Volume 02 Issue 12-2022
27
International Journal of Advance Scientific Research
(ISSN
–
2750-1396)
VOLUME
02
I
SSUE
12
Pages:
27-33
SJIF
I
MPACT
FACTOR
(2021:
5.478
)
(2022:
5.636
)
METADATA
IF
–
7.356
A
BSTRACT
This article provides a legislative analysis of extra-punishment coercive measures applied to minors, their
application and their legal consequences. Information about the types of coercive measures applied to
minors, their importance, role and difference from punishment, as well as information about the work of
bodies applying coercive measures.
K
EYWORDS
A coercive measure, juvenile, crimes, restriction, criminal liability, punishment.
I
NTRODUCTION
To minors can be applied as general provisions on
exemption from liability or punishment provided
for by Art. 64-76 of the Criminal Code, as well as
the specific ones provided for in Art. 87 of the
Criminal Code and regulating exemption from
liability or punishment with the use of coercive
measures of educational influence [1.p. 319.]. In
accordance with part 2 of Article 87 of the
Criminal Code of the Republic of Uzbekistan, a
minor who has committed a less serious crime,
for which punishment is provided in the form of
imprisonment for a period of no more than five
Journal
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Copyright:
Original
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Research Article
TYPES AND PRACTICE OF APPLICATION OF COERCIVE
MEASURES OF EDUCATIONAL INFLUENCE
Submission Date:
December 05, 2022,
Accepted Date:
December 10, 2022,
Published Date:
December 16, 2022
Crossref doi:
https://doi.org/10.37547/ijasr-02-12-04
Ziyoda Yakubovna Turabaeva
Senior Lecturer, Department Of Criminal Law, Criminology And Anti-Corruption, Tashkent State University
Of Law, Uzbekistan
Volume 02 Issue 12-2022
28
International Journal of Advance Scientific Research
(ISSN
–
2750-1396)
VOLUME
02
I
SSUE
12
Pages:
27-33
SJIF
I
MPACT
FACTOR
(2021:
5.478
)
(2022:
5.636
)
METADATA
IF
–
7.356
years, or who has committed a crime repeatedly
that does not pose a great public danger, if there
are grounds provided for in part one of this
article, the court is obliged to discuss the issue of
releasing him from punishment and applying a
coercive measure. The court is also obliged to
discuss the expediency of using coercive
measures instead of punishment in case of a
significant lag in the age development of a minor,
depriving him of the ability to fully realize the
significance of the committed act [2].
I must say that the above list has the properties of
the system. In particular, it is exhaustive and is
not subject to extensive interpretation, and the
mura indicated in it are arranged in sequence
from less strict to more strict. In this regard, the
appointment of a strict coercive measure to a
minor is possible only on condition that the
milder of the methods of influence provided for
by law on a person under the age of 18 will be
ineffective. In each such case, the court's decision
on the application of one or another mura must
necessarily be motivated [3. p. 328-329.].
Compulsory measures of educational influence
are a special type of state coercion applied to
minors who have committed crimes. The system
of compulsory measures of an educational nature
differs significantly from the system of measures
of criminal punishment due to the shift of the
center of gravity towards not punitive, but
educational means [4].
The release of a minor from criminal liability with
the use of coercive measures of educational
influence is not an obligation, but the right of
judicial and investigative bodies. At the same
time, in each specific case, the possibility of
applying coercive measures of educational
influence should be considered by the court, and
in the case of sentencing, it should be justified
why the use of coercive measures of educational
influence is impractical [5. p. 14.].
The Resolution of the Plenum of the Supreme
Court of the Republic of Uzbekistan "On judicial
practice in cases of juvenile crimes" dated
September 15, 2000 No. 21 provides for the
obligation to objectively assess the criminal
actions of minors when passing a sentence, and
discuss the application of articles 72 or 87 of the
Criminal Code to them. It is also established that
when deciding on the sentencing of minors, the
court should discuss, first of all, the possibility of
applying a non-custodial sentence, taking into
account the nature, degree of public danger of the
crime
committed,
personal
data
and
circumstances mitigating and aggravating the
punishment. [6].
Article 88 of the Criminal Code of the Republic of
Uzbekistan establishes the following coercive
measures applied to minors:
the assignment of the obligation to apologize to
the victim in a form determined by the court.
