Volume 03 Issue 05-2023
29
American Journal Of Social Sciences And Humanity Research
(ISSN
–
2771-2141)
VOLUME
03
ISSUE
05
Pages:
29-33
SJIF
I
MPACT
FACTOR
(2021:
5.
993
)
(2022:
6.
015
)
(2023:
7.
164
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
ABSTRACT
This article describes how the crime of bullying is expressed in the legislation of some foreign countries, as well as the
issues of responsibility for this crime in these states. Also the definition of the crime of bullying is illuminated by its
composition and the difference in this crime from other socially dangerous acts. The article describes the legislation
of most European states.
KEYWORDS
Crime, hooliganism, bullying, disposition, Emergency, motive, public order.
INTRODUCTION
If we talk about the issues of responsibility established
for the crime of hooliganism in the criminal law of
foreign countries, then by analyzing the norms of
responsibility for the crime of hooliganism in the
criminal law of foreign countries, five types of
dispositions of these norms can be distinguished.
Mark:
Established criminal liability for hooliganism and
disposition that does not contain signs of contradiction
to moral norms - this type of disposition is defined in
Part 1 of Art. 195 of the Criminal Code of Estonia[ 1];
An order with signs of violence, damage to property or
destruction and not contrary to moral standards - this
type of order is defined in Article 221, Part 1 of the Civil
Code of Azerbaijan [ 2], Article 258 - Part 1 of the Civil
Research Article
CRIMINAL ISSUES FOR HARASSION IN SOME FOREIGN COUNTRIES
Submission Date:
May 12, 2023,
Accepted Date:
May 17, 2023,
Published Date:
May 22, 2023
Crossref doi:
https://doi.org/10.37547/ajsshr/Volume03Issue05-07
Bermaxanov Asilbek Qoldasbaevich
2nd Stage Master's Student Of The Karakalpak State University Named After Berdakh, Uzbekistan
Journal
Website:
https://theusajournals.
com/index.php/ajsshr
Copyright:
Original
content from this work
may be used under the
terms of the creative
commons
attributes
4.0 licence.
Volume 03 Issue 05-2023
30
American Journal Of Social Sciences And Humanity Research
(ISSN
–
2771-2141)
VOLUME
03
ISSUE
05
Pages:
29-33
SJIF
I
MPACT
FACTOR
(2021:
5.
993
)
(2022:
6.
015
)
(2023:
7.
164
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
Code of Armenia [3 [, Article 239 of the Civil Code of
Georgia, part 1 in part [4 ], in part 1 of Art. 234 of the
Criminal Code of Kyrgyzstan [ 5], in part 1 of Art. 237 of
the Criminal Code of Tajikistan [6 ], in part 1 of Art. 279
of the Criminal Code of Turkmenistan [7 ], as well as in
part 1 of Art. 277 of our national CC [8 , 9] defined;
An order containing signs of a contradiction to moral
standards in the case of extreme arbitrariness or
extravagance - this type of order is defined in article
339 part 1 of the Civil Code of the Republic of Belarus
[9 ], art. 257 of the Civil Code of the Republic of Kosovo
[10 ] and Article 296 of the Civil Code of Ukraine, part 1
[11 ] ;
An order containing signs of opposition to a
representative of the authorities or other persons who
did not stop the behavior of a representative of the
authorities or other persons who did not stop the
behavior of violent behavior or moral norms - this type
of order is defined in part 1 of article 287 of the Civil
Code of Moldova [ 12];
hooliganism committed with the use of weapons or
other similar items or on the basis of political,
ideological, racial hostility or on the basis of hostility
towards any social group is determined by disposition
- this type of disposition is defined in Part 1 of Art. 213
of the Criminal Code of the Russian Federation [ 13].
In part 1 of article 257 of the Criminal Code of the
Republic of Kosovo, hooliganism is defined as a gross
violation of public order, gross disrespect for society,
mockery of violence against citizens or mockery of it,
as well as encroachment on or damage to someone
else's property[14, 151].
Article 296 of the Criminal Code of Ukraine defines
hooliganism as a motive for violating the rules of
conduct in society [15, 26].
In the Criminal Code of the Republic of Belarus and
Ukraine, intentional non-compliance with the rules of
behavior in society, beatings, causing minor bodily
harm or damage or destruction of other people's
property, other signs of hooliganism are recognized as
committed in an act of serious violation of public order.
