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SMUGGLING AS A THREAT TO PUBLIC SAFETY
Utebayev Salamat Maksetbay ugli
Doctoral student of Karakalpak State University named after Berdakh
e-mail: salamatutebaev232@gmail.com
https://doi.org/10.5281/zenodo.14744421
Annotation:
This article provides a number of information that
substantiates the concept of public danger and the fact that smuggling is a crime
that threatens public safety, and also touches upon the opinions of scientists on
the social danger of this crime. It also highlights the social danger of smuggling
in the life of our state today.
Keywords:
smuggling, crime, public danger, economic smuggling, border,
contraband crime items
Rezyume:
ushbu maqolada ijtimoiy xavflilik tushunchasiga va kontrabanda
jinoyatining jamoat xavfsizligiga tahdid soluvchi jinoyat ekanligini asoslab
beruvchi bir qator ma’lumotlar berilgan bo’lib, bu jinoyatning ijtimoiy xavfi
bo’yicha olimlarning fikrlariga ham toxtalib o’tilgan. Shuningdek, kontrabanda
jinoyatining bugungi kunda davlatimiz hayotidagi ijtimoiy xavfi nimalarda aks
etayotganligi yoritib berilgan.
Kalit soʻzlar:
kontrabanda, jinoyatchilik, ijtimoiy xavflilik, iqtisodiy
kontrabanda, chegara, kontrabanda jinoyati predmetlari
Резюме:
В данной статье приводится ряд сведений, обосновывающих
понятие общественной опасности и то, что преступление контрабанды
является преступлением, угрожающим общественной безопасности, также
затрагиваются мнения ученых о социальной опасности этого
преступления. Также освещено, в чем сегодня отражается социальная
опасность преступления контрабанды в жизни нашего государства.
Ключевые слова:
контрабанда, преступность, общественная
опасность,
экономическая
контрабанда,
граница,
предметы
контрабандной преступности
Any crime is socially dangerous. The main criterion for classifying an act as
a crime, raising it to the level of a criminal act by the legislator, as the antisocial
essence and characteristic of a specific type of act, is precisely social danger. This
is synonymous with the criminal illegality of official signs of crimes. This feature
is also reflected in the dispositions and is the main measure of the presence of a
crime. In this context, as V.S. Prokhorov noted in his time, the content of
smuggling "serves as an indicator of the illegality of the law”[1, 260].
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It should be noted that social danger, as the main socio-legal category,
plays a number of functional roles in criminal legislation, law enforcement
activities, classification of an act as a crime, determination of the type and
amount of sanctions, differentiation and individualization of responsibility, and
exemption from liability on legal grounds.
Emphasizing these considerations, Yu.I. Lyapunov writes: "social danger,
figuratively, is "spread" throughout the structure and content of criminal law
and, playing a key functional role in it, acquires the value of the attributive
characteristics of the events and processes reflected in the law"[2]. According to
him, criminal law social danger encompasses the real possibility of harming a
specific objective, antisocial state of the crime and social relations protected by
law, arising from the generality of its negative characteristics and signs.[2] Such
an understanding of social danger should not be disputed, as it is an integral
characteristic of every criminal act. Social danger determines the specifics of any
type of crime - theft of property, harm to public peace as a result of hooliganism,
and the negative impact of narcotic drugs on human health. Smuggling has
similar characteristics.
This issue is insufficiently covered in specialized literature dedicated to the
analysis of the social danger of smuggling. Scientific sources primarily state that
the social danger of smuggling can cause immense damage to the state's foreign
trade monopoly[3, 292]. According to some studies, the risk of smuggling is
primarily determined by international organized crime and is typically
associated with the illegal trafficking of narcotic drugs, psychotropic substances,
poisonous substances, weapons, ammunition, explosives, etc[4].
The economic aspect of the social danger of smuggling is that it significantly
violates the established foreign trade regime in the state, as well as reduces the
revenue portion of the state budget due to the fact that the relevant individuals
and legal entities do not receive income from customs and other payments made
by them for the transportation of goods, vehicles and other objects across the
customs border.
Therefore, when goods are smuggled, a very large amount of money that
should have been sent to the state budget is lost.
Therefore, customs duties are one of the main sources of formation of the
revenue part of the state budget.
The smuggling of weapons, ammunition, various explosives and explosive
devices poses a threat to public safety as an independent object of protection of
criminal legislation. From a criminological standpoint, the smuggling of such
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weapons and explosives creates an active criminogenic factor in the commission
of other serious crimes. Such crimes as terrorism, armed invasion, robbery,
murder, encroachment on the life of a law enforcement officer, a serviceman or a
person, mass riots, serious bodily harm, and other violent acts create the basis
for this.
In addition, illegal entry of weapons and ammunition into the territory of
the state or the transfer of weapons for transit purposes into the hands of people
with malicious intentions living in the Republic of Uzbekistan can lead to the
death of many people or irreversible deterioration of their health. If illegal
weapons or explosives are captured by anti-state groups, individuals or activists
of religious extremist movements, this situation can cause serious damage not
only to citizens, but also to the state and society, and cause the death of many
people.
From the point of view of determining the specifics of the social danger of
the crime under consideration, the smuggling of narcotic drugs deserves special
attention. Identification and seizure of such objects is one of the most important
tasks of the customs service and border troops.
Trafficking in narcotic drugs poses a serious threat not only to society, but
also undermines one of the highest social values of any state - human health, fills
the illegal drug market and leads to an increase in the number of these
substances, directly contributes to the distribution and consumption of
narcotics, and even leads to the highest profit from the drug trade.