According to article 195 of the Penal Enforcement
Code, an apology to the victim is made by minors
orally or in writing, publicly or individually. The
place, time and procedure for making an apology
are determined by the court. A corresponding
document is drawn up on the execution of a
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(ISSN
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VOLUME
02
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Pages:
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SJIF
I
MPACT
FACTOR
(2021:
5.478
)
(2022:
5.636
)
METADATA
IF
–
7.356
compulsory measure in the form of an obligation
to apologize;
compensation or elimination of the damage
caused by their own means or labor is made by a
minor in accordance with the procedure and
terms established by the court. On the basis of
article 196 of the Penal Enforcement Code on the
execution of a compulsory measure in the form of
imposing an obligation to compensate or
eliminate the damage caused by their own means
or labor, an appropriate document is drawn up;
placement of a minor in a special educational
institution.
The terms and conditions of stay of minors in
special educational institutions are determined
by the legislation of the Republic of Uzbekistan.
According to article 197 of the Penal Enforcement
Code of the Republic of Uzbekistan, minors are
placed in special educational institutions of public
education bodies in accordance with the
procedure established by law. The procedure and
conditions for the stay of minors in educational
institutions, the organization of the educational
process and educational impact are determined
by the Ministry of Public Education of the
Republic of Uzbekistan [7].
The imposition of the obligation to apologize to
the victim in the form determined by the court is
the mildest of the coercive measures provided for
in article 88 of the Criminal Code. This
compulsory measure consists in the recognition
by a minor of his guilt for what he has done,
remorse for the harm caused to the victim and
appealing to him for forgiveness. As a rule, this
compulsory measure is assigned to a minor when
he has committed an act involving moral harm,
violation of public order. Basically, when applying
this measure, no harm is caused to the life, health
or property of the victim.
Paragraph "b" of part 1 of Article 88 of the
Criminal Code of the Republic of Uzbekistan
provides for such a type of coercive measure as
the imposition of an obligation to compensate or
eliminate the damage caused. As we know, the
imposition of the obligation to compensate or
eliminate the damage caused is applied only if the
minor has reached the age of 16. When appointing
the measure in question, the court must establish
the possibility of actual application only to the
person who is guilty of the deed. When applying
this measure, the court carefully analyzes the
property status of the minor, the presence of his
work skills, the desire to compensate or eliminate
the damage caused. At the same time, when
assessing the property status, attention is also
drawn to the presence of independent income for
a person. The establishment of working capacity
is mandatory due to the fact that the obligation to
eliminate the damage caused by their work can in
no case be imposed on an incapacitated person.
For this reason, the court is either obliged to
compensate for the damage caused, or to appoint
other coercive measures.
It should be noted that compensation for the
damage caused is carried out only at the expense
of the minor's own funds or own labor, since it is
not allowed to use funds or assistance of other
persons in compensation for harm.
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SJIF
I
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(2021:
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)
(2022:
5.636
)
METADATA
IF
–
7.356
It should be borne in mind that the imposition of
the obligation to compensate or eliminate the
damage caused is possible only on condition that
the amount of the damage caused does not exceed
10 minimum wages.
In other cases, the damage is compensated in a
civil procedure [8]. Compensation for damage
does not prevent the application to a minor of
other coercive measures provided for in Article
88 of the Criminal Code.
Paragraph "b" of Part 1 of Article 88 of the
Criminal Code provides for the strictest
compulsory measure
–
the placement of a minor
in a specialized educational institution,
associated with significant restrictions on the
freedom of communication of minors, the
establishment of special requirements of the
regime, study, organization of work or treatment.
The use of ee is permissible only on the condition
that it is impossible to educate a person under the
age of 18 by assigning other measures to him,
which must necessarily be motivated in the
sentence with an indication of the specific
circumstances of the case. The appointment is
justified in relation to the guilty, out of control of
the parents, or persons replacing them, or
persons who should be isolated from the negative
influence on them of the environment in which
they were constantly [9. p.329-331].
At the same time, when choosing coercive
measures for a minor, the following rules should
also be taken into account. So, article 17 of the
Beijing Rules establishes guidelines for
adjudication and the selection of measures of
influence. When choosing measures of influence,
the competent authority should be guided by the
following principles:
a) the measures of influence should always be
commensurate not only with the circumstances
and severity of the offense, but also with the
situation and needs of the minor, as well as with
the needs of society;
b) decisions on the restriction of a minor's
personal freedom should be made only after
careful consideration of the issue and the
restriction should be minimized as much as
possible;
c) a minor offender should not be deprived of his
personal liberty unless he is found guilty of
committing a serious act of violence against
another person or of repeatedly committing other
serious offenses, as well as in the absence of
another appropriate measure of influence;
d) when considering the case of a minor, the
question of his or her well-being should serve as
a determining factor [10].