On the other hand, in the criminal legislation of some
countries, responsibility for the crime of hooliganism is
not defined; Poland can be cited as an example of such
countries [16 , 25 ].
In the Republic of Poland, the issue of criminal liability
for hooliganism was expressed in the question of
liability for similar offences.
According to article 156, signs of damage to the skin are
1, 3-
given in paragraphs
If someone is well
if a person is deprived of the opportunity to see, hear,
swim;
Volume 03 Issue 05-2023
31
American Journal Of Social Sciences And Humanity Research
(ISSN
–
2771-2141)
VOLUME
03
ISSUE
05
Pages:
29-33
SJIF
I
MPACT
FACTOR
(2021:
5.
993
)
(2022:
6.
015
)
(2023:
7.
164
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
other severe, life-threatening injury, incurable or long-
term, collective mental illness, if it leads to permanent
or significant disability, if it leads to significant
disfigurement of the div,
subject to imprisonment for a term of one to ten years
[17, 127-128].
Chapter 25 of the Danish Penal Code, entitled "Crimes
with the use of violence against the person", provides,
first of all, criminal liability for encroachment on the life
and health of another person. This article shows that it
is directly manifested in bullying behavior.
Their analysis shows that crimes against health differ in
the ways they are committed [18 , 183-189]. In this case,
firstly, the use of violence (Article 244), secondly,
beatings (Article 245) and, thirdly, beatings (Article
248). Under § 244, any person who uses violence or
otherwise attacks another person is liable to fine,
imprisonment, or imprisonment for any term not
exceeding one year and six months.
In this case, the objective side of the crime in question
is violence or assault. At the same time, the legislator
did not specify the consequences of such actions. The
commission of these actions constitutes the
composition of the completed crime.
In particular, an attack committed with aggression or
cruelty, or of a dangerous nature, or found guilty of
cruelty (Article 245 § 1) must be qualified as an offense
and provided that it is punishable by imprisonment for
any term. no more than four years. If such an attack
caused significant harm to another person or the
health of another person, then it is considered as an
aggravating circumstance. In other cases (part 2)
causing harm to another person or his health - shall be
punished by imprisonment for any term up to four
years.
According to § 248 of the Danish Penal Code, if the
beating
occurred
during
a
violent
conflict
(hooliganism) and if the person who was attacked was
also attacked in response, the application of the
punishment can be waived as a special mitigating
circumstance.
An analysis of this norm allows us to draw the following
conclusion: firstly, here we are not talking about
beating each other as a result of a quarrel with a
hooligan intention. In this case, the quarrel turns into a
fight, and as a result, a fight occurs. Secondly, it is
shown that water is a necessary defense, and as a
result of which there is resistance in response to the
attacker, this situation can be recognized as a
mitigating circumstance, allowing the punishment to
be canceled.
The form of the crime of negligence is reflected in § 249
of the Danish Penal Code, which states that if a person
negligently causes serious harm to another person or
to the health of others, he is liable to a fine or
Volume 03 Issue 05-2023
32
American Journal Of Social Sciences And Humanity Research
(ISSN
–
2771-2141)
VOLUME
03
ISSUE
05
Pages:
29-33
SJIF
I
MPACT
FACTOR
(2021:
5.
993
)
(2022:
6.
015
)
(2023:
7.
164
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
imprisonment for up to four years. months, or in the
presence of extenuating circumstances - deprivation of
liberty for a term of up to four years, may be punished
by kamogami.
Article 135 of the Swiss Penal Code, entitled “Depicting
violence”, should be considered as a deterrent against
criminal violence, which does not require protection
due to its insignificant cultural or scientific value, which
clearly expresses cruelty towards people or animals
and thus towards anyone was. , places, stores,
distributes, advertises, exhibits, offers, demonstrates,
gives away, publicly demonstrates audio recordings,
photographs, images, other objects or programs that
grossly violate certain (elementary) qualities, or is
punishable by a fine and confiscation of things. [ 19, 50-
51]".
If a person acts with the intentions of Faraz, the
punishment is imprisonment or a fine.
In US criminal law, the system of crimes against health,
in turn, provides for liability for "assault and battery".
