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THE SUBJECT OF THE OFFENSE OF DISOBEYING A POLICE
OFFICER'S LEGAL DEMANDS: THE REQUIREMENTS
IMPOSED ON IT
Abdullo Nasilloyev
Senior Lecturer at the Department of Administrative Law,
Academy of the Ministry of Internal Affairs of Republic of Uzbekistan
https://orcid.org/0009-0001-8121-508
https://doi.org/10.5281/zenodo.14208190
Abstract:
This article examines the legal aspects of recognizing
individuals who disobey police officers' lawful demands as subjects of
administrative offenses. It highlights the various legal elements required for a
person to be considered an offender, focusing on their responsibility to comply
with the law. The paper further discusses the psychological, situational, and
legal factors influencing a person’s decision to disobey, including the conditions
under which such disobedience can be penalized. By analyzing the legislative
framework and judicial interpretations, the article aims to provide a
comprehensive understanding of the subjectivity and legal consequences of
failing to obey police orders.
Keywords:
Disobedience, Police officer's demand, Legal subject of an
offense, Administrative offense, Law enforcement, Legal responsibility
According to the legislation of the Republic of Uzbekistan, failure to
comply with the legal demands of an internal affairs officer (police officer) is
subject to liability under Article 194 of the Administrative Liability Code of the
Republic of Uzbekistan. The person who commits the violation may be subject to
a fine or administrative detention.
The subject of the violation is the person who fails to comply with the legal
demands.
A person who has reached the age of liability, is of sound mind, and is a
natural person can be the subject of this violation. The following points will be
examined in detail.
Age of Liability:
The age of the person committing the administrative
violation is important when determining liability. According to Article 14 of the
Administrative Liability Code of the Republic of Uzbekistan, the age at which a
person can be held liable for failing to comply with the legal demands of an
internal affairs officer starts at 16 years old. It is important to note that a person
of this age is still considered a minor. Administrative violations committed by
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minors are considered by the regional commissions on children’s affairs, while
cases related to failure to comply with the legal demands of an internal affairs
officer are reviewed by criminal courts.
Mental Competence:
The issue of mental competence is closely linked to
both legal and forensic psychiatry. In legal literature, this concept is defined in
various ways. For example, R. Kabulov and M. Usmonaliyev define mental
competence as “a person’s ability to understand the social danger of their
actions and control their behavior when committing an offense,” while A.K.
Irkahodjaev and U.Sh. Kholikulov emphasize that a person who understands
their socially dangerous actions or inactions and can control their behavior is
considered mentally competent.
These definitions show a similar understanding, where mental
competence refers to a person’s ability to consciously recognize the socially
dangerous nature of their actions at the time of committing the offense and to
control those actions.
Being a Natural Person:
Another important criterion for identifying the
subject of the offense of failing to comply with the legal demands of an internal
affairs officer is that the person must be a natural person. According to Article
16 of the Civil Code of the Republic of Uzbekistan, a natural person refers to the
citizens of Uzbekistan, foreign nationals, and stateless persons.
It is also essential to consider the individual's psychological state at the time of
committing the offense when determining their liability as an offender. This is
because the individual may be experiencing stress or a legitimate feeling of
dissatisfaction with the authorities or other circumstances. Therefore, it is
necessary to account for these factors and investigate the underlying causes of
such states.
References:
1. Article 14 of the Administrative Liability Code of the Republic of Uzbekistan.
Electronic Source. Access Link: https://www.lex.uz/acts/97664.
2. Жиноят ҳуқуқи (Умумий қисм): Дарслик. Р.Кабулов, М.Х.Рустамбоев,
А.А.Отажонов ва бошқ. – Т.: Ўзбекистон Республикаси ИИВ Академияси,
2019. – Б. 108. Усмоналиев М. Жиноят ҳуқуқи (Умумий қисм). – Т; 2010. –Б.
238.
3. Иркаходжаев А.К., Холикулов У.Ш. Жиноятларни квалификация
қилишнинг илмий асослари: Ўқув қўлланма. –Т.: ТДЮИ нашриёти, 2007. –
59 б. –Б.34
4. Article 16 of the Civil Code of the Republic of Uzbekistan. Electronic Source.
Access Link: https://lex.uz/mact/111189
