Volume 03 Issue 05-2023
16
American Journal Of Philological Sciences
(ISSN
–
2771-2273)
VOLUME
03
ISSUE
05
P
AGES
:
16-23
SJIF
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MPACT
FACTOR
(2022:
5.
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)
(2023:
6.
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)
OCLC
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1121105677
Publisher:
Oscar Publishing Services
Servi
ABSTRACT
In this article, recommendations are given for situations related to the assignment of linguistic expertise to
defamatory materials. As society develops, protection of its life, honor and dignity is becoming a priority issue. Of
course, taking into account that practical research of the social importance of language, in particular, determining the
discrediting of a person, evaluating such features in words, phrases and sentences is considered an urgent issue, some
recommendations are given to provide a solution in this regard.
KEYWORDS
Person, discredit, court, conflict, linguistic examination, conclusion, basis.
INTRODUCTION
Language is such an important tool in human life that
one cannot imagine life without it. The participation of
language has special importance in terms of dealing
between humans and the world and everything in it.
This can be clearly observed, especially in interactions
between people. Of course, it is a natural phenomenon
that various conflicts and misunderstandings occur in
such relationships. The issue we are researching is to
achieve a solution to such problematic situations and
their controversial issues related to language as much
as possible. There is an article in the Criminal Code of
the Republic of Uzbekistan: "Article 140. Insult
Research Article
FEATURES OF APPOINTING A FORENSIC-LINGUISTIC EXPERTISE ON
"DEFAMATION OF A PERSON" CONTENT MATERIAL
Submission Date:
May 07, 2023,
Accepted Date:
May 12, 2023,
Published Date:
May 17, 2023
Crossref doi:
https://doi.org/10.37547/ajps/Volume03Issue05-04
Najmidinova Nilufar
The Republican Center Of Forensic Examination Named After X. Suleymanova Document Forensics Laboratory
Expert, Uzbekistan
Journal
Website:
https://theusajournals.
com/index.php/ajps
Copyright:
Original
content from this work
may be used under the
terms of the creative
commons
attributes
4.0 licence.
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Publisher:
Oscar Publishing Services
Servi
MAIN PART. Insulting, namely intentionally insulting
the honor and dignity of a person with indecency, if it
is committed after the application of administrative
punishment for such actions, -
shall be punished with a fine of up to two hundred
times the amount of the base calculation or
compulsory community service for up to two hundred
and forty hours or correctional work for up to one year.
Defamation by publishing or in another way, including
in the mass media, telecommunications networks or
the Internet global information network -
shall be punished by a fine in the amount of two
hundred to four hundred times the amount of the base
calculation, or two hundred and forty to three hundred
hours of compulsory community service, or one to two
years of correctional work.
Insult:
a) in connection with the performance of the victim's
service or civic duty;
b) if it was committed by a dangerous recidivist or by a
person previously convicted of defamation, -
shall be punished by a fine in the amount of four
hundred to six hundred times the amount of the base
calculation, or correctional work from two to three
years, or restriction of freedom for one year." [3].
Laws define what can be done, what can't be done,
and in general permits and prohibitions. It is stated
above that it is impossible to insult a person and that
certain punishment is inevitable for him. However,
there are no clear limits on whether a word, speech, or
action is insulting. This is a task performed by
specialists who have special linguistic knowledge.
Insult is an intentional humiliation of a person's honor
and dignity, expressed in an indecent manner. Insults
(verbal, written) or actions (spitting, inappropriate
gestures (inappropriate gestures are actions that are
considered as insults among people, for example, by
pointing the index finger on the side of the forehead to
show that person is mentally retarded pointing can
also be done in the form of gestures of a person's
genitals and sexual intimacy through fingers. In the
explanatory dictionary of the Uzbek language, "Insult
[a. - inferiority, vileness, baseness; condescension;
insult]
1 Word and phrase mean that insults a person's honor
and personality. Tulkinjon immediately noticed this,
covered his eyes and swallowed the insult that was
about to come out of his mouth. F. Musajon, Khuri.