Their separation from each other is determined by the
sign of the physical impact of the perpetrator on the
victim. For example, it is an attack if one person waits
for another to hit him before falling. If the threat
If you're trying to do something, it's an error [20 , 353-
360]. In our opinion, as a way of committing this crime,
our criminal law provides for the use of physical or
mental force.
Assaults are divided into simple and aggravated
assaults, which are taken into account when
sentencing. A simple assault is called a misdemeanor.
Aggravated assault is called a felony. Such crimes
mainly include the following; assault with intent to kill,
assault, robbery, assault with a dangerous weapon,
etc.
The United States does not include the crime of
disorderly conduct in its state criminal laws. It can be
seen that when causing serious bodily harm as a result
of bullying, the motive and purpose of the person are
not taken into account.
CONCLUSION
In conclusion, we can say that the analysis of the
criminal legislation of foreign countries shows the
presence of a wide network legal framework that
implies responsibility for causing harm to human health
as a result of bullying.
REFERENCES
1.
Criminal Code of the Republic of Estonia (Electronic
resource). - Access mode: http://www.crime.vl.ru.
2.
Criminal Code of the Republic of Azerbaijan
(Electronic
resource).
-
Access
mode:
http://www.online.zakon.kz.
3.
Criminal Code of the Republic of Armenia
(Electronic
resource).
-
Access
mode:
http://www.parliament.am.
Volume 03 Issue 05-2023
33
American Journal Of Social Sciences And Humanity Research
(ISSN
–
2771-2141)
VOLUME
03
ISSUE
05
Pages:
29-33
SJIF
I
MPACT
FACTOR
(2021:
5.
993
)
(2022:
6.
015
)
(2023:
7.
164
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
4.
Criminal Code of Georgia (Electronic resource). -
Access mode: http://www.law.vl.ru.
5.
Criminal Code of the Kyrgyz Republic (Electronic
resource).
-
Access
mode:
http://www.online.adviser.kg.
6.
Criminal Code of the Republic of Tajikistan
(Electronic
resource).
-
Access
mode:
http://www.wipo.int.
7.
Criminal Code of Turkmenistan (Electronic
resource). - Access mode: http://www.aarhus.ngo-
tm.org.
8.
Bulletin of the Oliy Majlis of the Republic of
Uzbekistan, 1995, No. 1, Bulletin of the Oliy Majlis of
the Republic of Uzbekistan, 1996, No. 9, Article 144.
9.
Criminal Code of the Republic of Belarus
(Electronic
resource).
-
Access
mode:
http://www.etalonline.by.
10.
Criminal Code of the Republic of Kazakhstan
(Electronic
resource).
-
Access
mode:
http://www.adilet.zan.kz.
11.
Criminal Code of Ukraine (Electronic resource). -
Access mode: http://www.meget.kiev.ua.
12.
Criminal Code of the Republic of Moldova
(Electronic
resource).
-
Access
mode:
http://www.onlinemzakon.kz.
13.
Criminal Code of the Russian Federation (Electronic
resource).
-
Access
mode:
http://www.consultant.ru
14.
Criminal Code of the Republic of Kazakhstan.-
Almaty.: Zhety zhargy. 1997. -
С 151.
15.
Criminal Code of the Republic of Ukraine. - M.:
Legal center press, 2001. - S. 26
16.
Zhunushova G.B. Criminal liability for hooliganism
under the legislation of the Kyrgyz Republic:
textbook / ed. ed. L.Ch. Sydykova. -Bishkek: KRSU,
2014.-p.25.
17.
Criminal Code of the Republic of Poland. SPb. Legal
Center "Press" 2001. P.127-128.
18.
The Danish Criminal Code / scientific. ed. and
foreword by S.S. Belyaeva, Ph.D. Legal. Sciences
(Moscow
State
University
named
after
Lomonosov): translation from Danish and English
by S.S. Belyaeva, A.N. Rychevoi - St. Petersburg:
Legal Center Press, 2001.-S.183-189.
19.
Criminal Code of Switzerland / translated from
German. - M.: Zertsalo, 2000. - S. 50-51.
20.
US criminal law: successes and problems of reform.
St. Petersburg: Legal Center Press, 2007.- C 353-
360.
