Volume 03 Issue 12-2023
55
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
03
ISSUE
12
Pages:
55-58
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
ABSTRACT
The article deals with the legal status of convict persons, listed the rights and legitimate interests of persons serving
sentences. The author of the article noted the effective cooperation of penitentiary institutions with government
agencies and other organizations in ensuring the rights and legitimate interests of convicts as well.
KEYWORDS
Legal status of convicted persons, penitentiary institutions, rights and legitimate interests of persons serving
sentences.
INTRODUCTION
In the Republic of Uzbekistan, special attention is being
paid to the provision of human rights, including the
rights, freedoms and legal interests of persons serving
a sentence. In particular, the Constitution of the
Republic of Uzbekistan According to Article 13,
democracy in the Republic of Uzbekistan is based on
universal principles, according to which a person, his
life, freedom, honor, dignity and other inviolable rights
are the highest value. Democratic rights and freedoms
are protected by the Constitution and laws. According
to Article
26 of this Constitution, human honor and dignity are
inviolable. Nothing can be
a reason to discriminate against them. No one shall be
subjected to torture, violence, or other cruel, inhuman
or degrading treatment or punishment [1].
In the Address of the President of the Republic of
Uzbekistan Shavkat Mirziyoyev to the Oliy Majlis on
December 29, 2020, it was stated that the system of
prevention of torture in the field of rapid search,
investigation and punishment should be fundamentally
Research Article
ENSURING THE RIGHTS OF CONVICTED INSTITUTIONS IN PENALTY
EXECUTION INSTITUTIONS
Submission Date:
December 11, 2023,
Accepted Date:
December 16, 2023,
Published Date:
December 21, 2023
Crossref doi:
https://doi.org/10.37547/ijlc/Volume03Issue12-10
Usmonov Doniyor Makhmudovich
Doctor Of Philosophy In Law Sciences (Phd), Associate Professor, Senior Teacher Of The Department Of
Criminal Law Of Academy Of The Mia 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
56
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
03
ISSUE
12
Pages:
55-58
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
improved [2]. Based on this, the Human Rights
representative (ombudsman) of the Oliy Majlis was
appointed to take measures to implement the system
of “monitoring visits” to detention centers and prisons
every quarter together with public representatives.
In the regulation approved by the annex 2 of the
decision of the President of the Republic of Uzbekistan
dated April 2, 2021 No. 5050 “On additional
organizational measures to further improve the
activities of internal affairs bodies in the field of
ensuring public safety and fighting crime” Human
Rights Representative (Ombudsman) of the Oliy Majlis
of the Republic of Uzbekistan on issues of compliance
with the rights, freedoms and legal interests of
prisoners and imprisoned persons of the Department
of Corrections under the Ministry of Internal Affairs,
Representative of the President of the Republic of
Uzbekistan on the protection of the rights and legal
interests of business entities, Human Rights The right
to cooperate with the National Center of the Republic
of Uzbekistan and other organizations is provided [3].
It is of particular importance to determine the legal
status of prisoners at the level of law. Firstly, it
determines the legal status of the prisoner, and
secondly, it is necessary to protect their rights and legal
interests. Before the adoption of the current Criminal-
Executive Code, the legal status of prisoners was
specified in one article of the law, but now it has been
strengthened by a separate chapter and it consists of
six articles. [4, p 251].
The legal status of a person means the state's
recognition of a citizen as a legal subject, the provision
and guarantee of his rights, freedoms and obligations,
as well as legal interests by the law, and therefore
serves as the main factor in determining the legal
status of prisoners.
The legal status of prisoners is a set of basic civil special
rights and obligations related to the type and purpose
of the punishment and the behavior of the prisoner.
The legal status of prisoners, i.e. their rights and
obligations, provided for in Articles 8-13 of the Criminal
Code of the Republic of Uzbekistan “Mini
mum
Standard Rules for the Treatment of Prisoners ”
adopted by the United Nations on August 30, 1955 and
December 14, 1990 Articles 6, 35-36 fully correspond to
the content of Article 5 of the “Basic principles of
dealing with prisoners”.
During the execution of the sentence, the convicts are
guaranteed the rights and freedoms granted to the
citizens of the Republic of Uzbekistan. It is not allowed
to limit their rights and freedoms beyond what is
defined in the criminal law. In particular, in accordance
with Article 5 of the Election Code of the Republic of
Uzbekistan, adopted on June 25, 2019, persons
detained in places of deprivation of liberty cannot be
elected. Persons detained in places of deprivation of
liberty by court verdict for committing serious and
extremely serious crimes shall not participate in the
election [5]. According to the content of this provision,
the prisoners who are serving the sentence of
deprivation of liberty for committing crimes with a low
social risk and not very serious can take part in the
election. Convicts shall have the rights, freedoms and
obligations provided for citizens of the Republic of
Uzbekistan, taking into account the exceptions and
limitations established by the Code of Criminal
Procedure and other laws. Foreign citizens and
stateless convicts have obligations defined in
international treaties and legislation of the Republic of
Uzbekistan and enjoy the rights specified in these legal
documents. It should be noted that according to the
laws in force before, the legal status of prisoners was
defined taking into account not only the limitations
provided by the law, but also the limitations arising
Volume 03 Issue 12-2023
57
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
03
ISSUE
12
Pages:
55-58
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
from the court sentence and the regime of serving the
sentence.
