Volume 02 Issue 06-2022
6
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
02
I
SSUE
06
Pages:
6-10
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
OCLC
–
1121105677
METADATA
IF
–
5.489
Publisher:
Oscar Publishing Services
Servi
ABSTRACT
The Code of Criminal Procedure determines the place of the court in the implementation of the tasks of criminal
proceedings and the implementation of its purpose. Occupying a central place in the system of criminal proceedings,
the court is called upon to implement the criminal proceedings specified in the Constitution of the Republic of
Uzbekistan to protect the rights and freedoms of citizens in the course of administering justice. Therefore, the content
of the status of the court established by the procedural law, its duties, the limits of authority and the legal means
granted to it largely depends on the effectiveness of solving the problems assigned to criminal proceedings.
KEYWORDS
Criminal process, judge, trial, presiding judge, people's assessor.
INTRODUCTION
In the Development Strategy of New Uzbekistan for
2022-2026, the President of the Republic of Uzbekistan
Sh.M. Mirziyoyev noted that in order to ensure the rule
of law and further development of the country, it is
necessary to increase the role of the judiciary in
ensuring the true independence of the judiciary, the
widespread introduction of the principles of judicial
self-government, and also the creation of effective
mechanisms to prevent illegal influence on judges [1].
The Code of Criminal Procedure determines the place
of the court in the implementation of the tasks of
criminal proceedings and the implementation of its
Research Article
THE PROCEDURAL STATUS OF THE PRESIDING JUDGE IN THE
CONSIDERATION OF CRIMINAL CASES ON THE MERITS
Submission Date:
June 08, 2022,
Accepted Date:
June 18, 2022,
Published Date:
June 29, 2022
Crossref doi:
https://doi.org/10.37547/ijlc/Volume02Issue06-02
Yusupdzhanova Gulnoza Ilxomovna
Lecturer of the Department "Prevention of Offenses and Ensuring Public Safety" of the Specialized Branch of
TSUL, 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 02 Issue 06-2022
7
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
02
I
SSUE
06
Pages:
6-10
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
OCLC
–
1121105677
METADATA
IF
–
5.489
Publisher:
Oscar Publishing Services
Servi
purpose. Occupying a central place in the system of
criminal proceedings, the court is called upon to
implement the criminal proceedings specified in the
Constitution of the Republic of Uzbekistan to protect
the rights and freedoms of citizens in the course of
administering justice. Therefore, the content of the
status of the court established by the procedural law,
its duties, the limits of authority and the legal means
granted to it largely depends on the effectiveness of
solving the problems assigned to criminal proceedings.
The legal regulation of the general procedure for
preparing for a court session has as its task the
implementation of all necessary preparatory actions
for conducting a trial in full compliance with the
requirements of the criminal procedure law. At this
stage, the case is considered, which came to the court
from the prosecutor with an indictment or an
indictment.
When preparing for a court session, the judge
examines the criminal case received by the court and
single-handedly establishes the presence or absence of
factual data and legal grounds for deciding whether to
bring the case to the court session for its subsequent
trial. The study by the judge of the written materials of
the case is aimed at ascertaining the observance of the
legality of the conduct of investigative actions during
the inquiry and preliminary investigation and the state
of preparedness of the case materials for their
consideration at the court session.
The performance of one of the functions of the stage
of preparation for the consideration of a case in a court
session as a form of direct judicial control over the
compliance of the actions of the bodies of inquiry and
preliminary investigation with the requirements of the
law is to establish compliance by officials of these
bodies with all obligations to refer the case to court, to
ensure the procedural rights of participants in criminal
proceedings, removal of obstacles to the consideration
of the case in court.
According to Articles 13, 29 of the Code of Criminal
Procedure of the Republic of Uzbekistan, a judge,
acting alone or as part of a court, exercises powers that
include: preparation of a criminal case for trial; trial of
the case and the decision of the verdict or other
decision; consideration of the case in the appellate,
cassation, supervisory procedure; the appeal of the
sentence for execution and, in addition, the higher
courts, within their powers, supervise the judicial
activities of the lower courts [2].
A special place among the powers of the judge during
the trial is occupied by his function of procedural
leadership of the court session. Its implementation
ultimately aims to ensure effective, purposeful
management of the entire course of the proceedings
at this stage: to take all measures provided by law for a
comprehensive, complete and objective investigation
of the circumstances of the case and to establish the
truth, to eliminate everything from the trial that is not
related to the case, maintain proper order in the court
session [3].
The presiding judge is an independent participant in
the justice administered by the court of first instance in
criminal cases, since he is endowed by law with certain
procedural rights and obligations, is able to enter into
criminal procedural relations and carry out directed
criminal procedural activities. On the basis of the
norms of the criminal procedure legislation and
internal conviction, the chairperson performs the
function of managing the consideration of the case,
which consists of three relatively independent areas of
his activity:
Volume 02 Issue 06-2022
8
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
02
I
SSUE
06
Pages:
6-10
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
OCLC
–
1121105677
METADATA
IF
–
5.489
Publisher:
Oscar Publishing Services
Servi
•
Organizational and procedural;
•
Competitiveness activities
•
Equality of the parties and participation in criminal
procedural proof.
