ENSURING THE RIGHTS AND LEGAL INTERESTS OF INDIVIDUALS WHEN OBTAINING SAMPLES FOR EXPERT RESEARCH

Abstract

The article examines the legal and procedural aspects of ensuring the rights and legitimate interests of individuals when obtaining samples for expert examination within the framework of the criminal proceedings of the Republic of Uzbekistan. The relevance of the topic is determined by the need to balance the tasks of criminal justice with the constitutionally guaranteed rights of citizens, including the right to personal inviolability, protection from arbitrary interference, and the right to judicial protection. Regulatory legal acts governing the procedure for obtaining samples are analyzed: the grounds, procedures, and permissible methods of selection are considered, taking into account the principles of legality, proportionality, and inadmissibility of degrading human dignity. Particular attention was paid to the problematic aspects of legal regulation related to the need to obtain the consent of a person, ensuring the participation of a defense attorney, as well as the implementation of judicial control during the compulsory sampling of samples. An important place in the article is given to the comparative legal analysis of the legislation of the Republic of Uzbekistan and the legal systems of the Russian Federation, Estonia, Germany, the Republic of Kazakhstan, and the Kyrgyz Republic. Comparison allows for the identification of both general approaches and significant differences in regulating the sampling procedure, the degree of protection of individual rights, and the mechanisms for monitoring compliance with legality. Based on the analysis conducted, proposals have been formulated for improving national legislation aimed at strengthening the guarantees of individual rights and increasing the effectiveness of criminal proceedings in Uzbekistan.