It should be particularly noted that when deciding
on the release of a minor from criminal liability
and the use of coercive measures of educational
retribution, not only the objective and subjective
circumstances characterizing the criminal act and
the personality of the minor are taken into
account, but also the conditions of his life and
upbringing, behavior before and after the
commission of the crime and a number of other
circumstances that may indicate the possibility of
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)
(2022:
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)
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IF
–
7.356
achieving goals of correction without criminal
prosecution [11. p. 15.].
Resolution of the President of the Republic of
Uzbekistan dated May 14, 2018 No. PP-3723 "On
measures to radically improve the system of
criminal and criminal procedure legislation"
provides for the creation of an effective system of
criminal and criminal procedure legislation [12].
To implement the tasks set, a draft Law of the
Republic of Uzbekistan "On approval of the
Criminal Code of the Republic of Uzbekistan" was
developed. Along with the coercive measures
enshrined in the current Criminal Code of the
Republic of Uzbekistan, it is also proposed to
increase the list of these measures and introduce
a number of new provisions in the articles
regulating the use of coercive measures. The
concept of the Criminal Code provides for the
expansion of the application of the transfer of
materials
for
consideration
by
the
interdepartmental commission to the categories
of crimes in part 1 of Article 87 of the Criminal
Code, i.e.. it is proposed to release minors from
responsibility with the transfer of materials for
consideration
by
the
interdepartmental
commission on juvenile affairs, who for the first
time committed a crime that does not pose a great
public danger and a less serious crime.
Article 88 of the Criminal Code has been
supplemented with new coercive measures, such
as:
4) the obligation to regularly attend an
educational institution;
5) participation in certain rehabilitation and
counseling programs;
6) do not visit certain places;
7) do not communicate with certain persons.
The following new parts are also provided in this
article:
At the same time, one of the coercive measures
provided for in this article can be applied, or
several can be applied.
The term of compulsory measures applied to
minors should not exceed one year. With the
exception of placement of a minor in a specialized
educational institution.
Based on the above, I would like to emphasize
that these additions to the list of coercive
measures are educational in nature. In other
words, these measures do not have the qualities
of criminal punishment, they also do not carry
punishment for what they have done [13].
Coercive measures are designed to bring to the
consciousness of a minor a negative assessment
of his behavior.
If a minor evades the execution of a compulsory
measure imposed by a court verdict in the order
of exemption from criminal punishment or
instead of it according to Article 87 of the Criminal
Code, a more severe compulsory measure or an
appropriate criminal punishment may be applied
to the person. At the same time, the court's ruling
on the imposition of punishment in this case
should be motivated by the impossibility of
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IF
–
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applying other coercive measures from among
those specified in the law [14].
Summing up, it should be noted that coercive
measures are of a dual nature. They can be used
not only for exemption from criminal liability, but
also for exemption from punishment. Thus, in
order to re-educate a minor and prevent him from
committing new crimes, coercive measures act as
an alternative to punishment. It is worth noting
that the use of coercive measures contributes to
the upbringing of a minor who once committed a
criminal act. Coercive measures should serve
human development, finding their place in
society. To this end, when applying coercive
measures, first of all, data on the identity of the
perpetrator and his living conditions are taken
into account. We must not forget that coercive
measures are a special form of State influence
applied to a person who has committed a crime.
Coercive measures are of an individual nature,
their application consists in the legal restriction
of the person who committed the crime, and are
appointed only by the court. Currently, most
foreign countries are characterized by a tendency
to reduce coercive measures, that is, to expand
the grounds for exemption from criminal liability
or punishment of persons who do not need the
actual execution of penalties, with the
replacement of punishment by other measures of
influence. Thus, the use of coercive measures, as
well as the purpose of punishment, pursues the
goal of correcting a minor and preventing him
from committing new crimes. The application of
coercive measures to a minor does not put a
person in the position of a convicted person and
does not entail a criminal record. Also, they
cannot be considered as a punishment.
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