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CRIMINALISTIC SUMMARY OF THE INVESTIGATION OF ECONOMIC
CRIMES COMMITTED BY OFFICIALS
Sattarov Ja'surbek Avazbekovich
Independent researcher of the Academy of law
enforcement of the Republic of Uzbekistan
https://doi.org/10.5281/zenodo.12776075
Crimes and other offenses in the field of Economics pose a serious threat to
market reforms carried out in our country, prevent the formation and
development of private ownership, other types of property relations inherent in
the market economy. Studies of judicial practice have shown that cases of
extortion, abuses committed by officials, bribery, as well as violations of tax
laws, regulatory documents regulating banking activities are not decreasing. In
2023, more than 3.5 thousand officials were criminalized.
The most common type of crime is the appropriation of another's property.
Last year, 3,575 officials were criminally charged. This was an increase of 14.7
percent (459) compared to 2022. This was noted in the press service of the
prosecutor general's office that 3,259 of the officials who were criminally
charged were district (city), 267 were regional and 49 were Republican-level
servants. The number of Republican-wide employees who committed crimes in
2022 was 110. Officials have been accused of committing the following crimes: *
own someone's property-2205; * abuse of career powers-397; * fraud – 272; •
bribery, giving, mediating bribery – 195; * forgery of official documents-36; *
deviation from authority or career authority-25; • a cold look at the career-25; •
other crimes - 415. The abuse of its activities resulted in damage to the state
amounting to Rs 1 billion, 546 crore, of which Rs 84.7 per cent or Rs 1 trillion, 31
billion was levied.
Discussing judicial practice in this category of cases, many of them note that
they are properly resolved by the courts in strict compliance with the laws. At
the same time, in investigative and judicial practice, in the activities of tax
authorities, there are cases of misapplication of the norms of the law,
misinterpretation of their content, insufficient assessment of the social danger of
crimes in the field of Economics. The decision of the plenum of the Supreme
Court of the Republic of Uzbekistan defines the following: The attention of the
courts, law enforcement and tax authorities should be paid to the need to follow
these laws without deviations, taking into account the fact that violation of laws
regulating legal relations in the field of Economics poses a serious threat to
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society, prevents the development of market Relations, Legal entrepreneurial
activity, undermines the prestige of laws among citizens.
In accordance with Article 65 of the Constitution of the Republic of
Uzbekistan, property of different forms forms forms the basis of the country's
economy. The right to property is considered an absolute right, which assumes
the Prohibition of any actions that violate this right. It should be noted that the
situation of veneration of property rights in society should be created, the
occurrence of any encroachments on it should inevitably be subject to
responsibility and punishment. According to the current criminal laws, the
robbery of another's property is the most dangerous of encroachment on
property.
Career duties or, according to contractual relations, the transfer of the
property of the person exercising the legal powers to dispose, manage, deliver or
maintain the property of the owner into his property or the property of another
person illegally for FREE should be described as the appropriation or rastration
of the property of the owner entrusted to the culprit or at his disposal (article
167 The looting of another's property by a person who does not have the legal
powers mentioned above, but has access to the place where the property is
stored due to the performance of the assigned work or service duties, should be
characterized as theft. Embezzlement of foreign property by abuse of career
position, if expressed in the unlawful conversion of foreign property to
ownership of one's own or other persons, shall be qualified by clause "g" of
Section 167 (2) of JK and shall not require further qualification by articles
19211, 205. In this regard, it should be borne in mind that it has not been
established that a person's property was taken with the purpose of illegally
turning it into the property of the culprit for free, but in the presence of other
illegal actions such actions (for example, the deficit of his commodity-material
wealth or his own state of concealment; temporary use of the property ofk.)
cannot be characterized as plunder.
In the presence of sufficient grounds, the indicated actions should be
characterized as abuse of career powers. Explain to the courts that when a
person finds his property guilty of committing a crime of robbery, which is
provided for in different parts of a particular article of the JK, his actions must be
qualified by the part of the relevant article of the JK that provides for greater
liability, and no additional qualification is required by other parts of this article
(for example, In cases of continued looting, the actions of the culprit must be
described taking into account the total amount of looting. If an individual's
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actions consist of several independent episodes, such as burglaries, robberies,
fraud, etc, without having the character of a continuing crime, these actions
cannot be characterized based on the total amount of looting. In such cases, the
crime should be described in accordance with the disposition of the article of the
Criminal Code, which provides for responsibility for the robbery of the property
of the other, including by the sign of repeatability. To explain to the courts that
the subjective right to own, use and dispose of property in accordance with
Article 66 of the Constitution of the Republic of Uzbekistan-applies only to the
owner of this property.
