LEGAL STATUS AND POWERS OF THE PARTICIPANTS AND THE SUBJECTS PRIOR TO THE INVESTIGATION

Abstract

In criminal procedure legislation, the status of a person determines his legal position and rights in criminal proceedings. The absence of such a right limits the realization of the rights and interests of a person during criminal procedure actions. This article highlights the legal status of persons participating in pre-investigation, the shortcomings of legal documents, and the circumstances of the clarification of participants in pre-investigation. Because the correlation of the statuses of persons is important to ensure the fairness and efficiency of crime investigation in criminal procedure. The article analyzes the theoretical, legal, and practical aspects of the topic under consideration. On the basis of a system analysis of Section II of the Code of Criminal Procedure of the Republic of Uzbekistan (Participants of Criminal Procedures) and the bodies carrying out pre-investigation investigations and their powers, it is determined that there is a need for special legal regulation of the activities of special participants in pre-investigation. It is concluded that it is necessary to assess the real situation of a person when participating in criminal procedural legal relations. Also, the author focuses on ensuring the rights and freedoms of the participants of the investigation before the investigation, as well as the protection of the parties during the trial, since the right to defense is the most important right of the participants of criminal proceedings, conditioned by the lack of norms in the criminal procedural legislation.