Volume 04 Issue 01-2024
57
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
04
ISSUE
01
Pages:
57-63
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
ABSTRACT
In this article, an analysis of the objective and subjective indicators of the corpus delicti leads to the proposal to
exclude excise stamps from the list of objects of crime specified in Article 176 of the Criminal Code. The conclusion is
justified by the need to broaden the scope of the objective aspect of the discussed crime, encompassing socially
perilous activities such as the storage and transportation of counterfeit currency or securities. Considering this
perspective, it is recommended to revise the title and wording of Article 176 of the Criminal Code, addressing the
responsibility for the production and sale of counterfeit currency, excise stamps, or securities in a new edition.
KEYWORDS
Forgery, money, excise stamp, security, foreign currency, manufacture, storage, transportation, sale, individual,
sanity, direct and indirect intent.
INTRODUCTION
Today in Uzbekistan, as in all spheres of public life,
reforms are being carried out in the judicial and legal
domain. The fight against crime and its prevention is
thus one of the crucial directions of state policy, with
comprehensive measures being implemented to
prevent offenses and combat crime.
The lack of timely crime prevention can lead not only
to violations of the rights of individuals and legal
Research Article
SOME ISSUES OF IMPROVING CRIMINAL LEGISLATION PROVIDING FOR
LIABILITY FOR THE PRODUCTION AND SALE OF COUNTERFEIT MONEY,
EXCISE STAMPS OR SECURITIES
Submission Date:
January 13, 2024,
Accepted Date:
January 18, 2024,
Published Date:
January 23, 2024
Crossref doi:
https://doi.org/10.37547/ijlc/Volume04Issue01-11
Murod Urazaliyev
Doctor of Law, Professor of Tashkent State, University of Law, 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
58
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
04
ISSUE
01
Pages:
57-63
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
entities but also to other negative consequences.
Combating crime should be a primary activity of
government agencies, not just the task of law
enforcement agencies.
It is noteworthy that the prevention of any crime,
including the production of counterfeit money, tax
stamps, or securities, holds great importance today.
Article 176 of the Criminal Code of the Republic of
Uzbekistan stipulates liability for the production and
sale of counterfeit money, excise stamps, or securities.
The social danger of manufacturing and selling
counterfeit money or securities lies primarily in the fact
that the commission of these actions leads to an excess
of banknotes or securities, i.e., a violation of the ratio
of money and commodity supply. Banknotes not
backed by goods enter circulation, leading to inflation,
economic instability, and causing damage to the
foundations of the state's economy[1].
The production and sale of counterfeit bank notes,
metal coins, securities of the Republic of Uzbekistan,
or foreign currency or securities in foreign currency
was recognized as a serious crime at all stages of the
development of Uzbekistan. However, this crime
becomes especially dangerous in the context of the
emergence of a market economy, the existence of
“transparent” borders with neighboring countries, an
d
the intensification of business contacts with developed
countries.
Counterfeiting for the purpose of sale or sale of
counterfeit money and securities undermines the
monetary and credit systems of the state, contributes
to the development of inflationary processes and
thereby damages the economy of the entire republic.
Based on this, the generic object of this crime is the
fundamentals of the economy of the Republic of
Uzbekistan. When committing this crime, the exclusive
right of the state to issue banknotes and put them into
circulation is violated, therefore, as a direct object of
the crime provided for in Art. 176 of the Criminal Code,
stands for the monetary and credit system of the
Republic of Uzbekistan, as well as other countries,
since in accordance with the International Convention
“On the Suppression of Counterfeiting of Banknotes”
of April 20, 1929, criminal liability is established for
counterfeiting not only one’s own money, but also the
currencies of other states party to the Convention,
which included Uzbekistan in 1931 In some cases, the
property of individual enterprises, institutions,
organizations or citizens may act as an optional direct
object.
The subject of the crime in question is bank notes
(banknotes) in circulation in the Republic of
Uzbekistan and metal coins of any denomination
issued by the Central Bank of the Republic of
Uzbekistan, excise stamps, government and other
securities in the currency of the Republic of
Uzbekistan, as well as foreign currency or securities in
foreign currency that are in circulation in one country
or another.
Law of the Republic of Uzbekistan “On Currency
Regulation” dated On May 7, 1993, it was established
that the monetary unit of the Republic of Uzbekistan is
the soum[2]. The emission of soums is carried out only
by the Central Bank of the Republic of Uzbekistan. The
subject of counterfeit can be amounts in circulation, as
well as amounts withdrawn from circulation, but
subject to exchange, in the form of bank notes and
metal coins.
