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2750-1396)
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A
BSTRACT
In the article, compulsory community service defined in Article 451 of the Criminal Code of the Republic of
Uzbekistan is one of the types of punishment not related to deprivation of liberty in the penal system. The
article describes the concept of compulsory retribution, its term and the grounds for applying this
punishment. Also, the punishment of compulsory community service in the criminal legislation of foreign
countries was studied and scientifically analyzed, and the author gave his suggestions and conclusions.
K
EYWORDS
Crime, compulsory community service, punishment, law, criminal responsibility, convict, court, deed,
offender, correction.
I
NTRODUCTION
The objective need to comprehensively expand
the use of non-custodial punishments led to the
implementation of the international reform of the
penal system. It is based on a number of
international legal documents, in particular, the
Universal Declaration of Human Rights, the
International Covenant on Civil and Political
Rights, as well as other international documents
on human rights, and the need to humanize the
system of criminal punishments arises from
them[1].
The Minimum Standard Rules for Non-Custodial
Measures adopted by the 18th Congress of the
Journal
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Research Article
THE ROLE OF COMPULSORY COMMUNITY SERVICE
PUNISHMENT IN THE PENAL SYSTEM AND FOREIGN
EXPERIENCE
Submission Date:
August 09, 2023,
Accepted Date:
August 14, 2023,
Published Date:
August 19, 2023
Crossref doi:
https://doi.org/10.37547/ijasr-03-08-06
Shukhratjon Jumaevich Khaydarov
Phd In Law, Acting Professor Of The Department Of Criminal Law, Criminology And Anti- Corruption,
Tashkent State University Of Law, Uzbekistan
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United Nations in 1990 led the world community
to expand the use of alternative punishments and
the widespread introduction of non-custodial
punishments. In addition, they recommended
that law enforcement agencies impose a range of
sanctions, including community service.
If we look at the experience of foreign countries in
this field, only France has introduced unpaid
work for the benefit of society as one of the types
of punishment for criminal offenses. Similarly, in
many foreign countries, as a rule, free community
service is assigned for an act that is subject to
criminal liability and does not cause a great social
danger, without stopping the convict from his
main work or studies [2].
If the convict does not pose a threat to society,
then the goals of punishment can be achieved
without separating him from the previous social
environment. It appears that in this case an
immediate sentence without the element of
isolation would often be more appropriate when
sentencing him.
Therefore, the mechanisms introduced in
developed countries regarding the liberalization
and democratization of the judicial system in our
country have been put into practice. An example
of this is that the courts are recognized as an
independent branch of government, they are
specialized,
the
terms
of
preliminary
investigation and preventive measures in the
form of imprisonment have been shortened, the
introduction of conciliation proceedings and
appeals, the authority to apply precautionary
measures of detention, amnesty acts has been
transferred to the courts, death and property the
abolition of confiscation penalties and other
liberalizing measures are numerous.
In this regard, the Decree of the President of the
Republic of Uzbekistan, adopted on October 21,
2016, "On measures to further reform the judicial
system and strengthen the guarantees of reliable
protection of the rights and freedoms of citizens",
opens a completely new era in the process of
reforms in the field of criminal law and ensuring
legality. started [3].
The noteworthy aspect of this Decree is that
increasing the effectiveness of alternative
punishments is the focus of our government
today. In our opinion, the penalization of new
alternative punishments to the norms of
responsibility for crimes in the economic sphere
is the core of the reforms being implemented in
this regard. Because their penalization is
determined by:
first, the widespread use of alternative
punishments serves as a basic criterion for
ensuring human rights in criminal law;
secondly, alternative punishments are an
important component of the liberalization of
criminal law with a focus on substance;
thirdly, the use of alternative punishments allows
moral correction without separating the person
from society;
fourth, it is also desirable for the state to use
alternative punishments. Because from the
economic point of view, it provides an
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opportunity to save budget funds, and from the
social point of view, it greatly helps to prevent the
negative impact of the conditions in prison
institutions;
fifthly, the widespread introduction of alternative
punishments in our national legislation is
consistent with the generally recognized rules
and principles of international law, and in turn,
serves to ensure the coordination of national
policy with international legal policy.
