ENSURING PUBLIC ORDER AND PROTECTING THE INDIVIDUAL FROM HOOLIGANISM

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ABSTRACT

The article deals with the theoretical and legal aspects of ensuring public order and protecting the individual from

hooliganism at the present stage of development of society and the state. An important place is occupied by the

analysis of the views of learned lawyers on the definition of the concepts of public order and public safety.

KEYWORDS

Personal protection, public order, public safety, prevention of criminal behavior, prevention of victim behavior.

INTRODUCTION

Integration into a civilized community, along with the

solution of many economic, cultural and political

problems, requires the existence of an effective

system of social and legal prevention of crimes and

appropriate mechanisms for protecting citizens from

criminal encroachments. Awareness of the need to

solve this problem in recent decades has led to the

formation in civilized countries of a powerful and

influential movement in defense of the rights of both

criminals and victims, to the intensive improvement of

legislation and the practice of treating, on the one

hand, the perpetrators of crimes, on the other hand,

with the victims of crimes, to rethinking the overall

Research Article

ENSURING PUBLIC ORDER AND PROTECTING THE INDIVIDUAL FROM
HOOLIGANISM

Submission Date:

November 01, 2022,

Accepted Date:

November 05, 2022,

Published Date:

November 13, 2022

Crossref doi:

https://doi.org/10.37547/ajsshr/Volume02Issue11-05

Karaketova Dilnoza Yuldashevna

Senior Lecturer Department Of Theater Painting Decoration National Institute Of Fine Arts And Design, Named
After Kamoliddin Bekhzod, 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.

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goals and priorities of the policy to combat criminal

manifestations, to control crime.

The modern period of the development of the state is

characterized by a deep reformation of the political,

social,

economic, spiritual

and

organizational

foundations of public life. There is a reassessment and

renewal of worldview attitudes. Universal human

values, democracy, rights and freedoms of the

individual are justifiably brought to the fore. It is the

personality, the person, the citizen who represent the

purpose and meaning of the activity of the state, and

their rights and freedoms are the highest value in the

state. Dissatisfaction with the interests of an individual,

a person, a citizen inevitably leads society into an

unstable state, which in turn causes such social

phenomena as the deterioration of the general crime

situation, the growth of serious and especially serious

crimes, and hence the violation of public order and

disrespect for state and society [1]. All this entails the

dissatisfaction of citizens, social tension, public fear

and concern for their own destiny and life. The

problem of creating a relatively stable society is always

connected with the security of the individual, with the

real possibilities of exercising the corresponding rights

and freedoms. The Republic of Uzbekistan has taken a

course towards building a state of law, where, indeed,

a particular person and his safety become the highest

value.

Society and the state are directly interested in a strong

and reliable mechanism for ensuring the security of the

individual. When we talk about the fact that the

aggravation of the crime situation is one of the

destabilizing factors, one follows from the other: the

protection of the individual from ensuring public order,

this order from the reliability of public security, and

everything in general - from national security. Hence

the problem of strengthening the role of the state and

society as a guarantor of the security of the individual.

Many basic categories are “woven” into the system:

personality, security, security protection, etc. etc., and

the main thing at the same time is to ensure the

security of the individual and society, the citizen and

the state. Therefore, it is necessary to improve the

situation in the country, overcome the causes that

cause social deformation, as well as the formation of

an aggressive way of thinking and behavior, an ugly

way of life, develop a set of measures, the

implementation of which will meet the interests of the

individual and society, the citizen and state. Принцип

общего

движения

таков:

осуществление

«вытеснения» из об¬щества агрессивного типа

личности и формирования неагрессивного типа

личности. In essence, we are talking about the

prevention of crime, because it is she who, apart from

other factors, poses a real threat to the individual and

society. It is necessary, therefore, to ensure effective

control over crime, in particular, over those acts that

infringe on the person and public order.

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For a deeper consideration of the problem, some

scientists raise the question - what is personal security?

In the literature, this is linked to the disclosure of the

following concepts: in what ways and methods is the

security of the individual, and how to understand: the

personal security of citizens, the protection of the

individual, etc.? Let us try to consider all these

principles, proceeding from the fact, however, that the

concepts of personal security and protection of the

individual are central to our study.

