DEVELOPING AN INVESTIGATIVE THEORY: CONCEPT, SIGNIFICANCE AND ROLE IN PRACTICE
Abstract
This article analyzes the theoretical and legal foundations of formulating and pursuing investigative leads in criminal proceedings in the Republic of Uzbekistan. The author elucidates the concept and essence of investigative leads, as well as their relationship with criminal procedural principles. The article pays special attention to the types of investigative leads, the stages of their formulation and verification, and their significance in investigative practice. The conclusion substantiates the role of properly formulated and timely verified investigative leads in preventing unjustified criminal prosecution, protecting human rights, and establishing the truth in a case.
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Dekabr, 2025-Yil 356 DEVELOPING AN INVESTIGATIVE THEORY: CONCEPT, SIGNIFICANCE AND ROLE IN PRACTICE Mukhammadova Mukammalkhon Kahkhorjon kizi Fergana Law College Direction "Judicial and Legal Activity" Student of group 43-23. https://doi.org/10.5281/zenodo.18049535 Abstract. This article analyzes the theoretical and legal foundations of formulating and pursuing investigative leads in criminal proceedings in the Republic of Uzbekistan. The author elucidates the concept and essence of investigative leads, as well as their relationship with criminal procedural principles. The article pays special attention to the types of investigative leads, the stages of their formulation and verification, and their significance in investigative practice. The conclusion substantiates the role of properly formulated and timely verified investigative leads in preventing unjustified criminal prosecution, protecting human rights, and establishing the truth in a case. Key concepts: investigation version, criminal procedure, criminalistics, investigative activity, establishing the truth, presumption of innocence, investigation plan, verification of evidence, human rights, investigation of criminal cases. In the Republic of Uzbekistan, determining the truth in criminal proceedings, protecting individual rights and freedoms, and making lawful decisions are among the primary responsibilities of investigative bodies. During the process of effectively investigating criminal cases, the investigator's mental activity plays a crucial role. One of the main tools in this activity is the formulation and pursuit of investigative versions. An investigative version serves as a scientific and theoretical tool that provides logical direction in solving a crime and holds significant importance in planning investigative actions and verifying evidence. Although the term "investigative version" is not directly enshrined in the legislation of the Republic of Uzbekistan, its content and significance are indirectly expressed through criminal procedure norms. In particular, Article 22 of the Criminal Procedure Code of the Republic of Uzbekistan establishes the requirement for a full, objective, and comprehensive investigation of all circumstances in the case. Regarding the concept and essence of investigative versions, various definitions have been provided by field specialists in scientific literature. In particular, according to many scholars, an investigative version is a scientifically grounded hypothesis about the crime event, its causes, the method of commission, the culpable individual, and other significant circumstances. 1 . A.N. Vasilyev focuses on the planning aspect of the investigative version: "An investigative version is a scientifically based assumption aimed at solving a crime, serving to plan investigative actions". 2 A.M. Larin evaluates the version as a product of the investigator's mental activity: "Investigative version is a probable conclusion about a crime, formed as a result of the investigator's cognitive activity, which must be verified through evidence". 3 1 Belkin R.S. Criminalistics. - Тошкент, 2017. - Pp. 112-114. 2 Vasiliev A.N. Investigative Versions and Planning of Investigation. - Moscow: Yurist, 2016. - Pp. 42-43.
Dekabr, 2025-Yil 357 N.J. Ibragimov emphasizes the procedural significance of the version: "Investigative versions are a means of ensuring objectivity in criminal procedural activity, requiring equal verification of the guilt and the guilt". 4 It is known that the crime, as an event committed in the past, can be opened and the investigation can be terminated after the true picture of this act has been established, and all facts and circumstances relevant to the resolution of the case have been proven. During the investigation, in the process of discovering and proving a crime, in the course of maintaining versions, evidentiary or other factual information, up to reliable information about the investigated crime, is gradually accumulated. Of course, when considering investigative versions, such methods as analysis, analogous reasoning, inductive and deductive conclusions are used. The conduct of the investigation version is inextricably linked with the following criminal procedural principles, in particular, the principle of legality, the presumption of innocence, equality and adversarial nature of the parties, and the principle of establishing the truth. The version of the investigation has its own peculiarities, that is, it should have an approximate character, be based on the evidence available in the case, be logically justified, and be verified. In investigative practice, versions are classified according to various criteria. The most commonly used classification in scientific sources is as follows 5 : 1. General versions - versions that explain the general content of the crime. 2. Private versions - versions related to specific situations (person, time, place, method). 3. Accusatory versions - assumptions about a specific person committing a crime. 4. Exculpatory versions - versions that imply the person's non-involvement in the crime. All versions are equal, and a one-sided approach to their verification should not be allowed. When it comes to the stages of compiling the investigative version, maintaining the investigative version requires a certain consistency. In scientific literature, this process is divided into the following stages 6 : 1. Collection of information (through preliminary investigative actions); 2. Analysis and synthesis (logical processing of the obtained data); 3. Formation of a version; 4. Create a plan for version verification; 5. Verification through investigative actions; 6. Approval or rejection of the version. These stages are interconnected and can be carried out in parallel in practice. Verification of versions is the most important part of the investigation. The unverified version has no legal significance. Each version must be confirmed or refuted by evidence. 3 Larin A.M. Methodology of Crime Investigation. - Moscow: Yurait, 2018. - Pp. 87-88. 4 Ibragimov N.J. Criminal Procedure. - Tashkent: Tashkent State University Press, 2020. - Pp. 76-77. 5 Larin A.M. Methodology rassledovaniya prestupleniy. — Moscow: Yurayt, 2018. — pp. 89–92. 6 Belkin R.S. Course of Criminalistics. Vol. 2. - Moscow: Yurist, 2019. - Pp. 201-203.
Dekabr, 2025-Yil 358 Thus, the investigative practice of the Republic of Uzbekistan shows that correctly compiled and timely verified investigative versions, firstly, prevent unjustified criminal prosecution; secondly, reduce human rights violations; thirdly, serve to establish the truth in the case. For this reason, making a version is one of the main criteria that determine the professional skills of an investigator. In conclusion, it can be said that the maintenance of the investigative version forms the scientific and logical basis of the investigation of criminal cases. The professional skills, legal knowledge, and thinking of the investigator are manifested precisely in the correct compilation and verification of the versions. Therefore, the development of investigative versions and their objective verification is one of the main factors ensuring the effectiveness of criminal proceedings. List of used literature: 1. Belkin R.S. Criminalistics. - Тошкент, 2017. - Pp. 112-114. 2. Vasiliev A.N. Investigative Versions and Planning of Investigation. - Moscow: Yurist, 2016. - Pp. 42-43. 3. Larin A.M. Methodology of Crime Investigation. - Moscow: Yurait, 2018. - Pp. 87-88. 4. Ibragimov N.J. Criminal Procedure. - Tashkent: Tashkent State University Press, 2020. - Pp. 76-77. 5. Larin A.M. Methodology of Crime Investigation. - Moscow: Yurait, 2018. - Pp. 89-92. 6. Belkin R.S. Course of Criminalistics. Vol. 2. - Moscow: Yurist, 2019. - Pp. 201-203.