The scope of the rights and duties of a judge presiding
in a criminal case considered in a general manner varies
depending on the composition of the court. During a
collegiate hearing of the case, the presiding judge
directs the court session, ensuring compliance with its
schedule, explains to the participants in the trial their
rights and obligations, and takes measures to ensure
the competitiveness and equality of the parties. This
activity is aimed at creating conditions in the court
session for the correct resolution of the criminal law
conflict of the parties, therefore, it is auxiliary in
relation to the function of resolving a criminal case,
carried out by the composition of the court.
Meanwhile, in cases of a sole consideration of the case,
the scope of the rights and obligations of the presiding
officer is sharply expanded due to the specified
function of the court. It only means that the judge
becomes the bearer of two different procedural
statuses: presiding judge and judge. This circumstance
is especially clearly manifested when the presiding
judge, who single-handedly considers the case, makes
and signs criminal procedural decisions on behalf of the
court, for example, a decision to return the criminal
case to the prosecutor, to challenge, to appoint a
forensic examination, to terminate the criminal case,
and finally, a sentence.
And in the collegiate hearing of criminal cases, the
judge ex officio presides over the court session. And it
is he who is obliged to ensure both the strict
observance of the law and the highly moral course and
result of the trial. Of course, some of the moral
problems that have to be solved in a collegiate court
differ from those that face a single judge. At the same
time, the leadership of the court session, within the
limits of the procedural procedure prescribed by law,
invariably remains with the presiding judge, who
enters into moral relations with the parties, other
persons participating in the case, and in a collegiate
hearing of the case also with judges or people's
assessors.
The presiding judge is obliged to familiarize each
people's assessor in advance with the case materials,
explain the essence of the law under which the
defendant is accused, as well as the rights of the
people's assessor. At the same time, the judge is not
entitled to inspire people's assessors with his own
opinion on issues within the competence of the
collegium of the court. The personal responsibility of
the people's assessor for participation in the
investigation of the case and its fair resolution should
also be clarified.
During the trial, the presiding judge provides each
member of the court the opportunity to freely express
their opinion when the court makes a decision, as well
as to participate in the study of all evidence. If the court
issues a ruling conferring on the spot, then the opinion
of each of the members of the composition of the
court on the issue under discussion must be carefully
listened to, and the decision is taken collectively by a
majority of votes. This procedure, like all actions of a
collegiate court, must be carried out in such a way that
it is clear to all participants in the trial that any opinion
is decided and accepted by the court, and not by the
presiding judge.
The presiding judge must provide the members of the
court with the opportunity to actively participate in
interrogations
and
other
judicial,
including
investigative actions, while in case of unsuccessful
formulation of questions, their ambiguity, show due
Volume 02 Issue 06-2022
9
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
02
I
SSUE
06
Pages:
6-10
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
OCLC
–
1121105677
METADATA
IF
–
5.489
Publisher:
Oscar Publishing Services
Servi
tact, eliminating only leading questions prohibited by
law, but in such a form that discredit their author. The
judicial investigation ends on the condition that the
members of the court do not insist on the continuation
of actions to examine the evidence.
The position of the judge is such that before the
decision of the verdict, he is not entitled to express his
opinion about the guilt or innocence of the defendant.
Otherwise, it is subject to a justified challenge.
However, it is equally important that the judge not only
does not “make public” in one form or another his
attitude to the case, his position on resolving issues
that form the essence of the verdict, but also be
internally free from prejudice, ready to perceive
everything that happens in court without addictions,
objectively.
The judge presiding over the case, as well as other
judges or people's assessors, must be equally attentive
to the petitions, statements of all participants in the
trial, listen to them and raise the questions raised for
resolution by the court.
In the process of judicial investigation, the actions and
behavior of the presiding judge, other judges and
people's assessors are subordinated to one goal -
through a comprehensive, complete and objective
examination of evidence, to establish the truth in the
case. At the same time, both in content and in form, the
actions of the court must comply with procedural and
moral standards.
The presiding judge is obliged to carefully listen to the
testimony of all interrogated persons, regardless of
whether he considers these testimonies to be true or
false, corresponding to reality or the result of a
delusion. At the same time, each interrogated person
should be given the opportunity to freely state his
testimony, and questions are asked, as a rule, at the
end of such a story. All leading questions raised by any
of the participants in the trial are subject to
unconditional and immediate rejection by the
presiding judge. The judges themselves, all the more,
have no right to put leading questions in any form.
Summarizing all of the above, we conclude that,
throughout the entire trial, the presiding judge is
obliged to show tact, restraint, be extremely collected,
exemplary observe the rules of judicial ethics. At the
same time, he must take measures to ensure that in the
process of communication among themselves, all
participants in the trial comply with ethical standards,
rules of conduct in a state institution. The presiding
officer must behave formally and at the same time
politely, be attentive to everyone with whom he comes
into contact. The behavior of a judge should not be
either dryness, callousness, or lightness, playfulness.
Every crime that, the court investigated, brought grief
to someone, a moral shock. The judge will probably be
remembered for the rest of his life by the defendant,
his relatives, the victim, other participants in the
process, his behavior is carefully observed by those in
the courtroom, in their eyes he is a judge, from whom
they expect a smart and conscientious investigation of
the case and its fair resolution. And the judge is obliged
to justify these hopes with all his behavior.
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УП-60 от 28.01.2022 «О Стратегии развития
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https://lex.uz/ru/pdfs/5841077.
Volume 02 Issue 06-2022
10
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
02
I
SSUE
06
Pages:
6-10
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
OCLC
–
1121105677
METADATA
IF
–
5.489
Publisher:
Oscar Publishing Services
Servi
2.
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