THE STATE’S POSITIVE AND NEGATIVE HUMAN RIGHTS OBLIGATIONS IN THE CONDUCT OF OPERATIONAL-SEARCH ACTIVITIES

Authors

  • Habibullayev Dalerbek Baxtiyor ugli Habibullayev Dalerbek Baxtiyor ugli Author

Keywords:

positive obligations, negative obligations, operational-search activities, human rights, privacy, effective investigation, proportionality, judicial oversight, effective remedy.

Abstract

The thesis analyses the State’s positive and negative human-rights obligations in operational-search activities. Positive obligations require reasonable preventive measures, effective investigation, protection of victims and functioning remedies. Negative obligations require the State to refrain from arbitrary interference with privacy, correspondence, the home and personal data. It is argued that operational effectiveness and human-rights protection should be reconciled through legality, necessity, subsidiarity, proportionality, independent judicial oversight, data minimisation and subsequent review. The author proposes expressly incorporating this dual obligation into the legislation of the Republic of Uzbekistan and establishing a human-rights justification for intrusive operational-search measures.

Author Biography

  • Habibullayev Dalerbek Baxtiyor ugli, Habibullayev Dalerbek Baxtiyor ugli

    Tashkent State University of Law, Department for the Coordination of Clinical Legal Education, Legal Clinics Methodologist

References

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Published

2026-08-06

Issue

Vol. 9 No. 1 (2026): GLOBAL RESEARCH AND ACADEMIC INNOVATIONS

Section

Articles