ESSENTIAL CONDITIONS FOR PROVING (EVIDENCE)

Authors

  • Nomazov Ikhtiyor Ismailovich Tashkent State University of Law Independent Researcher

Keywords:

Conditions of proof, criminal process, proving, evidence, procedural form, legality, human rights, admissibility of evidence, reliability of evidence, relevance of evidence, collection of evidence.

Abstract

This article is dedicated to the theoretical and practical analysis of the essential conditions that ensure the effectiveness and legality of proving (do­kazyvanie) activity within the criminal process. The research reveals the core fundamental conditions that define the essence of proving: adherence to the procedural form, ensuring the principle of legality, and the condition of protection of human rights and freedoms. The article thoroughly examines how the violation of these specific conditions serves as a basis for deeming evidence inadmissible, which subsequently obstructs the fair resolution of the criminal case. Furthermore, the interconnectedness of conditions related to the quality of evidence (relevance, admissibility, and reliability) that ensure the success of the proving process is analyzed, and the procedural significance of their proper formation is substantiated. The conclusions present scholarly proposals aimed at perfecting the conditions for proving in the Criminal Procedure legislation of Uzbekistan and preventing shortcomings in law enforcement practice.

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References

Shavkat Mirziyoyev. We will build a free and prosperous, democratic Uzbekistan state together. // "Uzbekistan" NMIU. Tashkent – 2016. – P. 19.

Tulaganova G.Z., Criminal Procedure Law. General Part. Textbook. Collective of authors // under the general editorship of D.Sc. in Law, Prof. G.Z. Tulaganova, Ph.D. in Law, Assoc. Prof. S.M. Rakhmonova. – Tashkent. TSUL Publishing House. 2017. – P. 77.

Kutsova E.F. Evidence is an element of the factual basis of criminal procedural decisions // Vestn. Mosk. un-ta. Ser. Pravo. 2011. No. 3. pp. 35–36.

Abdullaev P.S. The concept of evidence in the criminal procedural law of Russia (topical issues) // Vestnik Moskovskogo universiteta. No. 11. 2012. – pp. 99-109.

Savelyeva N. V. Problems of evidence and proving in criminal procedure: Textbook. // N. V. Savelyeva. – Krasnodar : KubSAU, 2019. – P. 6.

Dorokhov V.Ya. Theory of evidence in criminal procedure. / Ed. N.V. Zhogina. - M.: 1973. - P. 224.

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Published

2025-12-11

How to Cite

Nomazov Ikhtiyor Ismailovich. (2025). ESSENTIAL CONDITIONS FOR PROVING (EVIDENCE). Journal of Applied Science and Social Science, 15(12), 340–343. Retrieved from https://www.internationaljournal.co.in/index.php/jasass/article/view/2590

Issue

Vol. 15 No. 12 (2025): Volume 15 Issue 12

Section

Articles

License

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