It is known that compulsory community service is
a type of punishment expressed in the
involvement of the prisoner in performing free
community service when he is free from his main
work and studies. Community service may be
imposed by the court on persons over 16 years of
age, as a punishment for the crime of
imprisonment, if the court is satisfied that the
person of the convicted person is suitable for this
punishment.
It can be said that it was appropriate to include
the penalty of "compulsory community service" in
Article 451 of the Criminal Code of the Republic of
Uzbekistan [4]. This, in turn, further expands the
possibility of applying non-custodial alternative
punishments in court.
Looking back at the history of this form of
punishment, community service was first
introduced as an alternative punishment in
England and Wales in 1975. Its purpose is crime
prevention and resocialization of the guilty and
for non-profit organizations, associations,
churches
which consisted in the moral correction of the
convict by involving him in helping by performing
various kinds of socially useful activities.
Even now, life itself proves that it is inappropriate
to exaggerate the importance of punishments
associated with the separation of citizens from
society in preventing crime. The effectiveness of
crime prevention and combating it depends not
on the severity and brutality of the punishment,
but first of all, on how well the person who broke
the law understands the inevitability of the
punishment.
Compulsory community service is considered a
newly introduced type of punishment in the
criminal law, and this punishment was included
as a criminal punishment in the criminal law
according to the Law of the Republic of
Uzbekistan dated March 29, 2017 No. O'RQ-421.
This punishment is expressed in the mandatory
involvement of persons found guilty of
committing a crime to perform unpaid useful
community work. If the person to whom this
punishment is applied works or gets an education
somewhere, it is ensured that he will serve the
mandatory community service sentence without
being separated from work or study [5].
Places (facilities) where convicts can perform
compulsory community service and the type of
compulsory community service are determined
by the bodies controlling the execution of this
sentence[6].
If the criminal punishment in the form of
compulsory community service does not exceed
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the terms specified in Article 451 of the Criminal
Code, i.e.:
- for the period from one hundred and twenty
hours to four hundred and eighty hours;
- appointed with the condition of execution for no
more than four hours a day for six months.
However, if there are interruptions that are not
related to the convict during the serving of the
sentence, the execution of the sentence will be
carried out for a period of up to one year for no
more than four hours a day.
Mandatory community service cannot be
imposed on certain individuals in society. It is not
allowed to apply a criminal penalty in the form of
compulsory community service to the following
persons:
- those who have reached retirement age;
- those under the age of sixteen;
- pregnant women;
- women with children under the age of three;
- disabled persons of the first and second groups;
- military personnel;
- foreign citizens;
- People who do not live permanently in the
Republic of Uzbekistan.
In practice, there are also cases of evasion of a
person sentenced to mandatory community
service. In these cases, the court replaces the
unexpired term of the sentence with one of the
punishments in the form of restriction of liberty
or deprivation of liberty. In this case, four hours
of compulsory community service is considered
equal to one day of imprisonment or restriction of
liberty. However, the time during which the
convict evades serving the mandatory community
service sentence shall not be added to the term of
the sentence.
At this point, it should be mentioned that in cases
where the convict evades serving the mandatory
community service sentence, one can see the
disproportion in replacing it with punishments of
restriction of liberty and deprivation of liberty,
which are considered to be more severe
punishments. That is, in this case, if the convict
evades serving this sentence, according to our
legislation, four hours of his imprisonment will be
replaced by one day of deprivation of liberty. But
in this case, we believe that there should be a
difference in the replacement of these two
punishments due to the fact that serving the
sentence of deprivation of liberty is relatively
more severe for the convicts. For this reason, it
would be appropriate to change 6 hours of this
sentence to one day of imprisonment in case the
convict evades serving the mandatory community
service sentence.