Abdubilol cried and did not speak back, but spat in his
brother's face. S. Yunusov, Unexpected treasure. 2.
Such treatment, behavior, situation. He [a student].
clutching his protruding ear, looked at Haji and used
the harshest, most terrible insult he could, namely,
"You are illiterate!" said. A. Qahhor, Works. Aunt Asal
knew that her son did not drink, and the detective's
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words seemed insulting. S. Yunusov, Unexpected
Treasure. Gulamjon looked at the bread on the table
and felt disappointed. Even though this was an insult
to his pure intentions, Matkovul felt sorry for the poor
man, thinking that people are ready to give what they
have for enlightenment. M. Ismaili, Fergana t. o. Due to
the fact that our petty governors could not unite, we
could not withstand the attack of the invader with
great power, our wives and daughters were taken
away. Is there anything more insulting than that,
Architect?! Mirmukhsin, Architect.” [2, 186].
"Insulting is exactly insult. You insulted them as
"meshchan". A. Mukhtar, Birth. Yes, let your tongues
that blaspheme me be cut off! D. Nuri, Pillar of the Sky.
A person who gets angry in an argument, shouts,
insults the other side always loses. F. Musajonov,
Himmat."
"Curse II 1 To fight with bad words, to insult. - Yes,
dishonest, yes dog! - Karatoy started cursing the rich
man. - Dirty crow! Oybek, Selected works. I'm hungry! I
am naked! Poor! You curse him, you curse him, and
that's how you insulted him. M. Ismaili, Fergana t. o
.”
[2, 186]. Although it is mentioned what an insult is in
the explanatory dictionary of the Uzbek language, the
meaning of insulting words is not clarified. Take, for
example, the word turshak. "Turshak is a dried apricot"
in EDUL. To dry apricot. Zebi-Khan served bread and
turshak on a tray and put them in front of them [the
guests]. S. Ahmed, Horizon. The communicator was
also sitting, turshak was in his mouth, biting a stone
and eating its kernel. M. Mukhamedov, After Hero.
Turshak water. A drink made by boiling turshak in
water. In one corner of Outing, kvass sellers, turshak
water sellers, and swindlers are deceiving young
children's money. M. Mukhammadjanov, Marriage
Attempts. He got up and drank two or three spoonfuls
of the water from the cup. From the newspaper." and
this is used in the sense of insulting a person in the
territory of Tashkent city. That is, in the sense that it
looks wrinkled, it is broken, it is very small, it is broken.
Such problematic and controversial issues are solved
by creating special dictionaries of "Insulting words,
expressions, proverbs, and signs".
The use of profanity is condemned by the public mind
from a moral and ethical point of view, but it would be
a mistake to say that these units are absolutely
forbidden. For example, there are situations in which
the public mind may justify their use (including in
humorous situations among friends, for the creator to
describe a character in a fictional text, for punning
purposes, for humorous purposes, and other such
situations).
Protection of immovable property of a person - honor,
dignity and business reputation is protected by law,
and certain punishment is imposed when untruthful,
insulting or slanderous information about a person is
disseminated, action will be taken with the type. [3,
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175]. In order to open a claim for the protection of
honor and dignity and professional reputation,
information must be disseminated in an untrue and
defamatory manner. If there are no such signs in the
information considered insulting, it means that there is
no civil offense, and the claim in this category of cases
will not be satisfied. Distribution occurs when it
becomes known to at least one person other than the
claimant (the person to whom something is confirmed
or denied in this information), that is, when the
information reaches the claimant personally. If a citizen
claims to have violated the current legislation or moral
standards, the principles of behavior established in
society, a special examination shall be carried out.
Disseminated information should reflect events and
facts, that is, it should have a form that can be proven
or disproved (text, video, audio recordings, various
signs, or impartial witnesses). In this regard, if the
information disseminated is not of an evaluative
nature, the claim for protection of honor will not be
satisfied. The dissemination of opinions about value is
recognized as the implementation of the constitutional
principle of freedom of speech, opinion, and belief; the
distribution of value judgments is not recognized as an
invasion of the intangible interests of individuals. The
inspection is mainly carried out in the following stages:
1. The procedure for determining the truth of a
statement based on experimental (empirical) data. For
example, you can check the message "Illegitimate
money has been embezzled from the account of the
organization." Only a statement of facts can be verified
as true, and evidence that cannot be verified that we
have an opinion or assessment (He is a bad worker).
