Volume 03 Issue 12-2023
83
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
03
ISSUE
12
Pages:
83-86
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
ABSTRACT
The article analyzes in detail the crime of intentional destruction of property and analyzes the elements of the crime.
As a result of the analysis, it was established that there are enough problems with the qualification of the crime and
its delimitation from crimes of similar content. The article also substantiates proposals for the need to differentiate
liability for certain types of intentional destruction o
r damage to someone else’s property.
KEYWORDS
Intentional destruction or damage to property, corpus delicti, qualifying feature, generally dangerous method, motive
for hooliganism, grave consequences.
INTRODUCTION
Article 173 of the Criminal Code of the Republic of
Uzbekistan provides for criminal liability for intentional
destruction or damage to another's property.
Qualifying features of the crime for this crime. Article
173 of the Criminal Code of the Republic of Uzbekistan
is strengthened with separate clauses in part 2 of this
article of the criminal law. Thus, if the legislator
committed the crime in question on the basis of ethnic
or racial enmity or religious fanaticism, in a dangerous
way for the surrounding people, causing a large
amount of damage, then Article 277 of our legislation
provides for the intent of hooliganism by causing a
large amount of damage, destroying someone's
property or means that he will cause injury to him [1].
As you can see, the circumstances reflecting the
degree of danger of these crimes come from the
meaning of the disposition of part 2. Article 173 of the
Criminal Code of the Republic of Uzbekistan as a
method and condition for committing such crimes, in
case of causing a significant amount of damage, if no
significant amount of damage was caused, Article 612
of the Code of Administrative Responsibility of the
Research Article
CHARACTERISTICS DELIBERATE DESTRUCTION OR DAMAGE OF
PROPERTY
Submission Date:
December 19, 2023,
Accepted Date:
December 24, 2023,
Published Date:
December 29, 2023
Crossref doi:
https://doi.org/10.37547/ijlc/Volume03Issue12-14
Rahmatov Baburbek Turaqul O`G`Li
Independent Researcher Of The Academy, 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 03 Issue 12-2023
84
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
03
ISSUE
12
Pages:
83-86
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
Republic of Uzbekistan, intentional destruction or
damage to another's property, if it was committed in a
small amount, or If it is committed in a small amount, it
will cause this responsibility.
The fight against crimes related to the violation of the
rights of property owners related to the destruction or
damage has always been relevant. At the same time, it
is more important to fight against these crimes
committed in the presence of qualifying marks, which
increase the risk to the public instead of intentionally
destroying or damaging the property of others, and
therefore it seems necessary to take into account the
qualifying marks above.
It is worth noting that the legislator intentionally
destroys or damages another's property, as a result of
bullying, that is, Bullying, that is, intentionally
disregarding the rules of behavior in society, hitting,
causing minor bodily harm, or causing damage or
destruction to another's property with significant
damage. It allows to talk about multiple objects as it
can be seen that they are committed in connection and
destroy or damage military property.
Article 173 of the Criminal Code of the Republic of
Uzbekistan, the object of intentional destruction or
damage to property is social relations related to the
protection and safety of another's property. the
subject of the crime can be immovable (buildings,
structures) and movable property. The crime is
objectively defined as intentional destruction of
another's property or significant damage to it. When
prosecuting a person for intentionally destroying or
damaging property, it is necessary to determine the
existence of a causal connection between the act and
the damage. The described crime is considered to have
been completed from the moment a significant
amount of damage has been caused to the owner or
other legal owner of the property. From the subjective
point of view, the crime is committed both with the
right intention and with the wrong intention. In order
to qualify it, the motive and purpose of the crime is not
important, but it makes it possible to distinguish it from
similar crimes (terrorism, sedition, hooliganism, etc.).