In addition, it will be necessary to strengthen
control over enforcement of the mandatory
community service sentence. Because in practice,
shortcomings in the implementation of this
punishment are visible. It is known that the
purpose of sentencing is not to humiliate the
prisoner in any sense, but to re-educate him. To
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achieve this goal, the punishment assigned must
have an effect on the prisoner.
As a result of many reforms carried out in our
country, the inclusion of mandatory community
service punishment in the criminal legislation of
our country was one of the great steps in the
liberalization of punishments in the legal system
and in the practical provision of the rights and
freedoms of citizens. The introduction of this type
of punishment into the penal system has a
significant impact not only on citizens, but also on
the economic and social sphere of our country.
As we said above, the punishment of compulsory
community service is expressed in the execution
of various works useful for the society by the
convict in his free time from work and studies,
without being paid for his work. It is clear from
this that the imposition of this type of punishment
is one of the excessive expenses of the state, that
is, if any of the punishments related to
deprivation of liberty is imposed on the prisoner,
a certain amount of funds will be allocated from
the state budget for the execution of this
punishment. Because the execution of the
sentence assigned to each prisoner requires
various costs in terms of food, clothing, and their
storage, and this in itself causes a large amount of
damage to the state budget. Because of this, the
imposition of mandatory community service,
which is considered one of the punishments not
related to deprivation of liberty, does not require
costs for the state, and the performance of useful
work for the society by the prisoner is of
particular importance.
Foreign experience has certainly been widely
used in the introduction of many types of
punishment existing in the legislation of our
country into the penal system. At this point, we
should say that the experience of many developed
foreign countries was widely used in introducing
this type of punishment into our legislation.
We can see that the mandatory community
service sentence is applied differently in different
countries. From the CIS countries, Armenia
(Article 54 of the Civil Code), Republic of Belarus
(Article 49 of the Civil Code), Georgia (Article 44
of the Civil Code), Latvia (Article 40 of the Civil
Code), Lithuania (Article 46 of the Civil Code),
Moldova (Article 67 of the Civil Code) , the
criminal laws of Azerbaijan (Article 47 of the
Criminal Code), the Russian Federation (Article
49 of the Criminal Code), Ukraine (Article 56 of
the Criminal Code), Kyrgyzstan (Article 61 of the
Criminal Code) and Kazakhstan (Article 42 of the
Criminal Code) provide for this type of
punishment. and they are named differently. For
example, it is called public work in Armenia, the
Republic of Belarus, Azerbaijan, Ukraine,
Kyrgyzstan, Kazakhstan, socially useful work in
Georgia, unpaid work for the benefit of society in
Moldova, forced labor in Latvia, the Russian
Federation, Tajikistan, and public work in
Lithuania.
Although different districts are named, they are
essentially the same type of punishment and
differ only in the term of punishment and some
conditions of appointment.
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Below, we will focus on the application of this
type of punishment in these foreign countries and
the similar and different aspects in the legislation
of our country.
In particular, in Article 49 of the Criminal Code of
the Russian State, unlike the legislation of our
country, this type of punishment is called "forced
labor" [7]. According to this article:
"Compulsory labor consists of the convict doing
free socially useful work in his spare time from his
main job or studies. The type of forced labor and
the facilities where it is carried out are
determined by the local state authorities in
agreement with the penal inspectorates.
Compulsory labor is defined for the period from
sixty to four hundred and eighty hours and is
assigned for a period of no more than four hours
per day.
In the case of a prisoner's willful refusal to
perform compulsory works, they shall be
replaced by compulsory labor or deprivation of
liberty. In this case, the time spent by the prisoner
in forced labor is taken into account when
determining the term of forced labor or eight
hours of forced labor, one day of forced labor or
one day of deprivation of liberty. Disabled people
of the first group, pregnant women, women with
children under the age of three, those who have
completed military service and contract
servicemen are not involved in forced labor.
As mentioned above, in the criminal code of
Armenia, one of the CIS countries, we can see that
this punishment is called "public works" [8]. In
particular, according to Article 54 of this Code:
"Community work consists of performing unpaid
work for the benefit of society, determined by an
authorized div or a local government div, in
free time from the convict's main work or studies.
