SOME CONSIDERATIONS ON THE UNIFICATION OF INVESTIGATIVE ACTIONS AND OPERATIONAL SEARCH MEASURES IN CRIMINAL PROCEEDINGS

Abstract

This article examines the unification of investigative actions and operational search measures in criminal proceedings from a theoretical and legal perspective. The study focuses on the legal nature of these two institutions, their interrelationship, and the prospects for their procedural convergence within a unified framework. A comparative analysis of the “separationist” and “integrationist” doctrines is conducted, and institutional models developed within the legal systems of the United States, Germany, France, Russia, and the United Kingdom are examined. Concurrently, existing lacunae in the current criminal procedure legislation of the Republic of Uzbekistan are identified. The research employs comparative legal, systemic, historical, and logical methods. The findings reveal that the procedural status of operational search results and the conditions governing their admissibility as evidence have not been comprehensively or systematically codified in national law. The “controlled integration” model is substantiated as the most viable approach for the Uzbek legal context, and the addition of a new fourth paragraph to Article 81 of the Code of Criminal Procedure is proposed. In conclusion, it is emphasized that any unification process must be carried out in strict conformity with the principles of fair trial, guarantees of the right to defence, and the admissibility of evidence.