Emergency Search Activities" states: "the presence of
the following information obtained in accordance with
the procedure established by law, which requires
investigation using emergency search measures and
tools: a) preparation for criminal offenses; b) persons
preparing to commit a crime; c) persons hiding from
investigative and judicial authorities or escaping from
criminal punishment; g) missing persons; d)
intelligence and subversive activities of special services
of foreign countries, organizations and individuals
against Ukraine; e) to the life, health, housing, property
of court and law enforcement officials, as well as to
persons participating in criminal proceedings, their
family members and close relatives, employees of
Ukrainian intelligence agencies, their a real threat to
close relatives, as well as persons who secretly
cooperated or are cooperating with Ukrainian
intelligence agencies and their family members;
questionnaires of authorized state bodies, institutions
and organizations on the examination of certain
persons; The need to investigate the employees of the
Ukrainian intelligence agencies and their assistants in
connection with intelligence activities; Cases provided
for in Article 17 of the Law "On Intelligence"; existence
of the summarized materials of the Central executive
bodies implementing the state policy in the field of
legalization (laundering) of criminally obtained income
or terrorist financing in accordance with the procedure
established by law; applications and messages of mass
media, public organizations, officials, citizens,
instructions of the investigator and prosecutor, court
decisions, materials of law enforcement bodies,
questionnaires of law enforcement bodies of other
countries
and
international
law
enforcement
organizations, as well as authorized state bodies,
institutions and questionnaires of organizations on
verification of persons in connection with their
admission to state secrets by the Cabinet of Ministers
of Ukraine" 14 basics are provided, and in the absence
of one of these basics, it is prohibited to carry out
operational-searchactivities.
In the Law of the Republic of Kazakhstan "On
operatonal- Search Activities": "Availability of pre-trial
investigation materials; the following information
obtained by the bodies carrying out operational search
activities: the crime being prepared, committed or
committed; persons hiding from inquiry, investigation
and judicial authorities or fleeing from criminal
punishment; the discovery of missing citizens and
unidentified bodies; written instructions of the
investigator on the criminal cases under investigation;
Decisions of the Prosecutor of the Republic of
Kazakhstan, his first deputy or deputies, regional
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prosecutors and prosecutors equivalent to him, as well
as written instructions given by the prosecutor during
the control of the legality of the search activity; court
decision on the recovery of debt from the defendant in
civil cases, as well as decisions of bailiffs on the search
of the debtor based on the sanction of the prosecutor;
requests
of
international
law
enforcement
organizations and law enforcement agencies of
foreign countries on the provision of legal assistance in
accordance with agreements (agreements) and the
need to obtain intelligence information to strengthen
the interests of society and the state and its economic
and defense potential" 8 bases are defined, and the list
of these bases can only be supplemented or changed
by law.
In the Law of the Russian Federation "On operatonal-
Search Activities": "the existence of a criminal case; the
following information known to the bodies carrying
out rapid investigation activities: signs of a crime being
prepared, committed or committed, as well as persons
who are preparing for, committing or committing a
crime, if there are no sufficient basics for initiating a
criminal case; Events or actions (inaction) that threaten
the state, military, economic, information or
environmental security of the Russian Federation;
persons hiding from inquiry, investigation and judicial
authorities or fleeing from criminal punishment;
missing persons and unrecognized corpses; tasks of
the investigator and the head of the investigative div,
the tasks of the investigator and the head of the
investigative div, the decision of the court on criminal
cases, and the materials for checking reports on crime;
questionnaires of other state bodies carrying out
operational search activities on the basis specified in
this article; Decision on protection of persons and
application of security measures implemented by
authorized state bodies in accordance with the laws of
the Russian Federation; Questionnaires received from
international law enforcement organizations and law
enforcement agencies of foreign countries in
accordance with international agreements concluded
with the Russian Federation" 6 bases are defined.
In the Law of the Kyrgyzstan Republic "On operatonal-
Search Activities": the existence of a criminal case; the
following information known to the bodies carrying
out rapid investigation activities: signs of an offense
being prepared, committed or committed, as well as
persons who are preparing or committing a crime, if
there are no sufficient basics for initiating a criminal
case; events or actions (inaction) that threaten state,
military, economic, information or environmental
security; persons hiding from inquiry, investigation and
judicial
authorities
or
fleeing
from
criminal
punishment; missing persons and unidentified corpses;
the orders of the inquiry div, the investigator, the
prosecutor's instruction, or the court's ruling on
criminal cases conducted by them; questionnaires of
other bodies carrying out operational-search activities
according to the basics specified in this article; a
decision on the application of security measures to
persons protected by competent state bodies in
accordance with the procedure provided for by law;
Questionnaires of international law enforcement
organizations and law enforcement bodies of foreign
countries in accordance with the agreements
(agreements) on legal assistance ratified by the
Kyrgyzstan Republic" 6 basics are provided for, and it
turned out that these basics are the same as the basics
for the implementation of operational-search
measures in the law of the Russian Federation.