Public works are set for a period of two hundred
seventy to two thousand two hundred hours.
Public works are appointed within twenty days
from the date of the decision on the execution of
the sentence.
When considering the case, the court takes into
account the level of danger of the crime
committed by the convict for the society, its
essence, the identity of the convict, whether there
is a claim for compensation for the damage
caused or not.
Public works are not assigned to persons who
have been declared disabled of the first or second
group, persons who have not reached the age of
sixteen at the time of sentencing, persons of
retirement age, pregnant women, and military
servicemen.
In the case of the convict's willful refusal to
perform community service, the court may
replace three hours of the community service
sentence with one day of imprisonment and
deprivation of liberty.
We can see the similarities of this punishment in
the criminal legislation of the Republic of
Armenia with the punishment of "Compulsory
community service" in the criminal legislation of
the Republic of Uzbekistan in the following:
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Community service is provided to persons who
have been recognized as disabled persons of the
first or second group, persons who have not
reached the age of sixteen at the time of
sentencing, persons of retirement age, who
perform unpaid work for the benefit of society
determined by the competent div or local
government div during the free time from the
convict's main work or studies. we can see in the
cases of non-appointment to pregnant women
and military servicemen.
The differences are the terms of the punishment,
i.e., it is appointed for a relatively longer period in
Armenian law, and after the decision to execute
the punishment, it is carried out within twenty
days instead of ten days, as in our law. appears in
terms of replacement.
In the Criminal Code of the Republic of Belarus,
this type of punishment is called "public works"
[9]. According to Article 49 of the Criminal Code:
"Community service consists of free labor
performed by a convict for the benefit of society,
the type of which is determined by the bodies
responsible for the use of public service."
Public works are set for a period of sixty to three
hundred and sixty hours. Community work is
assigned to convicts who are studying or have a
permanent job for a period of no more than four
hours a day during their free time from studies or
main work. Convicts who do not have education
and do not have a permanent job can be
appointed with their consent for a period of more
than four hours, but not more than eight hours a
day.
Public works cannot be assigned to:
1) persons under the age of sixteen;
2) persons who have reached the general
retirement age;
3) pregnant women;
4) persons on parental leave;
5) Group I and II disabled persons;
6) military personnel;
7) non-resident foreign citizens and stateless
persons;
8) persons suffering from an active form of
tuberculosis.
If during the period of community service by a
person, the circumstances provided for in Clause
4 of this article occur, the court shall release the
person from further serving the sentence upon
submission of the div charged with the
execution of the sentence.
In the event that the convict deliberately evades
serving the sentence in the form of community
service, the court may replace the community
service with imprisonment or restriction of
freedom at the request of the div responsible for
the execution of the sentence. Twelve hours of
community service is equivalent to one day of
imprisonment. In this case, the time of evasion of
serving the sentence in the form of public works
is not included in the term of serving the sentence.
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We can see the similarities of this punishment in
the criminal legislation of the Republic of Belarus
with the punishment in our legislation, mainly in
the uniformity of the subjects of the imposition
and control of this punishment, and in addition, in
the cases where this type of punishment is not
imposed on exactly which persons.
The difference is that this type of punishment is
assigned for a shorter period than in our
legislation, if the convict does not have a place to
study or work, it can be assigned for a period of
more than four hours but not more than eight
hours a day with his consent, and in the types of
punishment that can be assigned instead of this
punishment in case the convict evades serving the
sentence it seems
In the legislation of another CIS country, Georgia,
unlike other countries, this type of punishment is
called "socially useful labor"[10]. According to
Article 44 of the Criminal Code of Georgia:
"Community service is the unpaid work of a
convict, the types of which are determined by the
probation office. Socially useful labor is assigned
for a period of forty to eight hundred hours. If the
fine is replaced by community service, or in the
cases provided for in the third part of Article 73
of the Criminal Code of Georgia, or if a procedural
agreement is concluded between the parties, it
can be assigned for a longer period. The duration
of such work should not exceed eight hours a day.