2. The expert's conclusion can be further confirmed by
experimental methods (for example, a psycholinguistic
experiment, a survey, a questionnaire). There are two
approaches to solving defamatory statements. For
example, when it is claimed that a person is insulting,
such as "thief, corruptor, bribe taker, whore, raider", it
is resolved by special investigations, looking for
evidence, "comparing a person to a certain animal
(deer, cat, fish, lamb (for Uzbeks) other than similes
that mean praise or caress) "cattle, animal, donkey,
dog, puppy (in Uzbeks, pig is also an insult, in Russians,
pig is a petting word) "Monkey, ox, snake, lizard,
scorpion, frog, turtle, rat" is an insult, it will be possible
to determine that it is an insult through the
"Explanatory Dictionary of Insults". It is also important
to note here that expressions considered as insults are
not always insults. Such cases can also be caused by
regional characteristics. That is, a word or expression
that is considered an insult in a certain region may be a
word used in everyday life in another region. For
example, in the Tashkent region, "whore" is just a
parasitic word that has stuck on the tongue. "Drink it,
drink it, whore!" Zaynab bit her back... Otabek threw
the cup at her... Zaynab's clothes were covered with
soup. Then Yusufbek appeared from the hall. "Go
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Publisher:
Oscar Publishing Services
Servi
away, go away, whore!" Divorce, divorce! (Abdullah
Qadiri. Past Days. p. 207). It is known from this point
that the word analyzed above is an insult word, but this
word does not have the meaning of insult either in the
explanatory dictionary of the Uzbek language (exactly
synonymous with the word prostitute) or in any other
place. not recorded. This makes it impossible to
conclude that it is an insult when a linguistic
examination is made to whom this word is used; the
dignity of the insulted person is humiliated, and the
person who insulted him can easily get away with the
violation of the law.
It is necessary to find answers to the questions about
the degree of independence in the preparation and
execution of the text (whether the text was written
independently or by being dictated to by someone, for
example, it is possible to write it by an adult; for
example, the psychological state of the person who
created the text, under what conditions it was
written).
Table for diagnosing text that is considered offensive
1-table.
Diagnostic signs
If it causes defamation by
defamation
or
illegal
distribution, (+) is placed,
otherwise (-).
reporting negative information about a person or
organization
+
negative information is being used against a specific
person or organization
+
negative information does not have a factual nature
+
public and illegal dissemination of information
+
defamation of the nature of this information (i.e.
expressed in linguistic form, a sign of violation of moral
standards or laws)
+
the informative nature of the text, the informative
purpose of the author (insert) (article, note, public
+
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speech, statement, request, power of attorney, note,
appeal, information message, etc.).
inaccuracy of information (determined by the court).
+
in the form of inappropriate language for communicating
negative information
+
That the information disseminated is knowingly false
(confirmed by a court)
+
Not published as permitted by law
-
Words, phrases and proverbs in the text mean insults in
special dictionaries
-
Of all the actions demeaning the honor and dignity of a
person, only those expressed in an unacceptable form
are subject to administrative responsibility. This does
not exclude the responsibility for humiliating a
person's honor and dignity. It is appropriate to use
euphemistic terms such as "bribery leader", "abuse of
authority", "prostitute", "selling one's div" for
persons caught committing a certain crime in society.
Although the opposite cases are not insults (if the guilt
is confirmed, it is discrimination), it is a correct and
acceptable approach from the point of view of
nationalism and universality, taking into account the
beautiful upbringing of the young generation in the
openness of information.
If the information in the main examination is not clear
enough, if there are questions about the completeness
of the study, if all the proposed materials have not
been studied, etc., an additional examination is
appointed.