Personal security is the state of a person, expressed in

the absence of threats to him personally, his rights and

freedoms.

Personal security is the degree of protection of the

vital interests of a person, his rights and freedoms.

Personal protection is specific actions aimed at

ensuring the safety of a person, preventing any

encroachment on him, preventing an offense on his

part, protecting his rights and freedoms, life and

health, property, etc. To some extent this corresponds

to the concept of "criminological security" [2].

These concepts are closely interrelated and, in general,

ultimately come down to protecting a person from any

encroachment.

The problem of ensuring security and society, the

citizen and the state is considered at two levels.

The first level is general (broad concept); it is to ensure

national security and public order.

The second level is individual (narrow concept); this is

to ensure the security of the individual, its protection

from encroachment on its rights and freedoms.

At each of these levels, the criminological aspect is

singled out when it comes to the state of crime in

general and, in this regard, to the public order, when

specific criminal acts, the perpetrators, and the victims

are meant. The constant transition from the general to

the individual and vice versa testifies to the unity of

these levels. At each of these levels, the criminological

aspect is singled out when it comes to the state of

crime in general and, in this regard, to the public order,

when specific criminal acts, the perpetrators, and the

victims are meant. The constant transition from the

general to the individual and vice versa testifies to the

unity of these levels. They can only manifest

themselves in the fact that the measures necessary to

ensure public order often do not coincide with the

measures to protect the individual from hooliganism.

In the first case, they are broader and less specific,

while in the second they are targeted at specific

individuals. In general, hooligans are restrained from

deliberately disregarding the rules of behavior in

society, associated with beatings, causing minor bodily

harm, or destroying or damaging someone else's

property.

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Any level of ensuring security and society, protecting

public order and protecting the individual can be

considered independent, as it is adapted to take into

account the specific conditions of its manifestation.

But this autonomy is conditional. Indeed, the two

indicated levels - ensuring public order and protecting

the individual - are different aspects. At the same time,

only in unity do they constitute a solution to the whole

problem. It is impossible to ensure public order, to

protect

it

from

gross

violations,

without

simultaneously protecting the individual from

hooliganism, and vice versa - protecting the individual

from hooliganism presupposes the protection of public

order from gross violations. There is no "priority"

general or individual. There is unity, "equality", a

balanced relationship between levels. It means

"balanced system".

Investigating the ratio of protection of the individual

from hooliganism (respectively, ensuring its safety)

and public order, we present them as a kind of tools

that allow us to influence social relations in order to

achieve our goals. If the protection of the individual

from hooliganism is ensured and, in this sense, the

safety of citizens is ensured, then there is a proper

public order, therefore, it is reliably protected, and if

the rules of behavior in society are deliberately

neglected by hooligans and this becomes massive,

then relations are violated. related to the protection of

the individual from hooliganism, the safety of citizens

is not ensured. Therefore, we can say that the security

of a person, as a result of a “calm” state of public order,

is together with it in an objective relationship [3]. As a

matter of fact, external and internal relations that

ensure public order and protection of the individual at

the individual level are designated by the Criminal Code

of the Republic of Uzbekistan, in Art. 277 which

provides for various penalties for deliberate disregard

for the rules of conduct in society, associated with

beatings, causing minor bodily harm, or destroying or

damaging someone else's property. In this case,

speaking about the protection of the individual from

hooliganism, the protection of public order, other

people's property, we emphasize the proximity of

these values, which allows us to establish the

boundaries of protected social relations, defined by

Art. 277 of the Criminal Code of the Republic of

Uzbekistan. The law in this case guarantees both the

protection of the individual and the protection of

public order.

Ensuring the absolute security of the individual is

practically impossible. M.M. writes in a peculiar way

about this. M. Babaev in the preface to the book by V.A.

Pleshakova [4]: “From birth to death, we are all

constantly and invariably threatened by something.