If the convict refuses to perform socially useful
work or deliberately evades it, this type of
punishment is replaced by a fine, restriction of
liberty or imprisonment. At the same time, taking
into account the time the prisoner has served this
sentence, the period of restriction of liberty or
deprivation of liberty is calculated according to
the following calculations: five hours of socially
useful work is equal to one day of deprivation of
liberty.
Persons with disabilities of the first and second
group, pregnant women, women with children
under seven years of age, persons of retirement
age, as well as military personnel undergoing
military service are not assigned to socially useful
work.
Community service can be defined as an
additional type of punishment, if this is not
provided for by the law. We can see the following
similarities and differences in the appointment of
this punishment under the legislation of Georgia
with the legislation of our country:
The type of bodies that impose and control this
punishment, the composition of entities that
cannot be assigned this type of punishment, and
cases where the convict will be replaced by the
punishments of restriction of liberty or
deprivation of liberty, as in our legislation, can be
taken as aspects similar to the legislation of our
country.
The differences between this type of punishment
and the legislation of our country can be seen first
of all in its name, the terms of its appointment and
the fact that this punishment can be imposed not
only as the main punishment but also as an
additional punishment according to the
legislation of Georgia.
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In the state of Moldova, this type of punishment
differs from other countries and is called "unpaid
labor for the benefit of society" [11]. According to
Article 67 of the Criminal Code of the State:
"Unpaid labor for the benefit of society consists of
involving the convict in the work specified by the
local state authorities during his free time from
the main job or study.
In the case of long-term military servicemen and
short-term military servicemen, unpaid work for
the benefit of the community will consist of
engaging prisoners in the specified work in their
free time in accordance with the requirements of
military regulations.
Unpaid work for the benefit of society is assigned
for a period of 60 to 240 hours and 2 to 4 hours
per day, but in the case of a prisoner who is not
engaged in the main activity or study, at his
request or with his consent - up to 8 hours per
day. After the decision of the court, the presiding
officer of the court session explains the nature of
the punishment in the form of unpaid work for the
benefit of society, which is recorded in the
minutes of the court session.
A person sentenced to unpaid work for the benefit
of the community must appear at the probation
authority at the place of residence within five
days after the sentence enters into force.
If the convict has deliberately avoided unpaid
work for the benefit of society, this punishment
shall be replaced by deprivation of liberty in the
amount of 1 day of deprivation of liberty for 4
hours of unpaid labor for the benefit of society,
and in this case the term of deprivation of liberty
may be imposed for a period of less than three
months.
Unpaid work for the benefit of society cannot be
applied to contract military personnel and
persons under 16 years of age. Unpaid work for
the benefit of society shall be carried out within a
period of no more than 18 months from the date
of entry into force of the court decision.
Long-term
servicemen
and
short-term
servicemen sentenced to unpaid work for the
benefit of society will serve this sentence in a
military unit.
We can mention that in the state of Moldova this
type of punishment is unpaid work for the benefit
of society, and it is similar to the legislation of our
country in terms of the type of bodies controlling
its appointment and execution.
We will also consider the different aspects of this
punishment. The main differences are the
composition of the subjects to which it can be
assigned, i.e., the possibility that under the
Moldovan law conscripts and short-term
conscripts may also be subject to this
punishment, as well as the terms of its
appointment.
In the criminal legislation of the Republic of
Azerbaijan, this type of punishment is called
"public affairs" [12] and Article 47 of the Criminal
Code mentions it. According to him: "Community
work consists of free socially useful work
performed by the convict in his spare time from
his main work or studies.
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Public works are defined for the period from two
hundred forty to four hundred eighty hours and
more than four hours a day.
It is mandatory to establish electronic control
over persons sentenced to public service by the
court in public service places and to keep them in
working order.
