IMPLEMENTATION OF THE ADVERSARIAL PRINCIPLE AT THE PRE-TRIAL STAGE: LIMITS, PROBLEMS AND PROSPECTS FOR ENHANCEMENT

Abstract

This article is devoted to the analysis of the implementation of the adversarial principle at the pre-trial stage of the criminal process of the Republic of Uzbekistan. It examines the normative foundations of the adversarial principle enshrined in the Criminal Procedure Code and the Constitution of the Republic of Uzbekistan, as well as the specifics of its practical application within the inquisitorial model of preliminary investigation. Special attention is paid to the correlation of procedural opportunities of the prosecution and the defense, the role of defense counsel at the stages of inquiry and preliminary investigation, as well as the problem of the defense’s limited access to case materials. The key directions of reforms in criminal procedural legislation are analyzed, including the expansion of the powers of defense counsel, the introduction of the institution of the investigative judge, the strengthening of judicial control, and the digitalization of pre-trial proceedings. International standards of a fair trial and their influence on the development of the national model of criminal procedure are also considered. It is concluded that, despite existing problems and objective limitations, pre-trial proceedings in Uzbekistan are evolving toward strengthening adversarial elements while preserving the public-law nature of criminal prosecution.