These dangers are so different that it is sometimes

impossible to compare them with each other: from the

smallest threats to our health, easily overcome with an

umbrella or warm clothes, to cataclysms that claim the

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lives of tens of thousands of people and destroy entire

cities. At the same time, however,

M. Babaev calls to focus on such a danger for people as

crime. In this regard, he writes about national security,

about the most serious threats to society and its

institutions, and finally, about the need to protect the

individual from criminal attacks. It is this problem that

M. Babaev brings to the fore, because the problem

concerns ensuring human security.

The problem, in our opinion, is presented correctly. It

is considered not only as legal, but also social, and puts

forward such a concept as preventive protection. Here,

a connection is established both with the prevention of

criminal behavior and with the prevention of victim

behavior.

Preventive protection of the individual from criminal

encroachments replaces the repressive task with the

preventive task. Its main goal is precisely prevention.

In a society where they want to prevent a crime rather

than punish for it, rather to protect a person from

encroachment on him than to take revenge on the

criminal, the main thing will always be not repression,

but prevention. Accordingly, it is precisely this that

should be built as a whole system of preventive

protection

of

the

individual

from

criminal

encroachments.

The prevention of criminal and victim behavior is a

unity that was lacking in the traditional concept of

social crime prevention. In the new system, one should

see “on an equal footing” preventing people leading

an antisocial lifestyle from becoming involved in a

criminal path, and preventing victim behavior on the

part of those who may become a victim of a crime.

Whatever we think about disputes on this issue, they

still testify to the relevance and viability of such a topic

as the preventive protection of the individual from

criminal encroachments.

The laws of the Republic of Uzbekistan protect a

person from criminal encroachments, however, crimes

are still committed. A.M. Yakovlev writes: "The

simplest explanation for why people do not commit

crimes is that it is not beneficial for them, or the state

and society take all measures so that crimes are not

committed" [5]. At one time, L.V. Frank noted that it is

not profitable for people to become victims of crimes,

therefore, apparently, they try not to be them, and

then, like A.M. Yakovlev, pointed out that the state and

society are doing everything to protect a person from

crime [6]. Of course, the fate of each person is in his

own hands. With regard to criminals, it can be said that

people do not have the right to commit crimes, and

with respect to victims of crimes, that they have the

right to demand protection from crimes. Obviously,

the state and society must protect both. They have an

obligation to limit the risk of some being punished for

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crimes and the risk of others becoming victims of

crimes. This obligation is the main "element" of the

system for protecting the individual from criminal

encroachments.

In order for the state to successfully protect a person,

his rights and freedoms, it must be a state of the rule

of law. One cannot talk about the prestige of a state if

it cannot protect its citizens. The attitude of the state

towards criminals and their victims is the measure of its

conscience and morality. At the same time, it is

precisely the moral potential of the state that is

assessed.

Violent crimes are mainly committed against a person.

The degree of their public danger is different from

murders to beatings. When evaluating these crimes,

not only their consequences are taken into account,

but also the nature of the violence.

An analysis of the general situation in the country

indicates that in the Republic of Uzbekistan over the

past ten years, the situation in the field of human

protection has been improving from year to year. The

Constitution of the Republic of Uzbekistan (Article 2)

indicates that a person, his rights and freedoms are the

highest value. In accordance with this, Article 2 of the

Criminal Code of the Republic of Uzbekistan, among

the objects of legal protection, put the protection of

the rights and freedoms of man and citizen in the first

place. The personality is protected by a numerous

system of criminal law, and the task of protecting a

person, his rights and freedoms is the main task for

criminal law. It is solved by establishing high sanctions

for crimes against a person.

The crisis of crime, closely related to the general social

crisis in society, the acute criminal situation in the

country in one way or another affects a particular

person. Some crimes infringe on him, others cause him

direct harm, although they encroach on objects of a

more general nature, still others affect the interests of

a person through certain consequences, seemingly

infringing on some general rules, and fourth ones

affect an individual more indirectly. In general, an

accurate and definite allocation of crimes against a

person, his rights and freedoms, legitimate interests, if

we keep in mind the consequences of criminal acts (the

harm caused by them, the damage caused), seems

practically impossible. However, considering the

problem in a sociological context, one can argue as

follows: a person is a member of society, a citizen of

the state, and his interests are also the interests of

society and the state. In other words, human

orientation does not negate the harmony of interests

of the individual and society, citizen and state. There

are many problems here that can be studied both from

a legal and sociological point of view.