An additional expert opinion is appointed to determine
the results of the main expert opinion, as well as when
new questions arise regarding the previously studied
circumstances of the case if it is not possible to obtain
such explanations during the questioning of the
expert. Additional expertise may be assigned to the
same expert (a commission of experts) or another
expert (commission of experts).
Interrogation of an expert is an additional question of
an expert in connection with the expertise conducted
by him and can be done by the inquirer.
Disseminated information should reflect events and
facts, that is, it should have a form that can be proven
or disproved (text, video, audio recordings, various
signs, or impartial witnesses). In this regard, if the
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2771-2273)
VOLUME
03
ISSUE
05
P
AGES
:
16-23
SJIF
I
MPACT
FACTOR
(2022:
5.
445
)
(2023:
6.
555
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
information disseminated is not of an evaluative
nature, the claim for protection of honor will not be
satisfied. The dissemination of opinions about value is
recognized as the implementation of the constitutional
principle of freedom of speech, opinion and belief; the
distribution of value judgments is not recognized as an
invasion of the intangible interests of individuals.
The inspection is mainly carried out in the following
stages:
1. The procedure for determining the truth of a
statement based on experimental (empirical) data. For
example, you can check the message "Illegitimate
money has been embezzled from the account of the
organization." Only a statement of facts can be verified
as true, and evidence that cannot be verified that we
have an opinion or assessment (He is a bad worker).
2. The expert's conclusion can be further confirmed by
experimental methods (for example, a psycholinguistic
experiment, a survey, a questionnaire). There are two
approaches to solving defamatory statements. For
example, when it is claimed that a person is insulting,
such as "thief, corruptor, bribe taker, whore, raider", it
is resolved by special investigations, looking for
evidence, "comparing a person to a certain animal
(deer, cat, fish, lamb (for Uzbeks) other than similes
that mean praise or caress) "cattle, animal, donkey,
dog, puppy (in Uzbeks, pig is also an insult, in Russians,
pig is a petting word) "Monkey, ox, snake, lizard,
scorpion, frog, turtle, rat" is an insult, it will be possible
to determine that it is an insult through the
"Explanatory Dictionary of Insults". It is also important
here that expressions considered as insults are not
always insults. Such cases can also be caused by
regional characteristics. That is, a word or expression
that is considered an insult in a certain region may be a
word used in everyday life in another region. For
example, in the Tashkent region, "jalla, jalab" is just a
parasitic word that has stuck on the tongue. "Drink it,
drink it, whore!" Zaynab bit her back... Otabek threw
the cup at her... Zaynab's clothes were covered with
soup. Then Yusufbek appeared from the hall. "Go
away, go away, whore!" Divorce, divorce! (Abdullah
Qadiri. Past Days. p. 207). It is known from this point
that the word analyzed above is an insult word, but this
word does not have the meaning of insult either in the
explanatory dictionary of the Uzbek language (exactly
synonymous with the word prostitute) or in any other
place. not recorded. This makes it impossible to
conclude that it is an insult when a linguistic
examination is conducted against the person whom
this word is used, the dignity of the insulted person is
humiliated, and the person who insulted him can easily
get away with the violation of the law.
CONCLUSION
It is necessary to find answers to the questions about
the degree of independence in the preparation and
execution of the text (whether the text was written
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:
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SJIF
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(2023:
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OCLC
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Publisher:
Oscar Publishing Services
Servi
independently or by being dictated to by someone; for
example, it is possible to write it by an adult, for
example, the psychological state of the person who
created the text, under what conditions it was
written).
REFERENCES
1.
Ўзбек тилининг изо
ҳ
ли
лу
ғ
ати. 5 жилдли. V
жилд. –
Тошкент: Ўзбекистон миллий
энциклопедияси, 2020. –
Б. 186.
2.
Шабанов М. Особенности проведения
судебной лингвистической экспертизы по
делам
об
оскорблении
//
Вестник
Дагестанского
государственного
университета. 2010. Вып. 2 –
С. 175
3.
https://nrm.uz/contentf?doc=316353_&produc
ts=1_vse_zakonodatelstvo_uzbekistana
