Volume 03 Issue 06-2023
272
International Journal of Advance Scientific Research
(ISSN
–
2750-1396)
VOLUME
03
ISSUE
06
Pages:
272-275
SJIF
I
MPACT
FACTOR
(2021:
5.478
)
(2022:
5.636
)
(2023:
6.741
)
OCLC
–
1368736135
A
BSTRACT
The issues of intentional bodily harm, which is life-threatening at the time of being committed to his wife
(husband) to his ex-wife (ex-husband), to a person living together on the basis of a fief, or to a person who
has a common child, were explained.
K
EYWORDS
Crime, punishment, family, violence, protection.
I
NTRODUCTION
In the essence of the reforms implemented in our
country, a person and his interests are the
priority, and the role of the family, which has
become an integral part of our life, is
incomparable in achieving the intended goal.
The fight against any evil in the society can be
rooted out only if we start from the family. After
all, according to Article 63 of the Constitution of
the Republic of Uzbekistan, the family is the main
link of society and has the right to be under the
protection of society and the state[1].
Article 26 of the Constitution stipulates that no
one may be subjected to torture, violence, cruel or
other forms of oppression degrading human
dignity.
Also, in order to regulate relations in the field of
combating family violence and protecting women
from all forms of oppression and violence, on
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Research Article
CRIMINAL RESPONSIBILITY FOR DOMESTIC VIOLENCE
Submission Date:
June 20, 2023,
Accepted Date:
June 25, 2023,
Published Date:
June 30, 2023
Crossref doi:
https://doi.org/10.37547/ijasr-03-06-47
Azizakhon Avazxonovna Allanova
Phd In Law, Associate Professor, Criminal Law, Criminology And Anti-Corruption Department, Tashkent
State University Of Law, Uzbekistan
Volume 03 Issue 06-2023
273
International Journal of Advance Scientific Research
(ISSN
–
2750-1396)
VOLUME
03
ISSUE
06
Pages:
272-275
SJIF
I
MPACT
FACTOR
(2021:
5.478
)
(2022:
5.636
)
(2023:
6.741
)
OCLC
–
1368736135
September 2, 2019, the Law of the Republic of
Uzbekistan "On Protection of Women from
Oppression and Violence", April 11, 2023
"Women and Girls and in connection with the
further improvement of the system of reliable
protection of children's rights, freedoms and legal
interests, the Law No.829 was adopted[2].
According to the Law No.561 "On Protection of
Women from Harassment and Violence", violence
is physical, mental, sexual or economic influence
on women or threatening their life, health, is an
illegal action (inaction) that violates sexual
integrity, honor, dignity and other rights and
freedoms protected by law. According to Article 3
of this law, there are the following types of
violence: sexual violence, physical violence,
economic violence and mental violence[3].
On April 11, 2023, the
Law No. 829 “on
amendments and additions to certain legislation
of the Republic of Uzbekistan in connection with
the further improvement of the system of reliable
protection of rights, freedoms and legitimate
interests of women and children”also radically
improved the institutional and legal framework
for reliable protection of rights, freedoms and
legitimate interests of women and children from
harassment, provides the basis for improving the
spiritual and moral environment in families,
improving the place of our country in
international indices related to the rights of
children and women[4].
This law introduced a new article 1261 into the
Criminal Code. According to him, article 1261.
Domestic (domestic) violence:
Preventing the exercise of the right to property,
education, health and (or) Labor committed
against a wife (husband), ex-wife (ex-husband), a
person living together on the basis of a fief, or a
person with a common child, intentionally
injuring their property and personal belongings,
as well as insulting their honor and dignity in a
way that led to the deterioration of the health of
these, also predicts if there are no other signs of
crime,
—
twenty to thirty times the amount of the base
calculation is punishable by a fine or by one
hundred and sixty to three hundred hours of
mandatory public works or correctional work for
up to two years.
Double-crossing a wife (husband), ex-wife (ex-
husband), a person living together on the basis of
a fast or a person with a common child did not
lead to a short-term deterioration in health or a
loss of working capacity for these individuals for
a not very long period of intentional minor injury
to the div, if committed after applying
administrative punishment,
—
twenty to thirty times the amount of the base
calculation is punishable by a fine or by one
hundred and sixty to three hundred hours of
mandatory public works or correctional work for
up to two years.