If the person sentenced to this punishment
deliberately refuses to perform these tasks, the
court can replace the unspent part of the
community service with a punishment in the form
of restriction of freedom for a certain period or
deprivation of freedom. In this case, the period of
the convict's community service is taken into
account and is calculated by the amount of one
day of deprivation of liberty for every four hours
of unfulfilled community service or one day of
deprivation of liberty for eight hours of
community service. Public works are not assigned
to:
-
persons recognized as disabled persons of the
first or second degree group;
-
pregnant women;
-
women with children under the age of three in
their care, as well as men raising a child under
the age of three alone;
-
women and men who have reached
retirement age;
-
military personnel".
It can be seen from the above that the application
of this punishment in the Republic of Azerbaijan
has some similarities and differences compared
to the legislation of our country. We will be able
to find similar aspects in the entities that carry
out this punishment and its control, as well as in
cases where this punishment cannot be imposed
against exactly which persons.
As for the different aspects, there are differences
in the establishment of electronic control over the
persons sentenced to public service by the court
in public service places and the terms of its
appointment, as well as the procedure for
replacing it with a more severe punishment in
case of evasion of the sentence.
This type of punishment is seen in the example of
the Kyrgyz Republic [13], according to Article 61
of the Criminal Code of this country:
"Community work consists of free labor for the
benefit of the community during the convict's
spare time from the main work or studies, and its
specific type is determined by the local
authorities together with the probation
authorities in accordance with the criminal-
executive code. Community work is set from forty
to three hundred hours. Prisoners are assigned no
more than four hours a day, and non-working
persons no more than eight hours a day in their
free time from work and study.
Punishment in the form of community service is
assigned taking into account the prisoner's
health, profession, qualifications, and level of
education.
Public works are not assigned to military
personnel, disabled persons of I and II groups,
pregnant women, women and men on parental
leave, as well as persons who have reached
retirement age.
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SJIF
I
MPACT
FACTOR
(2021:
5.478
)
(2022:
5.636
)
(2023:
6.741
)
OCLC
–
1368736135
If the convicted person does not come to the
probation authority within ten days after the
sentence enters into force, or refuses to perform
community service, the court, on the
recommendation of the probation authority, shall
impose a fine or deprivation of liberty, restriction
of liberty, correctional work within the terms
stipulated in Articles 62, 64, 65, and 67. can be
replaced by At the same time, the term of
correctional work, restriction of liberty or
deprivation of liberty is set for up to one year.
Eight hours of community service shall be
counted as one day of restriction of liberty,
correctional labor or imprisonment. The
provisions of Article 91 of this Code shall be
applied to a convicted person who was found to
be a disabled person of the I or II group after the
court verdict, as well as to a pregnant woman, if
the pregnancy occurred after the specified period.
In the criminal legislation of this country, we can
see aspects similar to the legislation of our
country, in terms of which div this punishment
is assigned and controlled, as well as the scope of
its application, that is, to whom exactly it is
applied or not.
If we talk about the different aspects, we can see
differences mainly in terms of its appointment, as
well as in the way of replacing it with another
heavier punishment if the convict refuses to serve
this type of punishment.
In the criminal code of the Republic of
Kazakhstan, mandatory community service is
also referred to as "community work" [14], and
according to Article 42 of this code: "Community
work is a free social activity that does not require
specific qualifications from the prisoner and is
organized by local executive authorities in public
places. is to do useful work. Community service is
defined for the period from twenty to two
hundred hours for criminal offenses, from two
hundred hours to one thousand two hundred
hours for minor and medium crimes. Public
works are carried out during the time when the
convict is freed from the work duties at the main
place of work or during free time from studies for
a period of no more than four hours a day.
In case of evasion of public works, they shall be
replaced by:
- those convicted of a criminal offense -
imprisonment in the amount of one day of
imprisonment without four hours of community
service;
- for those found guilty of committing a crime - 4
hours of community service is considered equal
to one day of imprisonment or deprivation of
liberty.
The term of community service may be lower
than the lower limit specified in this article when
a lighter punishment than provided for a specific
crime is imposed, when a punishment is imposed
for an uncompleted crime, as well as when the
punishment is replaced.