Sum
–
is a monetary sign that has a form strictly
defined by law. Banknotes are printed, and metal ones
are minted of a certain size, quality, material, color and
shape of the design of the front and back sides, and
coins are also of a certain weight. Banknotes, along
Volume 04 Issue 01-2024
59
International Journal Of Law And Criminology
(ISSN
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VOLUME
04
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01
Pages:
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SJIF
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705
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(2023:
6.
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)
OCLC
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1121105677
Publisher:
Oscar Publishing Services
Servi
with metal coins, are cash in the Republic of
Uzbekistan, represent an unconditional obligation of
the Central Bank of the Republic of Uzbekistan and are
secured by all its assets. The value of banknotes and
metal coins is established by the state.
Paper money occupies the number of the series
indicated by the letters of the series, individually
assigned to each banknote. However, not all banknote
details are equivalent in meaning. Since a banknote
certifies or, better said, acts on behalf of the state as
an equivalent of a product that replaces gold or
silver[3], the main details of a banknote are the sign of
its state affiliation, the name and designation on the
front and back, in words and figures of the nominal
value (in metal coins, respectively, the coat of arms,
the name of the country and the designation of the
nominal value). The remaining details of the banknote
are additional, making it easier to distinguish one
banknote from another and, in addition, serving as a
means of protecting them from counterfeiting.
An excise stamp
–
is a document with the necessary
details, indicating the payment by legal entities or
individuals of tax on excisable consumer goods
produced in the Republic of Uzbekistan or imported
into the customs territory of the Republic of
Uzbekistan.
Consequently, the excise stamp acts as a documentary
means of control over the production and import of
excisable goods (services). Products of mass
consumption that do not have excise stamps are
considered illegally imported or exported and are
subject to confiscation and subsequent conversion
into state revenue[4].
A security is a document that certifies property rights
in compliance with the established form and required
details, the exercise or transfer of which is possible
only upon presentation. In other words, a security is a
monetary document certifying property rights or a
loan relationship between the person who issued it
and their owner, providing for the payment of income
in the form of dividends or interest and the possibility
of transferring the rights arising from these documents
to other persons. Securities include government
bonds, bills of exchange, checks, deposit and savings
certificates and other documents that are classified as
securities by the securities law or in the manner
prescribed by it.
Foreign currency can be money in the form of paper
notes and metal coins that are in circulation and are
legal tender in a foreign state or group of states, as well
as banknotes withdrawn or withdrawn from
circulation, but subject to exchange.
Securities in foreign currency include payment
documents (checks, bills, letters of credit, etc.), stock
values (stocks, bonds, etc.) and other debt obligations
denominated in foreign currency.
The listed items can be considered as a constructive
sign of a crime under Article 176 of the Criminal Code
only if they are in circulation on the territory of the
Republic of Uzbekistan or used in other states at the
time of their counterfeiting or sale. In this regard,
counterfeiting for the purpose of selling banknotes
that are not currently in circulation (for example,
counterfeit coins minted by Russian tsars, Soviet
rubles, etc., which have only collection value) cannot
be qualified under Article 176 of the Criminal Code,
since their production or sale cannot in any way cause
damage to the functioning monetary and credit system
of the state. Therefore, such actions, in the presence of
all other mandatory signs, must be qualified as fraud
under Article 168 of the Criminal Code.
Volume 04 Issue 01-2024
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(ISSN
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SJIF
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(2021:
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(2023:
6.
584
)
OCLC
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1121105677
Publisher:
Oscar Publishing Services
Servi
The actions of a person engaged in the production,
counterfeiting, or sale of money, clothing lottery
tickets, personal savings books, sales receipts, and
similar documents do not fall within the scope of the
crime under consideration. For instance, when selling a
lottery ticket, government bodies or public
organizations do not undertake specific obligations,
meaning they do not guarantee the buyer a mandatory
refund of the ticket price. Therefore, a lottery ticket
that does not win loses all its value. It's essential to
note that a lottery ticket is not a security; rather, it is a
document granting the right to participate in the
drawing of specific material assets. Counterfeiting and
selling
such
tickets,
given
other
necessary
characteristics, should also be classified as fraud under
Article 168 of the Criminal Code [5].
As stated above, the law also includes excise stamps
among the items of the analyzed crime [6]. It seems
that the inclusion of excise stamps in the disposition of
Article 176 of the Criminal Code and consideration of
them as a subject is erroneous. Excise stamps,
representing special forms of strict reporting, do not
relate to securities and do not act as the equivalent of
money or goods, since they do not have a nominal
value, which is typical for banknotes and securities.