Intentional bodily injury to a wife (husband), ex-
wife (ex-husband), a person living together on the
basis of a fief, or a person with a common child,
causing a short period of Health, that is, no more
than six days, but no more than twenty-one days,
Volume 03 Issue 06-2023
274
International Journal of Advance Scientific Research
(ISSN
–
2750-1396)
VOLUME
03
ISSUE
06
Pages:
272-275
SJIF
I
MPACT
FACTOR
(2021:
5.478
)
(2022:
5.636
)
(2023:
6.741
)
OCLC
–
1368736135
or a slight loss of general working capacity for a,
—
a fine of thirty to seventy times the amount of the
base calculation is punishable by a fine or
compulsory public works from three hundred to
three hundred and sixty hours, or correctional
work from one to two years, or a restriction of
freedom from one to two years, or imprisonment
from one to two years.
It was not life-threatening at the time of being
committed to a wife (husband), ex-wife (ex-
husband), a person living together on the basis of
a fast or a person with a common child, and did
not have the consequences provided for in part
six of this article, but caused a long period of
Health, that is, a deterioration in,
—
three hundred and sixty to four hundred and
eighty hours are punishable by compulsory public
works or two to three years of correctional work,
or by a restriction of freedom from two to three
years, or imprisonment from two to three years.
Actions provided for in the fourth part of this
article:
a) in relation to two or more persons;
b) in relation to the woman whose pregnancy is
revealed to the culprit;
c) with extreme cruelty;
g) in ulterior motives;
d) at the root of religious prejudices;
e) by a group of individuals;
j) by a repeated, dangerous residentivist, or by a
person who has committed crimes previously
provided for in Sections 97, 104 and (or) 105 of
the code;
z) by the extremely dangerous residivist;
i) if committed using weapons or items that can
be used as cold weapons,
—
three to five years are punishable by restriction of
freedom or imprisonment for three to five years.
If a person living together on the basis of a fief or
having a common child causes severe life-
threatening intentional bodily harm at the time of
being inflicted on his wife (husband), ex-wife (ex-
husband), a person living together or a person
with a common child, loss of vision, speech,
hearing, or failure of any member or complete
loss of,
—
he is punished with imprisonment for five to
seven years.
Actions provided for in part six of this article:
a) in relation to the woman whose pregnancy is
revealed to the culprit;
b) in relation to a minor;
c) with extreme cruelty;
g) in ulterior motives;
d) at the root of religious prejudices;;
e) by a group of individuals;
Volume 03 Issue 06-2023
275
International Journal of Advance Scientific Research
(ISSN
–
2750-1396)
VOLUME
03
ISSUE
06
Pages:
272-275
SJIF
I
MPACT
FACTOR
(2021:
5.478
)
(2022:
5.636
)
(2023:
6.741
)
OCLC
–
1368736135
j) if committed using weapons or items that can
be used as cold weapons,
—
he is punished with
imprisonment from seven to ten years.
Actions provided for in part six of this article:
a) in relation to two or more persons;
b) repeatedly, by a dangerous recidivist, or by a
person who has committed crimes previously
provided for in articles 97 and (or) 104 of this
code;
c) if committed by an extremely dangerous
residivist;
g) if it causes the death of the victim,
—
punishable by imprisonment for ten to twelve
years.
As a conclusion, it should be noted that in the fight
against domestic violence, each person must
never forget that he is responsible, that the honor
dignity of a person is always under the protection
of the law, and where the right granted to him in
the legislation should begin and end. After all,
everyone has the rights to live, to be free and to
personal immunity.
R
EFERENCES
1.
Khudaykulov F. K. THE OBJECTIVE SIDE
OF CRIME AND THE ACTUS REUS
CONCEPT:
COMPARATIVE-LEGAL
ANALYSIS, PROBLEMS AND PROPOSALS
//International Journal of Advance
Scientific Research.
–
2022.
–
Т. 2. –
№. 12.
–
С. 100
-115.
2.
Худайкулов Ф. Х. TIME OF COMMITTING
A CRIME IS NECESSARY SIGN OF
INTENTIONAL KILLING OF NEWLY-BORN
CHILD
COMMITTED
BY
MOTHER:
NATIONAL AND FOREIGN EXPERIENCES
//ЖУРНАЛ
ПРАВОВЫХ
ИССЛЕДОВАНИЙ. –
2022.
–
Т. 7. –
№. 6.
3.
Shamsiddinov, Z. "Issues of the criminal
law in time in the legislation of some
foreign countries: a comparative analysis."
Review of law sciences 1 (2020): 233-239.
4.
Шамсиддинов З. ВОПРОСЫ ДЕЙСТВИЯ
УГОЛОВНОГО ЗАКОНА ВО ВРЕМЕНИ В
ЗАКОНОДАТЕЛЬСТВЕ
НЕКОТОРЫХ
ЗАРУБЕЖНЫХ
СТРАН:
СРАВНИТЕЛЬНЫЙ АНАЛИЗ //Review of
law sciences.
–
2020.
–
Т. 1. –
№.
Спецвыпуск. –
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