Yangiyev Gayrat
Avezxonovich
Senior science
researcher at Tashkent State University of Law
gyangiev@mail.ru
THE
THEOREM OF TRUTH IN THE INSTITUTE OF PROVING
Annotation:
The theorem of truth is the most important condition in the institute of
proving. The final stage of the criminal proceedings is to establish the truth
in a criminal case. The theorem is a part of the truth based on events and
circumstances as well as establishing the legal true. In the article had shown
the specifics of the theoretical and practical approaching on the proving of
truth.
Keywords: truth,
theorem of truth, rational thinking, ignoratio Elenchi, evidences, confirming
the reality, skills, experience, logical structure.
The
main purpose of the institution of criminal proceedings prove that to achieve
the objective truth. Therefore, the only purpose of this is achieved if the
criminal justice process tasks. Objective criteria to know the truth. Objective criteria to know the truth. The
truth is independent of human consciousness does not depend on the will of the
substance of his subjective preference in the form of knowledge, to reflect the
reality on the ground. Theorem - proof required to be removed, events and convincing
understood. True theorem requires proof of a situation, to prove the most
important parts of the institution. Criminal cases of preconceptions and
expectations about what happened, so the content of the objective truth. Concrete
and practical reality of the criminal proceedings. To determine the truth
of the knowledge of the criminal-procedural requirements and to prove the
general rules apply. To evidence assessment of rational thinking as to
reflect the logical laws. Authentication process to prove the facts taken
into consideration the following general rules1) the proven facts (thesis), and
it should prove to be true; 2) information on the process of proving or
re-examined, you need to have the same meaning. Otherwise, this information is
not substantiated it is logically abstracts Change (ignoratio Elenhay) called; 3)
proof, based on the basic rules of logical contradictions in the law, according
to him, it is a subject considered to be two conflicting thoughts at the same
time is: a) a proven case of two opposite may not be significant; b) an
act logically prove the opposite situation, the facts to be proved; c) the
evidence used to prove the facts of cases should not contradict each
other; 4) confirmation of two mutually opposite is also true at the same
time, I can not lie; 5) applies to the basic principles of logical enough
to prove: If you have any original ideas with other real opinions must be
substantiated. In this sense the law due to the following rules: a) the
information is obtained only from legitimate sources; b) prove to be
complete; c) the status and recognition of the fact has been proved to be
enough to prove; g) means to prove itself to be a real [1].
According
to Article 85 of the Penal Procedure in the case of proving the legitimate and
fair solution based on the facts in order to determine the truth about the
circumstances that are important to the collection, verification and
assessment. Crucial evidence to determine the truth. Evidence
directly related to the criminal case that is guaranteed to be consistent with
the law. To prove the truth of the Institute will be admitted as evidence
in order to determine the following: the actual data, that is, information on
the work of the offense; social risks or the absence of these actions will
help to determine the guilt of the person who committed a criminal case, and
the right decision on the facts that are important to the original
data; witness, victim, suspect, the accused, the defendant, expert
reports, physical evidence, sound and video recordings, films, and photographs
of materials, protocols of investigative and judicial actions and other
documents determined by the actual data; actual data collected in the
manner specified by law; to prove confidence in the internal subjects
inspected and assessed the original data.
One of the basic principles of criminal procedural law violated the
ascertainment of the truth. The inquiry officer, investigator, prosecutor
and court crime took place, the crime and the offender, as well as all the
relevant circumstances. Is to determine the truth is only found in the
procedure stipulated by the criminal procedural code, and can be verified and
the use of assessment information. The suspect, accused, defendant, victim,
witness and other persons participating in the case of violence, intimidation,
and illegal restriction of the rights of special treatment to take action
prohibited. Work to be proved in all cases thoroughly, comprehensively,
fully and objectively studied. Resolving any matter arising out of the
case to expose the accused or defendant, as well as elegant, as well as
facilitating the aggravating circumstances must be identified and taken into
account. In accordance with this principle, the inquiry officer,
investigator, prosecutor and court crime took place, the crime and the
offender, as well as all the relevant circumstances[2]. Reveal
truth only to the procedure stipulated by the Criminal Procedure code
discovered, checked and evaluated with the use of the information. The
suspect, accused, defendant, victim, witness and other persons participating in
the case of violence, intimidation, and illegal restriction of the rights of
special treatment to take action prohibited.
Work
to be proved in all cases thoroughly, comprehensively, fully and objectively
studied. Resolving any matter arising from the criminal case to expose the
accused or defendant, as well as elegant, as well as facilitating the
aggravating circumstances must be identified and taken into account. In
front of the subjects of this principle as the basis for determining the truth
of high responsibility. Companies to carry out this task of knowledge,
skills, experience, and requires the development of ethical norms
perfect. The truth is the human development as the driving force of any
factor which reality. The truth will find justice in the society.
The
Theorem, composition and approval criteria. First complete study of the
nature of the work to prove a criminal case, the conditions which must be
fulfilled. Different versions, and verified, and this formed the basis of
all actions performed on the initial conditions. The improved conditions
in order to verify the evidence gathered and the find was confirmed by the
evaluation. Check prove to institute criminal proceedings on the final
form of the lines. Institute of approval to prove is completed. Thus,
the institution of criminal case to prove the truth with all the requirements
of existing case law, a fair and reasonable manner is considered a cornerstone
of the solution.
The main task of the persons carrying out the
criminal case to prove the completion of determination of the truth. Proven true crime is discovered. In Legal literature, «the investigation does not
prove to be a reliable conclusion as a result of the activities of the agencies»[3],
«Investigator to doubt the guilt of
the accused may be the case to court »[4],
representations. We have agreed with this statement
because it can not constitute the subject of the investigation to prove the
defendants' guilt (or innocence) on the conclusion must be based on sufficient
and reliable evidence.
References
1. Belkin A.R. Theory of
Evidence. - Ì.: 2000. -P. 56.
2. Criminal Procedure
code of Republic of Uzbekistan.
Tashkent. 2014 year.
3. Brusnitsin L.V. Legal
security of persons promoting criminal justice. - M.: Spark, 1999. -P.94;
4. Belkin R.S. Job
investigator. - Ì.: Expert bureau,
1998. -P.96.