Because of this, they do not take part in money
circulation. Their counterfeiting for the purpose of sale
or sale cannot disrupt social relations that ensure the
normal functioning of the monetary and credit system
of the state. Based on this, it seems logical to exclude
the excise stamp from the disposition of Article 176 of
the Criminal Code as the subject of the crime in
question.
It is generally accepted that official documents are
written acts certifying certain facts, granting rights or
relieving from obligations [7]. The excise stamp is also
an official document. This conclusion is based on the
fact that excise stamps provide their owners with the
right to carry out certain legally significant actions in
the field of trade. Thus, as an official document, the
excise stamp is fully covered by the concepts of
document and form, which are discussed in Article 228
of the Criminal Code, which provides for liability for the
production, forgery of documents, stamps, seals,
forms, their sale or use. Counterfeiting for the purpose
of sale or sale of counterfeit excise stamps encroaches
on public relations in the sphere of the procedure
established by law for the preparation and use of
official documents. Consequently, such actions of the
guilty person, in the presence of other relevant signs,
form a crime under Article 228 of the Criminal Code and
are subject to qualification under this article of the
criminal law. The correctness of this classification of
the crime is confirmed by the judicial practice of some
CIS countries. Thus, due to the fact that the excise
stamp is not the equivalent of banknotes and does not
represent a security, illegal actions related to it are
qualified under the current criminal legislation, for
example, of the Russian Federation in accordance with
Art. 324 of the Criminal Code of the Russian Federation,
which provides for liability for the illegal acquisition or
sale of official documents granting or exempting from
duties, as well as state awards of the Russian
Federation, RSFSR[8].
The objective side of the composition of the socially
dangerous act in question can be expressed in the
manufacture for the purpose of sale or in the direct
sale of the items of crime listed in Part 1 of Article 176
of the Criminal Code.
Manufacturing refers to the complete or partial
counterfeiting of crime items. In case of complete
counterfeiting, counterfeit money or securities are
created without using real ones, from scratch.
In judicial practice, complete counterfeiting of money
or securities is more common than partial
Volume 04 Issue 01-2024
61
International Journal Of Law And Criminology
(ISSN
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VOLUME
04
ISSUE
01
Pages:
57-63
SJIF
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FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
counterfeiting. Thus, of the total number of criminal
cases studied, in 82% of cases counterfeit money was
completely counterfeited and only in 18% of cases it
was partially counterfeited. At the same time, partial
counterfeiting is associated with the use of real money
by criminals, including currency and securities.
In judicial practice, complete counterfeiting of money
or securities is more common than partial
counterfeiting. Thus, of the total number of criminal
cases studied, in 82% of cases counterfeit money was
completely counterfeited and only in 18% of cases it
was partially counterfeited. At the same time, partial
counterfeiting is associated with the use of real money
by criminals, including currency and securities.The
culprit changes, for example, the nominal value of a
banknote, skillfully gluing or adding additional zeros or
numbers, changes the series of a security, etc. in US
dollars, criminals often change the names under the
portraits of presidents, and in the digital value of the
denomination they add zeros in ink and change the
verbally expressed nominal value.
Sometimes banknotes (notes) are made by dissecting
a vertical, oblique or cross-section of a genuine
banknote to create an additional copy. Adhesive tape
or a strip of paper is inserted into the cut areas.
In any case, both in case of complete and partial
counterfeiting, the manufactured banknotes (bills,
coins) or securities must have significant similarities in
shape, size, color and other details with the genuine
banknotes or securities in circulation. Gross
counterfeiting of banknotes and securities, excluding
their participation in circulation, does not form signs of
the crime under consideration.
A winning cash lottery ticket is not a security, therefore
its counterfeit for the purpose of selling or illegally
obtaining winnings qualifies as preparation for fraud.
In the case of selling a counterfeit lottery ticket or
receiving winnings from it, what the perpetrator did
should be classified as fraud[9].
The objective side of the crime under consideration is
formed not only by the production of counterfeit
banknotes or securities, but also by their sale. Sales
mean their use as a means of payment when paying for
goods, services, bills, donation, lending, depositing in a
bank, presenting to a bank for exchange, selling
counterfeit currency on the market, exercising any
property rights certified by a security, and as well as
their transfer to another person free of charge or for a
fee, and other possible actions related to the putting
into circulation of these counterfeits. Sales can be
carried out either by the manufacturer of counterfeit
money or securities or his accomplices, or by other
persons to whom counterfeit banknotes reach in
various ways.