Drug smuggling is linked to an increase in theft, robbery, and embezzlement
committed by individuals accustomed to their use. This objectively destroys the
nation's gene pool and has become a real threat to the national security of the
state and its people, their vital interests.
Drug smuggling is a particularly dangerous source for the health of young
people. This problem has been widely analyzed in the official circles of our state,
and the comments of the deputy mayor of Tashkent D. Rakhimova that "the
number of cases of using synthetic drugs among students in the capital is also
increasing" testify to the fact that drug smuggling has become dangerous in our
country[5].
Currently, the sale of narcotics in pharmacies and medical institutions is
strictly prohibited (with some exceptions). State control of drugs such as instant,
morphine, cocaine, hashish has led to the consumption of other substances -
toxicomagnets. Toxic substances are psychotropic substances, and their
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constant consumption is considered harmful to the human div and leads to
poisoning [6, 239].
The negative impact of drug addiction and psychotropic substances on
human health and mortality has been given special attention in the Republic of
Uzbekistan, and their treatment and implementation are under special control
by the state.
The practice of combating crime shows that smuggling creates a number of
other highly dangerous encroachments. It should be noted that due to the
peculiarities of the objective features of smuggling, it does not resemble other
elements of crimes provided for by the articles of the special part of the current
Criminal Code of the Republic of Uzbekistan. Therefore, in the legal analysis of
this crime, the problem of distinguishing it from any other crimes (except for
crimes of violation of customs legislation) does not arise. However, this is
accompanied by a number of aggressions that create conditions for the
commission of other crimes. In relation to these crimes, smuggling serves as an
active criminogenic factor, which determines another aspect of its social danger
and at the same time increases the level of danger.
The above shows that the range of crimes arising from smuggling is very
broad. However, the social danger of the aggression under consideration has
another characteristic. Some forms of this modern smuggling are increasingly
associated with organized crime structures, including international mafias
operating abroad[7, 65].
Smuggling falls within the framework of criminal forms of organized crime.
This crime, along with gambling, prostitution, the drug trade, and the arms
trade, has become one of the main sources of very high criminal income. In this
regard, smuggling has acquired typical external characteristics of national and
international organized crime. This feature, being a criminological feature of
smuggling, determined another aspect of its increasing level of social security in
the current period.
It is known that a smuggler always receives a certain criminal
(economically and morally unjustified) material benefit as a result of the illegal
movement of goods or other valuable items across the customs border. Through
smuggling, a person has a real opportunity to misappropriate goods or other
valuables, including their redistribution. In addition, smuggling is always
associated with illegal enrichment of the subject by evading payment of
established duties or other customs payments (VAT, excise tax, fees).
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M.P. Karpushin wrote: "The danger of smuggling lies in the fact that by
committing it, especially weak-willed citizens (citizens of instability) will have
the opportunity to enrich themselves at the expense of society - live at the
expense of someone else, earn unrecoverable income"[8, 158-159].
Smuggling is recognized by many countries as one of the most dangerous
types of crime. The crime of smuggling is committed in the presence of state
borders. This is evidenced by the fact that smuggling crimes continue to be
committed in developed countries such as the USA, Germany, England, and
France. These states did not set themselves the goal of completely preventing
this type of crime. They focused on achieving a reduction in crime rates.
Therefore, preventing smuggling is a very complex task. It is not enough to
improve the quality of work and technical capabilities of customs authorities
here. In such cases, the use of incentive norms successfully applied by our state
in criminal legislation can yield effective results.
Based on the aforementioned views on the social danger of smuggling and
the need for criminal liability in relation to it, as well as the norms of legislation
on establishing criminal liability for smuggling, it is advisable to present the
following proposal regarding the research work.
It is advisable to include in Part Three of Article 246 of the Criminal Code
the following sentence: "If the crime specified in this article is planned to be
committed with participation, and one or more of the participants voluntarily
inform the authorities about their act and actively contribute to the disclosure of
the crime, and as a result, the crime is prevented, they are released from
punishment."
Since smuggling is a transnational crime, individuals can be united into one
or an organized group or committed in its interests. The purpose of this
proposal is to prevent the planned crime of smuggling, that is, to create an
opportunity for participants to deviate from this path before the crime is
completed. After all, preventing planned smuggling is more useful than
eliminating smuggling.
Therefore, the aforementioned opinions and considerations demonstrate a high
level of smuggling risk and the need for effective aggressive action against it at
the state and international levels. Only a systemic, comprehensive approach to
evaluating the crime under consideration and identifying all its harmful features
is capable and necessary.
References:
1.
The course of Soviet criminal law. Part General. Moscow, 1968. T.1. P. 260.
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2.
Lyapunov Yu.I. Social danger of acts as a universal category of Soviet
criminal law. Moscow, 1989.
3.
The course of Soviet criminal law. T. 3, L. 1973. P. 292.
4.
Bespalko V.G. Evidence in cases of smuggling: Author's abstract. dis cand.
legal Sciences M., 2001
5.
https:\\www.gazeta.uz\uz\2024\11\19\narco
6.
Ikramov L.T. Practical Training in Forensic Chemistry. Electronic textbook.
2005. p. 239.
7.
See: Organized crime - 3. Moscow, 1996. S. 65.
8.
Dyakov S.V., Ignatiev A.A., Karpushin M.P. Responsibility for State Crimes.
Moscow, 1988. S. 158-159.