Involvement in public works pregnant women,
women with young children under the age of
three, men raising young children under the age
of three alone, women aged fifty-eight and older,
men aged sixty-three and older, disabled persons
Volume 03 Issue 08-2023
43
International Journal of Advance Scientific Research
(ISSN
–
2750-1396)
VOLUME
03
ISSUE
08
Pages:
32-45
SJIF
I
MPACT
FACTOR
(2021:
5.478
)
(2022:
5.636
)
(2023:
6.741
)
OCLC
–
1368736135
of the first or second group, military it is not
defined for employees".
As in the criminal legislation of many CIS
countries, in the criminal legislation of the state of
Kazakhstan, the tasks of appointing this type of
punishment and controlling its execution are
carried out by the same bodies as in the
legislation of our country. In addition, we can see
the similarities to the legislation of our country
with the scope of this type of punishment, the
circumstances in which it is imposed and to
whom it is not imposed. We will be able to see the
different aspects in terms of this punishment.
This type of alternative punishment has been
introduced in Sweden since January 1, 1993, and
it is a special form of probation. The guilty person
to whom this sanction is applied must work for
the benefit of society from 40 to 200 hours free of
charge, mainly in the evenings and on weekends.
This sanction is mainly applied to persons aged
18 to 24 years.
In Portugal, community service is used by the
court as an alternative sanction to imprisonment
for non-intentional or less serious crimes. The
number of hours of compulsory work can reach
180 hours. If the prisoner has a permanent job, he
must work 2 hours every day in addition to the 8-
hour working day.
As mentioned above, the introduction of
mandatory community service into the law in
increasing the effectiveness of alternative
punishments has justified itself with many
positive aspects. In addition, it serves to
supplement our criminal law with another
humanitarian norm.
As a similar feature of this type of punishment in
foreign countries, we can see that it mainly works
for the benefit of the society during free time of
the prisoner from his studies and work, and
moreover, the circle of persons to whom this type
of punishment is not applied is almost the same.
The main differences in the application of the
mandatory community service sentence in
foreign countries are the terms of its
appointment, as well as differences in the
replacement of the sentence with other more
severe types of punishment in case of evasion of
the sentence.
In conclusion, based on the analysis of mandatory
community service punishment based on the
legislation of foreign countries, it allows to come
to the following suggestions and conclusions:
First of all, serving of this sentence is carried out
mainly in areas not far from the place of residence
of the convict, and it seems that this factor leads
to familiarity. In addition, there is a shortage of
inspectors supervising the execution of
punishments. As a result, the convict is sent to
some organization to serve his sentence. But in
this organization, the punishment assigned to the
convict is not always carried out as prescribed by
the law. For this reason, in many cases, the main
goal of sentencing the convict is not achieved.
In order to solve this problem, it will be necessary
to re-develop the mechanism of execution of the
mandatory community service sentence. For this,
Volume 03 Issue 08-2023
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International Journal of Advance Scientific Research
(ISSN
–
2750-1396)
VOLUME
03
ISSUE
08
Pages:
32-45
SJIF
I
MPACT
FACTOR
(2021:
5.478
)
(2022:
5.636
)
(2023:
6.741
)
OCLC
–
1368736135
it will be necessary to further improve the
regulation “On the procedure for organizing the
execution of the sentence in the form of
compulsory community service”, approved by the
decision of the Cabinet of Ministers No. 346 dated
May 8, 2018. In the process of improving this
regulation, it would be appropriate to focus on
what circumstances are considered to be beyond
the control of the prisoner. In addition, we believe
that the court should specify the exact place
where the convict will serve this sentence.
Because in practice, it seems that in most cases,
the control bodies assign only the same work, that
is, street cleaning, tree trimming, etc. This does
not take into account the profession and skills of
the convict. For this reason, it would be
appropriate if the court, when sentencing a
convict, examines his personality and determines
where he will serve his sentence.