At the same time, it should be emphasized that the
concepts of production and sale do not cover cases of
“storage” or “transportation” of counterfeit money or
securities for the purpose of selling them. As a result,
those responsible for storing or transporting
counterfeit money or securities for the purpose of
selling counterfeit money or securities may go
unpunished. Taking these circumstances into account,
some foreign states provide for criminal liability not
only for the production and sale of counterfeit money
or securities, but also for their storage or
transportation. So, for example, in accordance with
Art. 186 of the Criminal Code of the Russian Federation
criminalizes both the production or sale of counterfeit
money or securities, as well as their storage, as well as
transportation.
The implementation of this innovation into the criminal
legislation of the Republic of Uzbekistan will make it
possible to more accurately determine the objective
Volume 04 Issue 01-2024
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SJIF
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(2021:
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(2022:
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705
)
(2023:
6.
584
)
OCLC
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1121105677
Publisher:
Oscar Publishing Services
Servi
side of the crime, which will ensure the uniform
application of Article 176 of the Criminal Code. In this
case, the storage of counterfeit money or securities is
understood as the commission of any actions related
to the presence of these items in the possession of the
perpetrator (on one’s person, if this is not related to
transportation, indoors, in a cache, etc.), regardless of
its duration .
Transportation means any action to move counterfeit
money or securities, regardless of the method of
transportation and the place of storage of the
transported counterfeit money or securities[10].
The subject of the crime in question is a natural and
sane person who has reached 16 years of age.
Individuals subject to criminal liability for the
manufacture or sale of counterfeit money or securities
include citizens of the Republic of Uzbekistan with
legal capacity, whether full or partial, as well as foreign
citizens, stateless persons, and bipatrids (persons with
dual citizenship).
Establishing the age of criminal responsibility is
associated with a specific stage of intellectual
development, enabling the subject to weigh actions,
fully realize their social significance, and choose a
socially useful behavior option. For the production of
counterfeit money or securities, criminal law (Article 17
of the Criminal Code) establishes liability upon reaching
the age of 16. In this case, a person is considered to
have reached the age of sixteen not on their birthday
but starting from the next day[11].
Responsibility, as a mandatory feature of the subject of
the crime, is a prerequisite for guilt and criminal
liability, as a person capable of recognizing the factual
and legal nature of their behavior and managing it is
capable of bearing criminal responsibility for the
commission of a crime.
The concept of insanity, contained in Part 1 of Article 18
of the Criminal Code, reflects a legal criterion
expressed in a person's ability to recognize the social
danger of their act during the commission of a crime
and to direct the act. Sanity includes both intellectual
and volitional characteristics. Intellectual sanity is the
ability to recognize the socially dangerous nature of
one's act, while volitional sanity is the ability to control
one's behavior. The medical criterion of sanity
considers the level of development of a person's
psyche, allowing them to understand the actual nature
of their actions, their social danger, and their ability to
manage them. This medical criterion covers a range of
mental states, including those with certain mental
disorders that do not exclude sanity.
The subjective side of the crime in question is
characterized only by direct intent. The person is aware
that they are making counterfeit money or securities
for the purpose of selling them and wishes to do so. A
mandatory feature of the subjective side of the crime
is sales, requiring the identification of the criminal's
intent to sell counterfeit goods during manufacture,
storage, or transportation. In the absence of such
intent, the listed acts do not constitute a crime. For
example, the purpose of demonstrating one's abilities
in making counterfeit money or creating it for a
'collection' excludes criminal liability. A person who
does not know that the banknotes or securities they
are selling are counterfeit is not subject to criminal
liability[12].
To summarize the above, it is necessary to emphasize
that the analysis of objective and subjective
characteristics of the crime in question and the
legislation of individual foreign countries determine
the introduction of appropriate changes to the current
Volume 04 Issue 01-2024
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Publisher:
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Servi
legislation of the Republic of Uzbekistan. In this regard,
we consider it appropriate to state the title of Article
176 of the Criminal Code in the following wording:
“Manufacture, sale of counterfeit money or
securities”, and the disposition of part 1 of the same
article: “Manufacture, storage or transportation for
the purpose of sale or sale of counterfeit bank notes
(banknotes) ), metal coins or securities, or foreign
currency or securities in foreign currency...". The
implementation of the noted recommendation in
legislative activities in the field of improving criminal
legislation, in our opinion, will significantly increase the
effectiveness of legal measures to combat such crimes.
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доход
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