In the Law of the Republic of Lithuania "On Prompt
Action": "information on persons preparing to commit,
committing or committing 27 crimes of low or low
social risk provided for by the Criminal Code of the
Republic of Lithuania, special investigation service
information of other countries dealing with;
concealment of the suspect, the accused, the
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defendant; missing persons; protection of individuals
from criminal acts; protection of state secrets;
availability of information on actions that threaten the
constitutional system of the state, its independence,
economic security, ensure the defense power of the
state or other important national security interests" as
7 bases are defined.
The Law of the Republic of Tadjikistan "On
Investigation Activities" states: "the existence of a
criminal case, the following information known to the
bodies implementing investigation activities: signs of a
violation of the law being prepared, committed or
committed, as well as those who are preparing for,
committing or committing a crime the persons who
committed it, if there are no sufficient basics for
initiating a criminal case; Events or actions (inaction)
that threaten the state, military, economic,
information or environmental security of the Republic
of Tadjikistan; persons hiding from inquiry,
investigation and judicial authorities or fleeing from
criminal
punishment;
missing
persons
and
unrecognized corpses; the assignment of the inquiry
div, the instruction of the investigator, the
prosecutor, or the ruling of the court (judge) on
criminal
cases
under
their
management;
questionnaires of other bodies carrying out
operational-search activities according to the basics
specified in this article; Decision on the application of
security measures to the persons protected by the
competent state bodies in accordance with the
procedure provided by the legislation of the Republic
of Tadjikistan; Questionnaires of international law
enforcement organizations and law enforcement
bodies of foreign countries in accordance with the
agreements (agreements) on legal assistance ratified
by the Republic of Tadjikistan" 6 bases, such as the
following, are defined, and the bodies that carry out
operational-search activities, within the scope of their
powers, on the basis of collecting the necessary
information, the following: allow the use of
information constituting a state secret; use of other
secret information protected by law or allow work
related to exploitation of highly important and
classified objects; permission to participate in search
activity or to use the materials obtained as a result of
this activity; on establishing cooperation with the
persons assisting the bodies carrying out operational-
search activities or supporting such cooperation; to
ensure the safety of the bodies that carry out
operational-search activities; makes decisions on
issuing permits for private detective and security
activities.
The Law of the Republic of Moldova "On Special
Investigation Activities" provides: "unexplained
circumstances related to the initiation of a criminal
investigation; the following information that is clear:
signs of a crime being prepared or committed, as well
as persons preparing for, committing a crime; missing
persons and unidentified corpses; situations that
threaten
public
order,
military,
economic,
environmental or other state security, situations that
threaten citizens and their family members assisting in
special search activities; procedural documents of
criminal investigators, prosecutors and criminal cases
under
court
proceedings;
questionnaires
of
international law enforcement organizations and law
enforcement agencies of foreign countries in
accordance with the agreements (agreements) on
legal assistance ratified by the Republic of Moldova;
information about situations that threaten the safety
of the investigating officer, the safety of his family and
relatives" 5 bases are provided.
The Law of the Republic of Belarus "On Operational-
Search Activities" provides: "Information on events
and actions that threaten the national security of the
Republic of Belarus; information of a citizen who is
aware of a crime being prepared, being committed or
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committed, as well as being committed or having
committed it; orders, instructions, decisions of the
div
conducting
the
criminal
investigation,
information and reports about the crime under
consideration; the decision of the div conducting the
criminal investigation to issue a search warrant, the
court's ruling; the decision of the law-enforcement
div or institution to issue a search warrant in cases
where the sentence is prescribed by law; information
about a missing (disappeared) citizen; information
about a deceased citizen whose identity should be
determined; written questionnaires of the bodies that
carry out operational search activities on the
implementation of operational search activities on the
8 basics listed above; the decision of the court on the
application of security measures, the div that carries
out criminal investigation and operational search
activities; written questionnaires of international law
enforcement organizations and law enforcement
agencies of foreign countries based on the principle of
cooperation, as well as in accordance with agreements
(agreements) on legal assistance ratified by the
Republic of Belarus; in accordance with the law, the
bodies carrying out operational-search activities, the
citizens who openly and secretly helped them, other
citizens, need to collect information in order to ensure
the safety of their family members and the protection
of their property from various criminal attacks; the
need to allow the use of information constituting a
state secret, the use of information constituting
another secret protected by law, or work related to the
operation of extremely important and classified
objects, participation in operational search activities,
or the use of materials obtained as a result of these
activities" A total of 13 bases are listed.