Therefore, any interference with the exercise of a property right without
being based on the law is considered a serious violation of this right. For
example, the actions of officials expressed in the unlawful disposal of the
property of a farmer, another person engaged in entrepreneurial activity, other
legal entities or individuals, if repeated within a year from the moment of the
decision to apply administrative punishment for committing such actions,
provided for by Article 1921 of the Criminal Code — the crime of violating the
right to private property constitutes symptoms. In this place arises the right of
the owner of a property that has been illegally acted on its property to recover
material damage from the culprit, including richly endowed profits, as well as
moral damage.
When there are signs of a crime provided for in the actions of the guilty
person in the second or third parts of the Criminal Code Section 1921, criminal
liability arises regardless of whether a prior administrative penalty is applied to
him.
Attention should be paid to the fact that the scope of officials carrying out
control work is strictly limited by the laws of the Republic of Uzbekistan, the
procedure for checking the activities of legal entities and individuals, regardless
of the form of ownership, is clearly established. The norms of this law are aimed
at eliminating unreasonable interference in the activities of owners, limiting
their freedom. In the law of the Republic of Uzbekistan "on guarantees of
freedom of entrepreneurial activity"there are legal guarantees that protect the
interests of the owner from illegal interference.
Therefore, the courts must express their attitude to the extent that the laws
on this issue are violated. The actions of the guilty in the event that such an
intervention is found to be unfair or of low intent should be characterized by the
relevant articles of the Criminal Code, which provide for the violation of
entrepreneurial activity, illegal interference and crimes aimed at violating the
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rights and legitimate interests of business entities, as well as responsibility for
crimes against management procedures. The court must also explain to the
relevant participant of the proceedings the right to recover from the culprit, for
example, all damages caused by the cessation of production as a result of illegal
interference in his activities.
When considering criminal cases in the field of Economics, courts should
pay special attention to the implementation of laws that strictly define the right
of each citizen to engage in entrepreneurship. An appropriate legal assessment
of the actions of an official who is preventing the implementation of legal
entrepreneurial activity is necessary. Violation of such illegal actions, including
violation of the right to private property, violation of the procedure for checking
and auditing financial and economic activities of business entities, unlawful
suspension of activities or operations on their bank accounts, mandatory
involvement in sponsorship and other events, refusal to issue a special permit
(license) to engage in certain activities or refusal to issue it, k. can be included.
The high risk of such illegal actions will consist in the violation of legal
order in the field of economics, the weakening of the established state discipline
of officials, and these will lead to the use of state power in personal interests, etc.
The recorded actions of the guilty should be characterized, depending on the
circumstances of the case and the consequences arising, by the relevant articles
of Chapter XIII-1 of the Criminal Code (not by Article 205 or 207 of the Criminal
Code), and when unfair goals are identified, these actions should be described as
a masked form of demanding bribery.
According to Article 96 of the Civil Code of the Republic of Uzbekistan,
documents confirming property rights in accordance with the established form
and mandatory requisites will be considered securities and will be able to
implement these rights or give them to other persons only if they provide them.
Securities include bonds, promissory notes, checks, certificates of deposit and
savings, bonds, shares and other documents that are included in securities by
legislation.
The seizure and appropriation of securities for FREE must be described as
the act of looting the property of the other. Such actions should be characterized
as abuse of authority or career authority if there are signs indicated in the
dispositions of Article 19211 or Article 205 of the Criminal Code, having been
found to violate the current laws governing the issuance and handling of
securities on the case. Such violations may include, for example, preventing
citizens and foreign investors from selling stock packages intended for free sale.
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Making or transferring counterfeit money or securities for the purpose of
transfer should be described by Article 176 of the Criminal Code.
Explain to the courts that when concluding an agreement contrary to the
interests of the Republic of Uzbekistan, the actions of the official himself in
advance that the agreement is not beneficial to the interests of the Republic of
Uzbekistan, for example, a clear reduction in the price of product delivery or the
acquisition of products, a clear increase in the prices for transportation of it, ,
actions to conclude a transaction that led to their installation and introduction,
etc.k. it should be understood.
In this regard, it must always be established that as a consequence of the
crime provided for by Article 175 of the Criminal Code, a large or very large
amount of damage was inflicted on the interests of the Republic. The fact that
this damage is in large or very large quantities must be justified by the
investigative div and the court in each specific case.
Among the transactions concluded against the interests of the Republic of
Uzbekistan, for example, the state of sale of state property to other owners at a
much reduced price can be included. The conclusion of the court about the
conclusion of the transaction against the interests of the state can be drawn up
taking into account the opinion of the relevant examination.