The subject of the crime is a sane individual who has
reached the age of 16 according to part 1 of Article 173
of the Criminal Code. Criminal responsibility for the
qualified structure of the crime specified in Part 2 or
Part 3 of Article 173 of the Criminal Code begins at the
age of 14. In this crime, it is necessary to pay particular
attention to the fact that the general dangerous
method of intentionally destroying or damaging
property includes the use of the special scope and
characteristics of the means used by the criminal. The
latter includes the theory of criminal law and judicial
practice. For example, explosives and fire, explosive
devices, etc. The common side of such tools is that they
are able to affect several objects at the same time and
have a destructive force that causes significant
damage. When perpetrators are made active, in most
cases control over them is lost, and as a result, even
people and things that are not driven by criminal intent
may be harmed [3]. The specified qualified correctness
of the crime in question also allows us to talk about the
multi-objectivity of intentionally destroying or
damaging someone else's property, because in this
case its additional object is public safety, which can be
defined as a state of protection. it is necessary to
protect the individual, society and the state from
various threats of general dangerous nature.
If it happened as a result of intentional destruction or
damage to the property resulting in the death of the
victim or other serious consequences as a result of
carelessness, our legislation does not include this
article. The purpose would have been achieved if the
grade marks under consideration in the scientific
interpretation were to see the level of public danger
that leads to death due to carelessness, forming the
Volume 03 Issue 12-2023
85
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
03
ISSUE
12
Pages:
83-86
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
disposition of Article 173 of the Criminal Code of the
Republic of Uzbekistan, "if it causes dangerous
consequences for the surrounding people or causes
other serious consequences", for example "Dangerous
method for the surrounding people" means the use of
methods that cause the risk of a major natural disaster
and destruction, as well as the loss of human life and
the creation of a dangerous situation for human health,
in the course of actions aimed at destroying or
damaging property. They include setting fire to
property, blowing it up, drowning, poisoning animals,
causing traffic accidents, etc. For example, the criminal
sets the victim's car on fire in a wet area and does not
create a danger for the people around him. If, as a
result of the actions of the guilty person intentionally
destroying or damaging the property of others, the
health or life of citizens is harmed, the special part of
the Criminal Code of the Republic of Uzbekistan is
qualified as a set of crimes with separate articles.
However, judicial practice qualifies the actions of the
guilty parties as if the victim committed suicide, as a
reaction to the actions of the perpetrators[4]. As you
can see, there is as much objectivity in the qualifying
offense under consideration as in the two qualifying
offenses described above. The life of a person,
including the destruction or damage to property, is the
object of the negligence resulting in the death of a
person.
Thus, we can talk about the existence of a problem of
disproportionate punishment for the destruction of
property or for committing various types of qualified
composition of damage. In fact, some of the additional
objects of the crime under consideration should be
punished more severely than others due to their social
importance. The same punishment for all types of
offenses can be found in the Criminal Code of the
Republic of Uzbekistan or it is necessary to ensure that
it does not contradict the provisions of our
Constitution, because human life is the highest value
guaranteed by the state at the constitutional level.
In general, it can be said that the criminal law provides
a number of qualifying signs of intentional destruction
or damage to the property of others. At the same time,
for the destruction or damage of property with serious
consequences, the legislator provides for a more
severe punishment, which is very important
considering their increased public danger. Also, in
connection with the destruction or damage of
someone's property, if we talk about the qualified
types of this crime, we can talk about multiple
objectivity, because its qualified types imply the
mandatory presence of an additional object of the
crime. This is, in particular, public order, public safety,
human life or health, as well as other public relations
protected by law.
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Ўзбекистон Республикасининг Жиноят кодекси
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Galaxova A.V. Jinoyat kodeksidagi baholash
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йил 20 августдаги 832
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онунига
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тўлдирилган
—
Олий
Volume 03 Issue 12-2023
86
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
03
ISSUE
12
Pages:
83-86
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
Мажлис
Ахборотномаси
, 1999
й
., 9-
сон
, 229-
модда
)
6.
173-
модда
тўртинчи
қ
исми
Ўзбекистон
Республикасининг 2015 йил 10 августдаги ЎР
Қ
-
389-
сонли
Қ
онуни
та
ҳ
ририда
—
ЎР
ҚҲ
Т
, 2015
й
.,
32-
сон
, 425-
модда
).
