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A
BSTRACT
In the article, the concept of compulsory community service defined in Article 451 of the Criminal Code of
the Republic of Uzbekistan, the purpose of this punishment and the grounds for applying this punishment
are mentioned. Also, in this article, in addition to the appointment of mandatory public works, the order of
sitting and sitting places were scientifically analyzed, and the author gave his opinions and comments on
this.
K
EYWORDS
Crime, mandatory community service, punishment, law, criminal responsibility, convict, court, deed,
offender, correction.
I
NTRODUCTION
Currently, a lot of work is being done to liberalize
the penal system of the criminal law of the
Republic of Uzbekistan. In this field, various
normative documents are being developed and
put into practice. One such law is "On
Amendments and Additions
to Certain
Legislations of the Republic of Uzbekistan in
Connection with the Adoption of Additional
Measures to Ensure Guarantees of Reliable
Protection of Citizens' Rights and Freedoms",
adopted by the Legislative Chamber on March 17,
Journal
Website:
http://sciencebring.co
m/index.php/ijasr
Copyright:
Original
content from this work
may be used under the
terms of the creative
commons
attributes
4.0 licence.
Research Article
APPOINTMENT OF COMPULSORY COMMUNITY WORK AND
DETERMINATION OF VENUE
Submission Date:
February 01, 2024,
Accepted Date:
February 06, 2024,
Published Date:
February 11, 2024
Crossref doi:
https://doi.org/10.37547/ijasr-04-02-03
Shukhratjon Jumaevich Khaydarov
Acting Professor of the Department of Criminal Law, Criminology and Anti-corruption of Tashkent State
University of Law, PhD in Law, Uzbekistan
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2017, and approved by the Senate on March 28,
2017. is the law.
In accordance with Clause 4 of Article 3 of this
law, the penalty "Compulsory community
service" was introduced into the criminal code.
Accordingly, Article 451 of the Criminal Code was
added.
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
criminal punishment system arises from them[1].
"Compulsory community service consists of
forcing a prisoner to perform unpaid useful
community service. If the prisoner is working or
studying, compulsory community service is
performed during free time from work or study.
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.
Compulsory community service is appointed for a
period of one hundred and twenty to four
hundred and eighty hours and is performed no
more than four hours a day for six months, and in
the case of circumstances beyond the control of
the convict, no more than four hours a day for a
period of up to one year.
Compulsory community service is not applied to
persons who have reached retirement age,
persons 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 and
persons who do not live permanently in the
Republic of Uzbekistan.
If the convict evades serving the sentence, the
court replaces the unexpired term 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 as equal to one day of restriction of liberty
or deprivation of liberty. The time of evasion of
the sentence shall not be added to the term of the
sentence" [1].
The basis for execution of a sentence in the form
of compulsory community service is a legally
binding judgment of the court.
If the legally binding sentence of the court is the
basis for the execution of the mandatory
community service sentence, the procedure for
its execution is approved by the Cabinet of
Ministers of the Republic of Uzbekistan dated May
8, 2018, No. 346 "Regulation on the organization
of the execution of the sentence in the form of
mandatory community service and approval of
the list of types of mandatory community service"
on" is carried out on the basis of the procedure
established in the regulation "On the procedure
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for organizing the execution of a sentence in the
form of compulsory community service".
According to this statute, Compulsory community
service consists of the compulsory involvement of
a prisoner in performing unpaid useful
community work. If the prisoner has a permanent
place of work or study, compulsory community
service is performed during free time from work
or study.
When this type of punishment is assigned to a
prisoner by the court, its execution is carried out
by the inspection of the execution of punishments
of the internal affairs bodies of the place where
the prisoner lives.
"This type of punishment is considered a
relatively young institution of criminal law, and
until now there are a number of shortcomings in
its interpretation in practice" [2]. One of the
shortcomings of this type is seen in the problems
that arise with the place of permanent or
temporary registration and residence of the
convict in determining the place of serving the
sentence. For example, a prisoner may be
temporarily registered in one area, but
permanently reside in another, and this is what
creates difficulties for the supervising authority
in assigning a place of punishment to the prisoner.
Places (objects) where a convict can serve a
sentence of compulsory community service and
specific types of compulsory community service
are determined by the local executive authorities
and the inspectorate in the area where the convict
lives, according to the above-mentioned
regulation.
We can see that this procedure produces two
different situations. First of all, serving this
sentence in the place of residence of the convict
brings him several conveniences. That is, it
prevents excessive costs and time spent. But we
can also see negative aspects through this. In
practice, there are also cases of allowing
acquaintances of prisoners who have been
sentenced to this type of punishment.
As mentioned above, the convict is attracted to an
organization or div to serve the sentence
through the hiring of the inspectorate.
This employer organization or div must send a
response to the inspection within three days
about the adopted decision. The following should
be taken into account when engaging a prisoner
in compulsory community service:
If the convict has the skills to perform a work
activity that corresponds to the list of types of
compulsory community service, his work skills,
the type of crime committed by the convict, the
convict has work and (or) study - the main work
and (or) study schedule, his aspects such as age
and health status, accessibility of the workplace
to the use of transport.
