Volume 04 Issue 01-2024
96
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
04
ISSUE
01
Pages:
96-99
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
ABSTRACT
In this article, in the tenth chapter of the Criminal Code of the Republic of Uzbekistan, the crimes related to "Robbery
of other people's property" are defined, and among these crimes, some considerations are given about the optional
signs of the crime of invasion, which is focused on its nature and social danger, and as a result of these considerations,
it is recommended that the suggestions and recommendations be defined as an aggravating circumstance in the field
of criminal law.
KEYWORDS
Invasion, property, robbery, use of force, threat of use of force, methods of commission, mask, other means of
concealment.
INTRODUCTION
Article 164 of the Civil Code of the Republic of
Uzbekistan states that "Property right refers to the
right of a person to own, use and dispose of his own
property at his own will and for his own interests, as
well as the right to demand the elimination of any
violation of his property ri
ght by whoever”, "Property
is inviolable and protected by law”[1]. As part of the
reforms implemented in our country today, a number
of reforms are being implemented in the field of
judiciary, including in the field of criminal law.
Therefore, the crime with its social danger is expressed
in a socially dangerous action or inaction that seriously
harms people's lives and health, freedom, honor and
dignity of a person, property rights, peace and security
of the country.
METHODS
Therefore, in this article, among the crimes that are
committed today, we include crimes in the field of
economy from Section III of the Criminal Code of the
Republic of Uzbekistan (hereinafter referred to as the
Criminal Code), which is considered high in its social
danger, and its tenth chapter, that is, "Robbery of
other people's property crimes related to "doing" are
Research Article
OBJECTIVE FAULTITIVE SIGNS OF THE CRIME OF VIOLENCE AS A SIGN OF
AGGRAVATING RESPONSIBILITY
Submission Date:
January 19, 2024,
Accepted Date:
January 24, 2024,
Published Date:
January 29, 2024
Crossref doi:
https://doi.org/10.37547/ijlc/Volume04Issue01-17
Narziyev Shaxzodbek Zoyirovich
Teacher Of The Department Of "Crime Prevention Activities" Of The Ministry Of Internal Affairs Of The
Republic Of Uzbekistan
Journal
Website:
https://theusajournals.
com/index.php/ijlc
Copyright:
Original
content from this work
may be used under the
terms of the creative
commons
attributes
4.0 licence.
Volume 04 Issue 01-2024
97
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
04
ISSUE
01
Pages:
96-99
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
listed, these crimes include the acts of articles 164-169
of the Criminal Code[2], among these crimes, invasion
is a serious crime of a person due to its nature and
social danger.
Encroachment is one of the most dangerous crimes
against the property of a stranger, and its commission
is punishable by Article 164 of the Criminal Code. The
social danger of invasion is primarily related to the fact
that as a result of the commission of this crime, there
is a real danger of harming the life or health of the
victims[3].
As a structural element of the crime of aggression, its
object differs from other types of crimes by its
characteristics. When committing it, a person
simultaneously damages another person's property
and property rights, and on the other hand, puts his
health and life at risk, and shows his social danger.
Therefore, the crime of invasion is considered a crime
with two objects, its object is divided into a direct
object and additional direct objects.
In a broad sense, the object of the crime of invasion
includes the property of another person, the right to
property, social relations that ensure the protection of
property and his life or health, and his protection.
Invasion is the objective side of the crime - the external
side of the socially dangerous act, which shows how
the crime was committed. We divide the signs of the
objective side of the crime into two main groups, the
signs of the first group are invariable and specific to
each crime structure, without which there cannot be a
crime structure. The signs of the second group are
optional (additional) and may or may not be part of the
crime. A necessary sign of any crime is an act expressed
in action or inaction (C.C. Art. 14). Other signs of the
objective side were considered optional signs. The first
group also includes, in addition to the socially
dangerous act, the socially dangerous consequence
and the causal connection between the socially
dangerous act and the consequence, which are
characteristic of all material crimes. The second group
includes the signs necessary for the qualification of the
crime: time, place, circumstances, method, situation,
(situational) weapon, means of the crime.
Invasion is the use of force that is dangerous to the life
or health of the person who resisted the possession of
the property, or otherwise, the close relative of the
owner of the property, or otherwise, the person who
resisted the possession of the property, in order to rob
another's property or it is expressed in the act of
threatening to attack with the use of such force[4].
Assault is committed as a result of the use of force that
is dangerous to the life or health of a person, force can
be used in a physical or mental way. Force may be used
simultaneously with the attack by the guilty person at
the time of the attack on the possession of the
property by the guilty person or against the legal
owner of the property and his close relative or other
persons who resisted the possession of the property
after the possession of the property by the guilty
person. The violence used by the person guilty of
aggression against another person is manifested in the
serious damage to life and health.
According to the decision of the Plenum of the
Supreme Court of the Republic of Uzbekistan No. 6
dated April 30, 1999, the use of force that is dangerous
to life means a situation in which its use creates a clear
danger to the life of the victim (for example,
suffocating the victim, keeping his head under water,
etc.). ) is marked as understood.
According to this decision of the Plenum of the
Supreme Court, the use of violence that is dangerous
to health should be understood as actions that cause
Volume 04 Issue 01-2024
98
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
04
ISSUE
01
Pages:
96-99
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
physical injury to the victim that causes health
problems or pose a risk of such physical injury (hitting
the temple, sunburn, etc.)[5].
