ИШНИ СУДГА ҚАДАР ЮРИТИШДА ҲИМОЯЧИ ФАОЛИЯТИДА ТОРТИШУВ ПРИНЦИПИНИНГ ТАЪМИНЛАНИШИ АҲАМИЯТИ

Abstract

This article reveals the content of adversarial principle, which is one of the criminal procedural principles, the essence of its validity in the criminal process at the stages of proceedings in court, as well as its importance in the activities of defense counsel. During the study of pre-trial proceedings, the scientific-theoretical views of domestic and foreign legal scholars on the essence and significance of the defense lawyers activities, and the legislation of foreign countries in this area were discussed and analyzed in detail. Since in our criminal procedural legislation the scope of the adversarial principle is limited, one of the main purposes of this article is to expand its scope, in particular, the application of the adversarial principle in pre-trial proceedings. As a result of the analysis, scientifically substantiated proposals were made to amend our legislation with regard to the title of Article 25 and to strengthen norms of Part One of the CPC in a new edition. In order to ensure the principle of equality and adversarial proceedings in pre-trial procedures, the successful implementation of impartial judicial control over the prosecution and the defense, as well as expanding the rights of defense counsel, Articles 28 and 29 of the CPC of the Republic of Uzbekistan were revised. When writing the article, the methods of comprehensive research of comparative legal, logical (analysis and synthesis) scientific sources of knowledge were widely used.