ISSUES OF EXPANDING THE CRIMINAL PROCEDURAL POWERS OF A LAWYER IN UZBEKISTAN: COMPARATIVE LEGAL ANALYSIS

Abstract

The article reveals the legal problems associated with the implementation of the lawyer’s criminal procedural powers. A comparative legal analysis of the legislation of Uzbekistan and foreign countries in this area has been carried out. The article also puts forward proposals to expand the criminal procedural powers of a lawyer. The legislation has introduced a procedure for officials of bodies carrying out operational investigative activities to receive statements, explanations, or testimony from a suspect, accused, or defendant on the basis of written permission from an inquirer, investigator, prosecutor, or judge who are in the proceedings on this criminal case, and only in the presence of a defender. The mandatory participation of a defender in criminal cases has been expanded, that is, the mandatory participation of a defender in cases in which a plea agreement has been concluded, in cases in which a preliminary hearing is being held, in cases concerning persons suspected or accused of committing a particularly serious crime, when considering the application of a preventive measure to a person in the form of detention or house arrest, as well as detention and extension of the term of house arrest. Also, the suspect has the opportunity to have a defender from the moment of his actual detention or the completion of an operational search event related to the arrest at the crime scene.