The main thing is legal concepts, and therefore, with

regard to the legal aspect, the following should be

borne in mind: an objective criterion for delimiting

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crimes against a person from other acts has developed

on the basis of traditional criminal law research. But

there are also sociological concepts, in accordance

with which the question of the unity of the interests of

the individual and society is raised. Contradictions

between the individual and society must be overcome

without infringement of human rights and freedoms.

One of the forms of resolving these contradictions is

the social prevention of offenses, the system of which

includes legal prevention (including criminal law),

moral, victimological prevention, etc. Hence the

problem of preventive protection of the individual

from criminal encroachments. Conflictology can also

play a certain role in this. Contradictions grow into

conflicts, and conflicts - into crimes [7]. But in any case,

the basis for the protection of the individual is the

corresponding legislative and regulatory framework.

The main thing that is important to emphasize is that

all areas of crime prevention “flow” into the “channel”

of preventive protection. Regardless of how crimes are

prevented, in the end, with the success achieved, the

individual will be safe from them. By preventing victim

behavior, we simultaneously prevent crimes, and by

preventing crimes, at the same time, we protect a

potential victim from encroachment [8]. One can even

raise the question not only about the prevention of

criminal and victim behavior, but also about their

negative consequences (along with others, the

existence of a victim is a consequence of a crime, and a

crime acts as a consequence of victim behavior). In any

case, the problem of protecting the individual is being

solved. However, as already noted, protecting a person

from criminal encroachments by preventing criminal

and victim behavior, we protect society from criminal

acts. The task of preventive protection is thus

expanding; inevitably there is an orientation towards

solving a two-pronged practically significant problem:

not only to protect the individual from crime, but to

prevent its influence on society [9]. Recall once again:

preventive protection does not deny the harmony of

the interests of the individual and society, but at the

same time it takes into account that the individual is

individualized,

and

therefore,

under

any

circumstances, acts as a specific object - a specific

person. Such an object is both those persons on whose

part crimes are prevented (guilty) and those against

whom crimes are directed (victims). But it is always a

specific person.

The constitutional protection of man and citizen, the

protection of the rights and freedoms of the individual,

dignity, life and health are always brought to the fore

[10]. The Constitution of the Republic of Uzbekistan

indicates that it is the person who is the highest value.

In accordance with this, to which we have already paid

attention, the Criminal Code of the Republic of

Uzbekistan, among the objects of legal protection, put

the protection of a person, his protection from criminal

encroachments, in the first place. We also noted that

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the individual is protected by various norms of law, by

an extensive system of sociological institutions.

The law and society protect the individual, protect, on

the one hand, preventing the formation of the

individual on a criminal path, on the other hand,

preventing the victim behavior of the individual; they

are two sides of the same coin. That is why the

protection of the individual as a specific type of activity

stands out especially. In any case, the “edge” of such

protection is aimed at protecting the individual, firstly,

preventing her from becoming on the path of crime,

that is, without bringing the matter to punishment

(which manifests humanity), secondly, by averting

criminal encroachment from it, that is, without

bringing the matter to the point that a person becomes

a victim of a crime. In each of these cases, the social

foundations of crimes are neutralized. Crime is a

phenomenon, therefore, it is necessary to fight the

social basis of this phenomenon, and not its

consequences. Preventive protection is also aimed at

this.

The essence of the problem is that, while protecting a

person from crimes, it is necessary to prevent crimes,

and in this regard, to prevent the development of

manifestations that contribute to criminality. With

such protection, contradictions between the individual

and society are resolved, social conflicts are overcome,

etc. There is a fight against such negative phenomena

as drunkenness and alcoholism, drug addiction, etc.

Control over crime and its consequences is being

strengthened. In order to protect the individual,

economic, socio-political, psychological and other

problems are solved. In general, to increase the

effectiveness of this protection, the necessary living

conditions are created.

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