If the type of punishment in the form of
compulsory community service is imposed on a
minor prisoner, the work they perform should be
within the reach of minors, i.e. they should be able
to do so, and in addition, it should make it possible
for the prisoner to develop useful life skills and
knowledge.
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Currently, there are no unanimous principles on
the issue of applying mandatory community
service to a prisoner. In this place, the Russian
scientist Borodina listed a number of principles in
his scientific works. These are:
1. compulsory community service should be as
effective as any other type of work;
2. must not violate the criminal law in order to
achieve efficiency in compulsory work;
3. public works must be public in nature;
4. public works should not endanger the life and
health of the prisoner;
5. the convict should be given the right to choose
one of the types of work presented under this
sentence [3].
In our view, the fifth principle presented by
Borodina can have a negative effect on the
achievement of the intended purpose of the
punishment.
In practice, cases of evasion of these punishments
occur when persons found guilty of committing
crimes are sentenced to punishments that are not
related to deprivation of liberty. A convict is
considered to be evading serving a sentence in the
form of compulsory community service in the
following cases:
one, the convict does not report to the inspection
at the place of residence within ten days from the
time the sentence of the court comes into force, as
well as hiding in order to avoid serving the
sentence;
secondly, after the convict receives a written
warning, although there are no circumstances
beyond his control, here it should be taken into
account that there may be reasons for such
circumstances beyond his control, such as poor
health, not participating in compulsory
community service more than twice in a month
(here in the year not a calendar month, but a one-
month period from the day of violation of labor
discipline, that is, from the day of non-attendance
of compulsory public works without good reason)
third, after receiving a written warning, violating
the rules of the internal work order of the
organization (div) at the place (facility) of
compulsory public work more than three times
during a month (in this case, the violation of the
rules of the work order is understood as: being
late for work, coming to work drunk; arbitrarily
stopping work; prematurely leaving the place of
punishment during working hours; willful failure
to fulfill approved norms and production tasks;
willful violation of the rules of technical safety
and industrial sanitation; violation of public order
during work and causing material damage to the
organization during the performance of labor
obligations) ;
fourth, the convict's unjustified refusal to start
work within the period specified in the inspection
order;
fifth, not informing the inspectorate about the
change of residence.
In order for the convict not to commit violations
of the above procedure, the inspectorate that
ensures the execution of the sentence warns him
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in writing in accordance with the law about the
consequences of the violation of the order and
conditions of serving the sentence by the convict.
If the
convict refuses to serve the sentence in the form
of compulsory community service, in accordance
with Article 451 of the Criminal Code, if the
convict is a minor, according to Article 821 of the
Criminal Code, the inspectorate that ensures the
execution of the sentence will send a proposal to
the court to replace the compulsory community
service with another type of punishment.
After submission, the Court replaces the
unexpired period of compulsory community
service with a punishment in the form of
restriction of liberty or deprivation of liberty,
calculating four hours of compulsory community
service equal to one day of restriction of liberty or
deprivation of liberty. The time of evading the
sentence of the convict is not added to the time of
the sentence.
In practice, there are cases of people who have
been sentenced to mandatory community service
and are hiding to avoid the punishment. In such
cases, i.e., when the prisoner's whereabouts are
unknown, the inspectorate sends a report to the
court to issue a search warrant against him. The
time during which the convict evades serving the
sentence shall not be added to the term of the
sentence. The search for persons evading the
execution of the sentence is carried out by the
internal affairs bodies according to the judge's
decision.
When introducing this punishment into the
criminal code, the legislator took into account
another aspect, that if the convict loses his ability
to work or reaches retirement age during the
period of serving the sentence of compulsory
community service, as well as if women serving
such a sentence are given pregnancy or maternity
leave during the period of serving the sentence,
according to Article 75 of the Criminal Code is
exempted from passing. Because this punishment
cannot be applied to this category of persons.
As for the terms of serving the sentence in the
form of compulsory community service, the term
of serving this sentence is calculated by the hours
during which the convict spends compulsory
community service, and compulsory community
service is assigned for a period of one hundred
and twenty to four hundred and eighty hours.
Weekends and days when the prisoner is not busy
with studies or main work shall be spent no more
than four hours. The convict's working days and
training days are two hours before or after work
or study, and at the request of the convict, no
more than four hours for six months, and up to
one year in case of circumstances beyond the
convict's control. The time of compulsory
community service performed by the prisoner
should not be less than twelve hours per week.
Compulsory community service is applied to
workable minors in the period from sixty to two
hundred forty hours, unlike adults. The time of
compulsory community service performed by a
juvenile prisoner should not exceed three hours
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on weekends and days when the prisoner is not
busy with studies or main work, and two hours on
weekdays and days of training, but three days a
week. Compulsory community service should be
carried out taking into account that it does not
harm the health and moral development of
minors, and does not disrupt the educational
process.