First, based on the study of the content and essence of
the operational-search activities provided for in the
content of these laws, 5 to 14 basics for conducting the
operational-search activities are defined;
secondly, the existence of a criminal case, information
that threatens the security of a person, society and the
state, assignments and instructions of authorized
officials (investigator, investigator, prosecutor, court),
the
implementation
of
investigative
work,
questionnaires
of
TQF
implementing
bodies,
international organizations, other countries such as
questionnaires received in accordance with treaties
and agreements in the fight against crime, as well as in
the laws of Ukraine, Russia, Kyrgyzstan, Tadjikistan,
Moldova and Belarus, a decision or ruling on the
announcement of a search by a court in criminal cases,
in the law of the Russian Federation, an investigator
and the head of an investigative div, an investigator
and the task of the head of the investigative div
should be the general basics available in our legislation
for conducting operational-searchactivities;
thirdly, in the law of Kazakhstan, the basis of the court
decision on the recovery of debt from the defendant in
civil cases is the basis of the search for the person who
evaded probation or probation control in a criminal
case. , persons evading criminal punishment, missing
persons and other persons in the cases provided for by
the law, as well as the information that has become
clear about the unrecognized corpses found" as "other
persons in the cases provided for by the law";
fourthly, according to the law of Ukraine on
investigative activities, applications and reports of
mass media, public organizations, officials, citizens are
the basis for conducting investigative activities.
"Information about signs of preparation and
commission of crimes, as well as information about
persons involved in the preparation or commission of
crimes" that has become clear to the investigative
authorities, that is, the source of quick information that
serves as a basis for conducting operational-search
activities is not defined by legislation;
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fifthly, according to the law of Moldova and Belarus,
the basics for carrying out quick-search measures in
cases of threats to assisting citizens and their family
members are not established in our legislation.
It is also worth noting that the operative units of the
internal affairs bodies of the Republic of Uzbekistan
are responsible for a number of acts that are subject to
administrative liability, for example, defamation
(Article 40), insult (Article 41), sexual harassment
(Article 411) of the Code of Administrative
Responsibility of the Republic of Uzbekistan ), violation
of privacy (Article 461), illegal preparation, acquisition,
storage, transportation or sending of small amounts of
narcotic drugs, their analogues or psychotropic
substances (Article 56), robbery in small amounts
(Article 61) , bribery of an employee of a non-state
commercial
organization
or
other
non-state
organization (Article 611), intentional destruction or
damage to property (Article 612), concealment of
found property (Article 62), in relation to tangible
cultural heritage objects disrespectful treatment
(Article 641), violation of the rules of hunting and
fishing, as well as other types of use of wildlife (Article
90), illegal acquisition or transfer of foreign exchange
wealth (Article 170), petty hooliganism ( Article 183),
illegal preparation, storage, importation or distribution
of materials of religious content (Article 1842),
preparation, storage or distribution of materials
promoting national, racial, ethnic or religious enmity,
unlawful use of weapons (1843 - article), illegal
circulation of pyrotechnic articles (Article 1851), illegal
circulation of items prohibited for circulation as civil
and service weapons on the territory of the Republic of
Uzbekistan (Article 1853), preparation or sale of home-
made strong alcoholic beverages by citizens for the
purpose of sale (Article 186), illegal production or
circulation of ethyl alcohol, alcoholic and tobacco
products (Article 1861), involving a minor in antisocial
behavior
(Article
188),
preparation,
import,
distribution of pornographic products , advertising,
displaying
(Article
189),
making,
importing,
distributing,
advertising,
displaying
products
promoting oppression, violence or cruelty (Article
1891), engaging in prostitution (Article 190), gambling
and risk taking based on other games (Article 191),
arbitrariness (Article 200), violation of the rules of
holding public events (Article 2001), organizing
meetings, rallies, street marches or demonstrations,
violation of the procedure (Article 201), non-
compliance with legal documents or public incitement
to violation (Article 2011), creating conditions for
holding unauthorized meetings, rallies, street marches
and demonstrations (Article 202), inciting to
participate in the activities of illegal non-governmental
organizations, movements, sects (Article 2021), false
information distribution (Article 2022), violation of
administrative control regulations (Article 206), illegal
handling of weapons (Article 2201), violation of the
legislation
on
religious
organizations
(Article
240),Offenses such as violation of the procedure for
teaching religious teachings (Article 241). quick-search
activities, including quick-experiment quick-search
activities, are being used for the purpose of detection
and exposure , moreover, we consider that it is not
possible to detect this type of violations without
conducting operational-searchactivities.
Based on the above, the following conclusions were
reached regarding the basis of the researched rapid
experiment operational-searchevent:
The positive aspects of the foreign experience in the
implementation of operational-search activities and
the work carried out in the practical activities of the IIO
are included in the law of the Republic of Uzbekistan
"On operational-search activities", to fill the gaps in
this law, to implement operational-search in the
practice of operational units of bodies that perform
operational-search activities. We believe that it will
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serve to ensure that there are no problems in
conducting events, and to regulate the tasks and
functions that are currently being implemented in
practice with the norms of the law.
Based on the above analysis, Article 15 of the Law of
the Republic of Uzbekistan "On operational-search
activity", i.e., as the eighth basis for conducting
operational-search activities, employees of bodies
performing operational-search activities and persons
assisting the bodies performing operational-search
activities, as well as their family members introduction
of threatening situations, as well as the third basis is
not only crime, but also information about violations,
i.e., "information that has become clear to the
authorities that carry out rapid investigation activities
about the signs of preparation and commission of
crimes or offenses, as well as about persons involved
in the preparation or commission of crimes or offenses
” is proposed to be stated in the content.
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