During the invasion by the guilty person, violence may
be committed in ways that are dangerous for the life or
health of another person. By now, we can see that the
most common method of perpetrating aggression,
which has an objective aspect as a facultative sign, is
wearing a mask on the face or using other methods
that
prevent
identification
(clothing
of
a
representative of the opposite sex). It should be noted
that special preventive measures are being
implemented every year to fight against crime, to
uncover the hot traces of committed crimes and to
provide early prevention, in particular, all regions of
the Republic are equipped with video surveillance and
video-recording devices. Naturally, as the fight against
crime improves, new ways of committing crimes
appear. One of them is that the perpetrator commits
the crime while wearing a mask. Even if the crimes
committed by this method are recorded by means of
video-surveillance, it is difficult to determine the
identity of the criminal, and in most cases it also
ensures that he escapes from responsibility. When a
person commits an invasion while wearing a mask,
although he acts openly, he ensures that his identity
remains hidden from the victim, witnesses of the
incident, as well as from the judicial investigation
authorities[6]. During the commission of the crime of
trespass, in the cases where the guilty person is
assaulted by wearing a mask on his face, the person
who committed the act has the opportunity to act
freely and practically freely, which increases the
possibility of the guilty person to further increase his
aggression against the legal owner of the property
creates and cause serious damage.
In such cases, the victims may lose themselves for
some time due to the sight of masked persons in their
living rooms at night, and fall into states of mental
stress, which in turn may cause serious damage to the
health of the victims. crime gives the opportunity to
identify the perpetrator, victims, witnesses and
witnesses of the crime to remain in its hidden, abstract
form.
This, in turn, completely reduces the possibility of
crime detection by law-enforcement bodies, in case
the crime is not detected, the issue of responsibility for
the guilty persons remains open, and the damage
caused to the health and property of the victims is not
compensated.
It shows that there are gaps in today's legislation of our
country, including in the field of criminal legislation. It
can be seen that cases of invasion by guilty persons
using the method of wearing a mask are of great
importance in the qualification of this crime, and it is
not taken into account in the current criminal
legislation, in the qualification of this facultative act
and in ensuring the inevitability of punishment. Indeed,
the optional features of the objective side of the crime
have their own criminal-legal significance in the
qualification of the act.
If we take into account that the invasion is
fundamentally different from other types of crimes by
its social danger and nature, this type of crimes are not
quickly exposed and at the same time, the issue of the
responsibility of the guilty persons remains open as a
result of the general public's dissatisfaction. If we
consider some foreign countries, in particular, Chapter
VI of the Criminal Code of the Republic of Estonia,
adopted on May 7, 1992, is "Crimes against property",
and Article 141, Part 4, Clause 4.1 of its Article 141,
paragraph 4,1 states that an invasion by a guilty person
“covers the face with a mask or mask if he committed
it by concealing or using another method that prevents
identification of the person” is the item, we can see
Volume 04 Issue 01-2024
99
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
04
ISSUE
01
Pages:
96-99
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
that it is defined as an aggravating circumstance of
responsibility[7]. The optional features of the objective
side of the crime, in particular, the method of
committing the crime, i.e., the crime of assault “if
committed by wearing a mask or using other methods
that prevent identification (clothes of a representative
of the othe
r sex)” to be taken into account when
qualifying the crime as an aggravating circumstance it
is proposed to include in paragraph 4 of part 3 of Article
164 of the current Criminal Code of Republic of
Uzbekistan.
CONCLUSION
In conclusion, it can be said that in our social life, when
the crime of invasion is committed, we know that the
analysis of judicial investigation practice shows that
invasion is committed in almost all cases with the use
of a mask. To make a true assessment from a criminal-
legal point of view of any act committed against the
rights, freedoms, and legal interests of citizens, to
cover all aspects and signs of the act legally and to
regulate it with the current criminal legislation, to
ensure that no actions of guilty persons are ignored,
they to be covered by the law, which serves to quickly
expose crimes, to punish those guilty of crimes, to
reduce the crime of aggression, and to ensure the
rights of citizens.
REFERENCES
1.
Civil Code of the Republic of Uzbekistan.
https://lex.uz/acts/111189. (applied time: 22.12.2023)
2.
Criminal Code of the Republic of Uzbekistan. URL:
25.12.2023. https://www.lex.uz/acts/111453
3.
M.Kh. Rustambaev. Comments on the Criminal
Code. Special part. T-2021. B-382. URL: 25.12.2023
4.
M.Kh. Rustambaev. Comments on the criminal
code. Special part. T-2021. B-382. URL: 25.12.2023
5.
Decision of the Plenum of the Supreme Court of
the Republic of Uzbekistan. 06.04.1999. URL:
25.12.2023 https://lex.uz/docs/1448644
6.
F.F. Abdukadirov. Dissertation "Improving criminal-
legal measures to combat robbery". T-2022 year.B-
146
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Criminal Code of the Republic of Estonia.
07.05.1992.
6
Chapter.
Article
141.
https://www.riigiteataja.ee/akt/184289
URL:15.01.2023
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S. Mkrtchyan. Crime as a social system is an
increased public danger. Vestnik Moskovskogo
universiteta MVD Russia #10. 2008
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F.H. Khudaikulov. The criminal-legal significance of
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in the qualification of the act. Journal of legal
research www.tadykijot.uz. No. 6 of 2017
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B.Kh. Khusanov. Peculiarities of the crime of
invasion as a type of crime of robbery of other
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property.
https://www.doi.org/10.5281/zenodo.7854417
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D.S. Belkova. Vypusknaya qualificatsinnaya rabota
(master's dissertation) on the topic "Razboy:
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qualificatsii"
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P. Bakunov. Responsibility for invasion. Study
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Law of the Republic of Uzbekistan "On Prevention
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