This article analyzes the conceptual foundations for the development of criminal procedure law in the context of building a new Uzbekistan. The article attempts to explain the role and significance of justice in social relations based on the concept of justice and its social and legal goals. It is on the basis of the organizational and functional features of justice that specific aspects of the mechanism for the emergence, development and termination of criminal procedural relations are considered. Based on the analysis of the main issue of criminal procedural relations, i.e. establishing the guilt of the accused (defendant), the question of the essence of achieving justice and establishing the truth in the case through the competition of the disputing parties is revealed. According to the author, it is the principles of competitiveness and justice that should be recognized today as the central idea of building a new criminal procedure legislation in Uzbekistan. After all, these principles are also the basis for understanding the essence of the criminal procedure form and are an important element of the mechanism for ensuring the procedural interests of the prosecution and defense functions. The article emphasizes that the provision of such a procedural mechanism as access to justice should be based on a specific legal idea and taken into account when drafting a new procedural law as the basis for the development of criminal procedural communication. The article also discusses the importance for building a state of law as a modern paradigm of justice as an important organizational and legal basis for the development of alternative legal proceedings in the structure of the criminal process, it also forms scientific views that open not only the solution of urgent procedural problems, but also the solution of the problems of resocialization of persons who have committed crimes. These views are formed through the analysis of specific aspects of the legal policy pursued in law enforcement practice in the field of justice in many developed countries. In addition, the scientific article analyzes the conceptual directions for achieving the goals of justice by improving the functional activities of the competing parties – the prosecution and defense, as well as the subject that performs the function of solving the case. In this issue, the author makes an attempt to show the importance of improving the function of the prosecutor, who acts at the stage of preliminary investigation as a subject that provides checks and balances against the authorities of the investigating authorities.
| Mualliflar | Muxitdinov, Faxritdin, Мухитдинов, Фахритдин, Muxitdinov, Faxritdin |
|---|---|
| Jurnal | Жамият ва инновациялар / Общество и инновации / Society and innovations |
| Nashr sanasi | 2022-07-20 |
| Jild | 3 |
| Son | 3 |
| Betlar | 57-81 |
| Til | Rus |
| DOI | 10.47689/2181-1415-vol3-iss3-pp57-81 |
DOI: 10.47689/2181-1415-vol3-iss3-pp57-81 · Maqolaning asl sahifasi
правосудие, уголовно-процессуальное отношение, восстановительное правосудие, карательное правосудие, состязательность, механизм процессуальной справедливости, уголовно-процессуальная форма, уголовно-процессуальная функция, стороны, прокурор, защита, суд, justice, criminal procedural relation, restorative justice, punitive justice, competitiveness, procedural justice mechanism, criminal procedural form, criminal procedural function, parties, prosecutor, defense, court, одил судлов, жиноят-процессуал муносабатлар, ҳуқуқни тикловчи одил судлов, жазоловчи одил судлов, тортишув, процессуал адолат механизми, жиноят-процессуал шакл, жиноят-процессуал функция, тарафлар, прокурор, ҳимоя, суд
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