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On July 2, the Legislative Chamber of the Oliy Majlis of Uzbekistan adopted at the first reading the bill “On amendments and additions to certain legislative documents of the Republic of Uzbekistan aimed at improving the system of work with electronic (digital) evidence”. Report House of Commons Press Officevideo).
Delegates noted that the number of crimes and victims using digital technologies in cyberspace is increasing. Criminals are using new ways to steal money from people’s bank accounts.
In particular, theft of funds from accounts and electronic wallets through the use of technical and software tools to illegally copy and forge (swipe) bank cards or other payment cards.
It was also pointed out that in law enforcement practice, there are problems with the identification of electronic (digital) data evidence and the storage of files, which make it difficult to solve cases.
In order to utilize the achievements of modern information and communication technologies and ensure that the rights and freedoms of participants in the investigation and trial process are effectively protected, the concepts of electronic (digital) evidence, identification and collection of electronic (digital) evidence, etc., have emerged. Some legal documents of the Republic of Uzbekistan have been included in the draft law and are being revised and supplemented, which stipulate the procedures for submission, verification, evaluation, recording and storage, as well as the rights and obligations of participants in this process.
Deputy Daniyor Ganiyev said that the draft law on digital evidence has been submitted to parliament for the third time, following two previous attempts.June 2022 Virginia November 2023 According to him, he believes that the new draft law does not differ significantly from the previous one, and the deputies asked them to explain how the new draft law differs from the previous one.
Dannyo Ganiev
Representatives of law enforcement agencies noted that the new law envisages amendments to legislation on notaries, arbitration courts and forensic expertise. In addition, the procedures for the use, storage, acquisition, recording and evaluation of electronic (digital) evidence are described in detail. The obligations and rights of participants in the process of using digital evidence are also listed.
Ilhom Abdullayev, deputy chairman of the Legislative Chamber’s Committee on Innovation Development, Information Policy and Information Technologies, noted that the document does not fundamentally differ from previous draft laws.
According to him, today’s evidence is divided into material evidence and documentary evidence. Material evidence includes weapons used in crimes, including knives, axes, and similar items. Written evidence initially included letters and orders, and then this piece expanded to include videos, photographs, phonograph records, and the list continues to expand as humanity progresses.
“This is not the first year, but in the past, maybe 50 years, various countries have tried to introduce this type of evidence. But the meaning of the words changes depending on the rearrangement. Electronic evidence or electronic evidence? The whole world is moving towards electronic evidence. No one is objecting to this. “If the drafters of the law take notice of this for the third time and go this way, no one will be afraid of them,” said the deputy.
Ilhom Abdullayev said that if the victim wants to prove in court that he or she was insulted by an online publication, then the evidence must be submitted in electronic form.
“There is nothing complicated or unusual here. It is understandable and no one would object to the enactment of this law. But the problem begins when you say you have electronic evidence. At first glance, this first step seems simple, but after that, problems in the program code begin step by step.” The deputy believed.
According to him, one of the provisions that should be included in the presidential decree for the development of the draft law is the search of cyberspace without the presence of witnesses and the use of mandatory video recording of crimes committed using information technology.
“This is to protect the rights of the people. That is, investigators investigate cyberspace without the presence of witnesses. If there are other actions with the help of witnesses, there should be video records, but you will not see this in the following laws. The bill should include provisions on how investigative agencies can use such evidence to conduct investigations,” he explained.
A law enforcement officer in a neighboring state was indicted for “taking nearly $100 million worth of tokens during an investigation,” a member of the legislature said.
“I mean, imagine that physical and documentary evidence is confiscated. (News) about a mining company. And in May this year, it was not transferred to official state custody, the investigators just transferred the bribes directly from one phone to another on the spot. Why do we have such laws all over the world? Because when conducting investigative operations, this so-called evidence should be transferred to the state, how it should be preserved, how it should be presented in court proceedings. But we don’t see these standards here either – at all,” he said.
Ilhom Abdullayev also commented on Article 201-2, according to which “the heads of enterprises, institutions and organizations and other officials may, prior to an investigation, upon a lawful request by an official of the institution conducting the investigation, provide the electronic data necessary for the use of the data and the means at their disposal in the investigation and judicial action of the investigator, investigator, prosecutor or court”.
“This has never happened in any country. Imagine that the investigating authorities are investigating before the investigation. At the same time, he came to a business where there were entrepreneurs, chief accountants, heads of departments. They need to open all accounts on Telegram, Facebook, etc.. Moreover, as it is written in the article, together with the operator, I do not know how this can be done in principle. “
He said the passage of the law “will lead to tragic consequences.”
“This will not work, that’s for sure. This completely undermines due process. Regarding the organizational aspect, during the zero reading, I attended the relevant committee meetings three times and presented my options on how to amend this bill during the first reading. You can go back and amend the concept. It can be done. But now it is necessary to amend the law and return it in the form of a proposed vote. Or even if it is implemented, it should be completely revised during the second reading. This form is unacceptable,” said Ilhom Abdullayev.
Member of the Justice and Anti-Corruption Committee, MP Davron Oripov, noted that law enforcement agencies are unable to bring cybercriminals to justice due to the lack of adequate tools and mechanisms for their involvement in legislation.
The draft law was passed at first reading with 86 votes, 4 against and 9 abstentions.
On November 30, 2023, Shavkat Mirziyoyev signed a decision on combating digital crime. The document gives the central bank the right to request the freezing of bank cards and accounts in the event of suspicious transactions. Banks and payment organizations are tasked with implementing anti-fraud systems and monitoring large peer-to-peer transfers.
70% of cybercrime is fraud and credit card theft. Head of State on developing unified requirements for fintech services Given a homework.
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