FEATURES OF EXPANDING THE GUARANTEES OF PROCEDURAL INDEPENDENCE OF THE INVESTIGATOR IN THE INVESTIGATION OF CRIMINAL CASES

Abstract

This article provides a comprehensive analysis of theoretical and practical issues related to ensuring the procedural independence of the investigator and their guarantees during the investigation of criminal cases. It is substantiated that in the current conditions of deepening judicial and legal reforms, the independent decision-making of the investigator, their freedom in evaluating evidence, and their protection from external influences are of great importance in the objective, fair, and legal investigation of criminal cases. The article analyzes the legal reforms being implemented in the Republic of Uzbekistan, including the norms of the Criminal Procedure Code, regulatory legal acts adopted in the judicial sphere, and measures aimed at improving the activities of investigative bodies. At the same time, the factors affecting the procedural independence of the investigator, especially the excessive strengthening of departmental control, interference by officials, and organizational subordination mechanisms, are considered. The study theoretically analyzes the concepts of the jurisdiction of criminal cases and the jurisdiction of the investigation, substantiates their distinctive features, and reveals the role of these institutions in criminal procedural legislation. Legal and organizational issues arising in connection with the transfer of preliminary investigation powers to the Department for Combating Economic Crimes under the General Prosecutor’s Office were also analyzed. Some legal gaps in the current legislation are indicated, and scientifically based proposals and recommendations aimed at their elimination are developed. In particular, proposals have been put forward to strengthen the procedural independence of the investigator, clearly define the powers between the investigative bodies, legally regulate the activities of the department’s investigators, and optimize the mechanisms of prosecutorial supervision.