When investigating and hearing cases in this category, it is necessary that
the causes and conditions that have allowed the origin of these crimes are
necessarily clarified. If it is found that the culprit of the conclusion of the
recorded transactions was the presence of greed and other low intentions, such
actions should be characterized by the articles of the Criminal Code establishing
responsibility for relevant crimes committed using the position of power or
career.
Extortion (racketeering) is a crime that not only grossly violates the rights
and legitimate interests of citizens, entrepreneurs, but also causes great harm in
the field of economics, so that serious social danger can be shown to the courts.
At the same time, the courts should take into account that, according to the law
(Article 165 of the CEC), extortion entails the transfer of another's property or
property rights, the granting of property interests or the committing of property
actions. Therefore, the demand for debt from the debtor cannot be characterized
by Article 165 of the Criminal Code, but in some cases it must be assessed as
arbitrary (article 229 of the CEC). The requirement of interest for a loan issued
when there is no prior agreement on the payment of interest between the debtor
and the lender constitutes the composition of the crime of extortion.
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When considering cases on false entrepreneurship (Article 179 of the CEC),
it should be taken into account that a person has the goal of obtaining illegal
loans without carrying out activities provided for by the Constituent documents,
exemption from taxes, obtaining other property benefits that he does not have
the right to occupy. The determination of such a goal can be the basis for
characterizing the action of a person by Article 179 of the Criminal Code and a
set of articles providing for responsibility for attempted robbery and tax
evasion, etc.
In this regard, the courts should take into account that the purpose of the
norm of this law is to ensure the reliability of Economic Working Capital, guard
the rules for conducting activities in the market, protect the economic interests
of society, state, citizen, including protect them from property damage in the tax
and credit spheres.
The courts should also follow the decision of the plenum of the Supreme
Court of the Republic of Uzbekistan on March 15, 1996 "on judicial practice in
cases of crimes and other offenses in the field of trade"when considering cases
on crimes in the field of economic activity.
In describing the actions of persons carrying out commercial activities
without excise marks in violation of the law, the courts must be guided by the
fact that according to the tax legislation of the Republic of Uzbekistan excise is a
type of tax, and therefore the guilty must be held liable for a set of crimes under
Articles 184 and 189 of the Criminal Code.
When determining the amount of damage caused by excise trading, it is
necessary not only from the sum of the product actually sold without excise
stamps, but also from the amount of all products without excise stamps on sale,
although these products are not the same, to come.
Explain to the courts that business activities are carried out without state
registration with the receipt of uncontrolled income increase the person is
obliged to apply to the competent state div in accordance with regulatory legal
acts on the registration or restoration or modification of the relevant activities,
but will exist without intentional failure to do so.
In order to find a person guilty by Article 188 of the JC, it must be
established the fact that he carried out entrepreneurial activities without state
registration, having received a huge amount of uncontrollable income.
Let the courts explain that the responsibility for the abuse of power or
career power comes only when there is an appropriate retaliation and a
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consequence in the form of a large amount of harm or serious harm to the rights
and law-protected interests of citizens or to the public or public interests.
Due to the position held by the official, his duties arising from the duties of
the service assigned to him are the powers of the official.
The rights of citizens or serious damage to the interests guarded by law or
the interests of the state or the public can be expressed both in the manner of
material harm, in the manner of richly endowed benefits, as well as in other
harm to various interests, damage the reputation of authorities, hide serious
crimes, etc.
The main manifestations of deviation from the scope of career competence
(article 206 of the CC) are: the occurrence of actions by an official within the
competence of another person; the occurrence of actions that can be committed
by an official only in the presence of special circumstances specified in the law
or in the legislative act; the individual occurrence of an action; actions that no
one and under no circumstances have the right to carry out should be committed
by an official, etc.
The courts are obliged to ensure the application of harsh penalties to
extortionists, extortioners of other property, tax evaders, officials who, by their
actions, seriously harm the state and public interests or the rights and interests
of Citizens, organizers and active participants in criminal groups, who adhere to
the principles of an individual approach to the appointment of punishment. At
the same time, when considering cases in the field of economics, the courts will
have to apply material sanctions, as well as additional penalties in the history of
deprivation of the right to hold a certain position or engage in certain activities.
Let the full recovery of damage to the state and citizens be achieved.
When considering cases in this category, the courts must identify and react to all
the reasons and conditions that have allowed the commission of crimes or other
violations in the field of Economics.
Literature used:
1.https://uznews.uz " posts
2.https://uznews.uz " posts
3.https://www.gazeta.uz " po.
4.https://lex.uz " docs
5. https://sud.uz "2022/07" JIB-obzar-orfo