If we consider the grounds for the organization of
compulsory community service, the basis for the
execution of a sentence in the form of compulsory
community service is the legally binding
judgment of the court. In order to organize the
work performed by the convict, based on the
convict's work schedule at the main place of work
and the work procedure of the organization at the
place of serving the sentence, the responsible
worker of the organization at the place of serving
the sentence will draw up a monthly schedule of
serving the sentence in the form of compulsory
community service and fill out the work report of
the convict.
Although the execution of the sentence of
compulsory community service served by the
convict is related to the labor law, it is not
regulated by the labor law, the labor contract is
not concluded with the convict, and it is not
included in the employee account of the
organization serving the sentence.
If it is not possible to control the amount of work
performed by prisoners, they will not serve their
sentence on weekends and holidays. The next
annual work leave from the main place of work,
educational and creative leave to the convict, as
well as study leave, do not suspend the execution
of the sentence in the form of compulsory
community service. Separately, it should be taken
into account that the time of serving the sentence
in the form of compulsory community service is
not added to the length of service.
In order to organize and carry out compulsory
community service, local executive authorities
shall submit a list of places where convicts can
serve their sentence in the form of compulsory
community service in accordance with the list of
types of compulsory community service,
specifying the types and content of compulsory
community service, to the inspection of
punishment execution on a quarterly basis for
approval. .
At the same time, they ensure the creation of the
necessary conditions for prisoners to serve their
sentence as compulsory community service, and
they involve civil society institutions to exercise
educational influence on prisoners and control
their behavior. Convicts are not allowed to be
involved in activities related to elimination of the
consequences of accidents, natural disasters and
other similar events.
As long as it is not allowed to involve the convicts
in activities related to elimination of the
consequences of accidents, natural disasters and
other similar events, the list of cases in which they
will be involved will be formed by the local
executive bodies. Here we will also touch upon
the types of compulsory public works.
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"So, cities, districts, settlements, recreation areas,
sports and children's playgrounds, historical-
architectural monuments, cemeteries:
Laying and cleaning convict irrigation networks;
cleaning areas, winter cleaning: sweeping or
snow removal, snow removal, moving snow and
ice; summer cleaning: sweeping areas and
collecting garbage; manual cleaning of the
courtyard area: wet sweeping and washing of the
stairs, washing of the windows, sweeping and
washing of the exit to the corridor; assembly of
production areas; repair and construction of
roads, swing bridges and bridges; greening of
areas; carried out tree care, i.e. watering, shaping,
mowing, additional feeding with organic and
mineral fertilizers; works related to power supply
facilities, i.e. construction and use of power
networks; water supply facilities (construction
and use of water pipeline networks); recreation
areas, sports and children's playgrounds,
historical-architectural
monuments,
beautification of cemeteries;
Construction and assembly works:
- construction of playgrounds and sports
facilities, swimming pools, schools, hospitals and
other facilities; Loading and unloading
operations:
- unloading from wagons, cars;
- loading wagons, cars, working in warehouses.
Jobs in the health care system: Jobs for providing
services to buildings and areas of hospitals and
other medical institutions (janitors, sanitary
workers, yard cleaners, gardeners, guards,
technical staff); Jobs in the public education
system: Jobs for providing services to the
buildings and territories of educational
institutions (janitors, yard cleaners, gardeners,
guards, technical staff);
Works in fruit and vegetable bases: Sorting and
placing fruit and vegetable products in
containers, fixing containers, loading, unloading;
Seasonal work in the agro-industrial complex:
Seasonal agricultural work (harvesting fruit and
vegetables, picking cotton, weeding crops,
preparing animal feed, feeding livestock, etc.);
Work on the preparation and transfer of
secondary raw materials: Waste paper, glass
bottles, used tires, secondary polymers,
secondary metal products, etc." [5].
Based on the above, it is necessary to expand the
range of places where mandatory community
service can be served. In addition, it is proposed
to apply this type of punishment to full-time
military servicemen and short-term military
servicemen in accordance with the requirements
of the military regulations.
R
EFERENCES
1.
Universal Declaration of Human Rights.
Human rights. - T.: Justice, 2010.
2.
Criminal Code of the Republic of Uzbekistan
(with amendments and additions until July 1,
2019) Official publication - Ministry of Justice
of the Republic of Uzbekistan. - T.: "Adolat"
legal information center. 2019 - 552 p.
3.
Vetrila E.V. Ponyatie pravovogo statusa
sub'ekta
ugolovno-procsessualnyx
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pravootnosheniy//Gosudarstvo i pravo v XXI
veke. 2015. #2. S. 50-55.
4.
Borodina A.A. realization of principles of
ugolovno-ispolnitelnogo zakonadatelstvo pri
primenenii nakazaniya v vide obyazatelnykh
rabot. Human: prestuplenie i nakazanie. 2009.
#2. S. 81-85.
5.
Resolution No. 346 of May 8, 2018 of the
Cabinet of Ministers