The rights and obligations of prisoners are determined
based on the procedure and conditions of execution of
a certain type of punishment.
The rights of prisoners are as follows:
–
to receive information about the procedure and
conditions of serving the sentence, about one's rights
and obligations;
–
apply to the administration of a penal institution or
div, other state bodies and public associations with
suggestions, applications and complaints in one's
native language or in another language;
–
to receive answers to their proposals, applications
and complaints in the language addressed. If it is not
possible to answer in the requested language, the
answer will be given in the official language of the
Republic of Uzbekistan. Sending the answer to the
disciplinary department and translating it into the
language applied by the person sentenced to
deprivation of liberty is provided by the penal
institution or div;
–
providing
explanations
and
conducting
correspondence, using the services of an interpreter,
including a sign language interpreter, if necessary;
–
using of educational, artistic and other informational
materials;
–
health care, including receiving medical care in
outpatient clinics and inpatient settings according to a
medical opinion;
–
social security, including statutory pensions (Criminal
Procedure Code
arc. 9).
In connection with the "Improvement of mechanisms
for the protection of the rights of prisoners and
persons kept in prison" of the Republic of Uzbekistan
dated March 14, 2019 According to the Law of the
Republic of Uzbekistan
No.530 “O
n Amendments and Additions to Certain
Legislative Documents of the Republic of Uzbekistan”,
The following additions regarding the rights of
prisoners were added to Part 1 of Article 9 of the
Criminal-Executive Code:
–
if weather conditions allow, exercise in the fresh air
during off-duty hours;
–
receiving psychological assistance provided by
psychological service personnel of the penal
institution.
Participation of persons sentenced to deprivation of
liberty in activities related to the provision of
psychological assistance is carried out only with their
consent;
–
to have safe working conditions, to rest, to go on
vacation, as well as to be paid for their work in
accordance with the legislation on labor [6].
Convicted foreign citizens also have the right to
communicate with diplomatic missions and consular
institutions of their own countries, and citizens of
countries that do not have diplomatic and consular
institutions in the Republic of Uzbekistan, with the
diplomatic missions of the country that has undertaken
to protect their interests.
In conclusion, the implementation of the rights,
freedoms and legal interests of prisoners serving their
sentence in penal institutions will lead to their moral
Volume 03 Issue 12-2023
58
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
03
ISSUE
12
Pages:
55-58
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
recovery and the achievement of the effectiveness of
punishment.
In this regard, the Penitentiary Department under the
Ministry of Internal Affairs of the Republic of
Uzbekistan on issues of compliance with the rights,
freedoms and legal interests of prisoners serving their
sentences in penal institutions is appropriate to
conduct effective cooperation with the representative
of the Oliy Majlis of the Republic of Uzbekistan on
Human Rights (Ombudsman), the representative of
the President of the Republic of Uzbekistan on the
protection of the rights and legal interests of business
entities, the National Center for Human Rights of the
Republic of Uzbekistan, as well as other organizations.
REFERENCES
1.
Constitution of the Republic of Uzbekistan //
https://lex.uz/docs/6445145 (Time of access to the
electronic resource: 31.10.2023).
2.
Address of the President of the Republic of
Uzbekistan Shavkat Mirziyoyev to the Oliy Majlis //
https://president.uz/uz/lists/view/4057 (Time of
access to the electronic resource: 31.10.2023).
3.
Resolution No. 5050 of the President of the
Republic of Uzbekistan dated April 2, 2021 “On
additional organizational measures to further
improve the activities of internal affairs bodies in
the field of ensuring public safety and fighting
crime” // National database of legal documents,
04/02/2021, No. 07/21/5050/0280.
4.
Ubaidullaev Z.S., Yuldashev M.Sh. Current issues of
reforming the system of criminal punishment //
Theoretical and practical problems of ensuring
public safety and fighting against crime (in uzbek
language). - T., 2006.
5.
Election Code of the Republic of Uzbekistan //
https://lex.uz/acts/4386848 (Time of access to the
electronic resource: 31.10.2023).
6.
Law No. 530 of the Republic of Uzbekistan dated
March 14, 2019
7.
“On Amendments and Additions to Certain
Legislative Documents of the Republic of
Uzbekistan in Connection with the Improvement
of Mechanisms for the Protection of the Rights of
Convicts and Detained Persons” // National
Database of Legal Documents, 03.15.2019, 03 No.
/19/530/2769.
