DIGITAL TRACES AS A MEANS OF EVIDENCE IN ECONOMIC CRIME CASES: THE PERSPECTIVE OF UZBEKISTAN'S NATIONAL LEGISLATION
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Аннотация:
The rapid digitalisation of Uzbekistan's economy – reflected in over 22 million active electronic payment users, UZS 1,100 trillion in non-cash transactions in 2024, and the expanding role of cryptocurrency platforms – has fundamentally transformed the evidentiary landscape in economic crime proceedings. This thesis examines the legal concept of digital traces under Uzbekistan's national legislation, analyses existing procedural mechanisms for their collection, authentication, and admission into evidence, and identifies the critical gaps that impede effective prosecution of digitally-enabled economic crimes. Grounded in the Code of Criminal Procedure of the Republic of Uzbekistan, the Law on Electronic Documents, anti-corruption and AML/CFT legislation, and a series of Presidential Decrees shaping the digital economy, the thesis argues that while Uzbekistan has made significant legislative strides, a dedicated evidentiary regime for digital traces remains absent from the national legal framework – a deficit that demands urgent and targeted reform.
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Библиографические ссылки:
Code of Criminal Procedure of the Republic of Uzbekistan. Articles 88–98 (Evidence), 168–182 (Investigative Actions). As amended by Law No. ZRU-762, 29 December 2022. [Article 93 amended to include data from information systems.]
Law of the Republic of Uzbekistan No. ZRU-29. On Electronic Documents and Electronic Digital Signatures. Adopted 11 December 2003, as amended 2021. Official Gazette of the Republic of Uzbekistan.
Law of the Republic of Uzbekistan. On Combating Legalisation of Proceeds from Criminal Activity and Financing of Terrorism. Law No. ZRU-130 (2004), as amended by Law No. ZRU-741, 2022. [Virtual assets incorporated into AML/CFT scope.]
Presidential Decree of the Republic of Uzbekistan No. PP-4852. On Measures for the Development of the Digital Economy in Uzbekistan. 3 September 2020. [NAPP established; VASP licensing regime; KYC/AML record-keeping obligations.]
Presidential Decree of the Republic of Uzbekistan No. UP-60. On the Development Strategy of New Uzbekistan for 2022–2026. 28 January 2022. [Digital economy targets; mandate for State Digital Forensics Centre.]
Criminal Code of the Republic of Uzbekistan. Articles 167–170 (Fraud, Embezzlement, Misappropriation), Article 168-1 (Cryptocurrency Fraud), Article 131-2 (Unauthorised VASP Activity). As amended 2021–2022.
National Agency for Perspective Projects (NAPP) of the Republic of Uzbekistan. (2023). Annual Report on the Regulation of the Virtual Asset Sector. Tashkent. [9 licensed exchanges; trading volumes; KYC/AML compliance monitoring.]
National Bank of the Republic of Uzbekistan. (2024). Statistical Bulletin on Payment Systems. Tashkent. [22 million active e-payment users; UZS 1,100 trillion non-cash transaction volume in 2024.]
State Tax Committee of the Republic of Uzbekistan. (2023). Analytical Report on the Use of Digital Evidence in Tax Investigations 2019–2023. Tashkent. [340% increase in digital evidence submissions to prosecutors' offices.]
Academy of the General Prosecutor's Office of the Republic of Uzbekistan. (2023). Internal Survey on Digital Evidence Collection Practices in Regional Economic Crime Investigations. Tashkent. [60% figure on non-standardised collection procedures outside Tashkent.]
Ministry of Internal Affairs of the Republic of Uzbekistan. (2023). State Digital Forensics Centre: Operational Capabilities Report. Tashkent.
Tashkent City Court. (2022). Criminal Case No. [classified ref.] – Prosecution of Cryptocurrency Investment Fraud (UZS 45 billion; 800+ victims). [First major case applying amended Article 93 CCP to blockchain and Telegram evidence.]
UN Office on Drugs and Crime (UNODC). (2019). Electronic Evidence: A Basic Guide for Police and Prosecutors. United Nations, Vienna. [Model framework for electronic evidence; adopted as reference in Uzbekistan's reform programme.]
Mirziyoev, Sh.M. (2022). Address to the Oliy Majlis of the Republic of Uzbekistan, 20 December 2022. [Digital economy development priorities and rule-of-law strengthening in the context of New Uzbekistan strategy.]
Tashkent State University of Law. (2023). Review of Criminal Procedure Legislation in the Context of Digital Transformation. Vestnik TSUL, No. 3, 2023. [Academic analysis of Article 93 amendments and remaining legislative gaps.]