Secondly, it would be appropriate if a change was
made to replace this type of punishment with
deprivation of liberty and deprivation of liberty in
case the convict evades serving the mandatory
community service sentence. That is, the fifth part
of Article 451 of the Criminal Code reads as
follows:
If the convict evades serving the sentence, the
court replaces the unexpired period of
compulsory
community
service
with
a
punishment in the form of restriction of freedom
or deprivation of liberty, calculating four hours of
compulsory community service equal to one day
of deprivation of liberty or 6 hours of this
punishment to one day of deprivation of liberty.
Due to the fact that serving a sentence in the form
of deprivation of liberty is relatively more severe
than serving a sentence in the form of restriction
of liberty, it is possible to see the disproportion in
replacing them with a sentence in the form of
compulsory community service.
Thirdly, the legislature imposes many restrictions
on persons sentenced to mandatory community
service. However, during the execution of the
sentence,
there
are
no
encouraging
circumstances for the convicts who repented of
their crime and conscientiously approached to
serve the sentence. For this reason, we propose to
add Article 259 to the Criminal Code as follows:
Article 259. Applying incentive measures to
persons sentenced to compulsory community
service.
Persons sentenced to compulsory community
service may be given incentives such as
cancellation or reduction of the remaining part of
the sentence due to their exemplary behavior and
good faith during the serving of the sentence.
Incentives provided for in the first part of this
article may be applied by the court based on the
presentation of the inspectorate supervising the
execution of the sentence or the head of the
institution where the sentence is being executed.
Fourthly, to expand the range of entities to which
the mandatory community service penalty can be
applied. That is, the proposal to apply this type of
punishment to full-time military servicemen and
short-term military servicemen in compliance
with the requirements of the military regulations.
Volume 03 Issue 08-2023
45
International Journal of Advance Scientific Research
(ISSN
–
2750-1396)
VOLUME
03
ISSUE
08
Pages:
32-45
SJIF
I
MPACT
FACTOR
(2021:
5.478
)
(2022:
5.636
)
(2023:
6.741
)
OCLC
–
1368736135
When studying foreign experience, we can see
that according to the legislation of the state of
Moldova, this type of punishment is applied to
military personnel, unlike our legislation, and in
this case, the requirements of the military
regulations are certainly observed.
R
EFERENCES
1.
Universal Declaration of Human Rights.
Human rights. - T.: Justice, 2010.
2.
Copyright Code of France.
3.
https://yurist-
online.org/laws/foreign/criminalcode_fr/_do
c-5-.pdf.
4.
https://lex.uz/docs/3050491
5.
Criminal Code of the Republic of Uzbekistan.
(2021
6.
with changes and additions until April 1) - T.:
"Legal literature publish", 2021.
7.
https://lex.uz/docs/3146366
8.
APPENDIX 1 to the decision of the Cabinet of
Ministers No. 346 dated May 8, 2018,
Regulation on the procedure for the execution
of a sentence in the form of compulsory
community service.
9.
Criminal Code of the Russian Federation"
(04.08.2021)
10.
http://www.consultant.ru/document/cons_d
oc_LAW_10699/b9ab9819ab2d12f2938889c
c08a5baa909989122.
11.
Criminal Code of the Republic of Armenia
https://base.spinform.ru/show_doc.fwx?rgn
=7472
12.
Criminal Code of the Republic of Belarus
https://online.zakon.kz/Document/?doc_id=
30414984
13.
Penal Code of the Republic of Georgia
https://www.studmed.ru/view/ugolovnyy
kodeksgruzii_891bbde96ec.html?page=1
14.
Penal Code of the Republic of Moldova
https://base.spinform.ru/show_doc.fwx?rgn
=3835
15.
Criminal Code of the Republic of Azerbaijan
https://base.spinform.ru/show_doc.fwx?rgn
=2670
16.
Penal Code of the Republic of Kyrgyzstan
http://cbd.minjust.gov.kg/act/view/ru-
ru/112309?cl=ru-ru
17.
Criminal Code of the Republic of Kazakhstan
https://online.zakon.kz/Document/?doc_id=
31575252
