Volume 03 Issue 11-2023
34
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
03
ISSUE
11
Pages:
34-38
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
ABSTRACT
The results of studies show that the organization of the execution of the administrative detention sentence is a set of
legal, organizational-administrative and material-technical measures defined in the laws and regulations related to the
enforcement of the administrative detention sentence. That is, it means the measures that are implemented in the
period from the time of the decision of the authorized entities on administrative detention to the end of the term of
detention and the release of the person.
KEYWORDS
According to the analysis, there are many problems in this direction in the practice of law enforcement, and this
situation has a serious impact on ensuring the inevitability of punishment, as well as guaranteeing the rights and legal
interests of a person.
INTRODUCTION
In accordance with Article 19 of the Law of the Republic
of Uzbekistan "On the Procedure for Serving
Administrative Imprisonment", in special cases, i.e. the
death of a close relative or a serious illness threatening
the life of a close relative, an event that caused
considerable material damage to the person under
administrative detention or his family it is established
that he may be allowed to leave the territory of the
special reception area within the Republic of
Uzbekistan for one day without taking into account the
travel time (up to two days).
Today, the analysis of the practice of the internal affairs
bodies on the execution of the administrative prison
sentence shows that there is a need to expand the
scope of the reasons for the departure of a person
from the territory of the special reception area. In
particular, in some cases there are requirements
related to the participation of a person under
administrative detention in the entrance exams to a
higher educational institution or in the final state
Research Article
ENFORCEMENT OF ADMINISTRATIVE DETENTION PROBLEMS AND
THEIR SOLUTIONS
Submission Date:
November 06, 2023,
Accepted Date:
November 11, 2023,
Published Date:
November 16, 2023
Crossref doi:
https://doi.org/10.37547/ijlc/Volume03Issue11-06
Adilov Bobir Behbudievich
Independent Researcher Ministry Of Internal Affairs Academy 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 11-2023
35
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
03
ISSUE
11
Pages:
34-38
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
exams for graduation from a higher educational
institution.
The importance of these situations is explained by the
fact that the above type of exams are held once a year,
the inability to participate in them will lead to a number
of negative situations in the future (inability to enter or
complete studies) seriously affecting the social and
mental state of a person, causing distrust in the state
and society, and personal future. can cause apathy, as
well as negative changes in behavior.
In the sociological research conducted to study the
attitude of law enforcement experts to the analyzed
problem, "Which of the following cases do you think
can be the basis for the temporary departure of
persons under administrative detention from the
special reception area?" when asked the question,
64.2% of the respondents - passing the entrance exams
to the higher education institution or the final state
exams; 58.1 percent - the need to fulfill civil or other
financial obligations; 68.7 percent meant the cases of
the spouse being pregnant or the person being the
sole breadwinner.
Therefore, in our opinion, it is appropriate to include
additions to Article 19 of the Law, which stipulates that
participation in the entrance exams to higher
educational institutions or the passing of the final state
exams is one of the reasons for leaving the special
reception area.
It is known that the type of punishment in the form of
administrative detention is carried out by the internal
affairs bodies in special reception rooms designed for
keeping persons under administrative detention. A
special reception is a special institution for the
reception and storage of persons under administrative
detention, belonging to the system of internal affairs
bodies. They are the Ministry of Internal Affairs of the
Republic of Karakalpakstan, the Ministry of Internal
Affairs of Tashkent city and Tashkent region, and the
Ministry of Internal Affairs of the regions.
According to Clause 8 of the Regulation "On Special
Reception Rooms for Reception and Detention of
Administratively Detained Persons", approved by
Resolution No. 734 of the Cabinet of Ministers of the
Republic of Uzbekistan on September 18, 2017, the
following are the main tasks of a special reception
room:
¬¬
–
organization of receiving and keeping persons
under administrative detention;
- protection of the rights, freedoms and legal interests
of persons under administrative detention, as well as
organization of fulfillment of the obligations assigned
to them;
- implementation of measures aimed at social
protection of persons under administrative detention;
- collection of storage costs from persons under
administrative detention.
As can be seen from the analysis of these tasks, the
administration of the special reception hall is
responsible for organizing the entry-exit regime of the
persons under administrative detention to the territory
of the special reception hall, and the observance of the
rules of the internal order of the special reception hall.
The studies show that the persons who have been
administratively detained under Articles 194, 195 of the
Criminal Code of the Republic of Uzbekistan (failing to
fulfill the legal requirements of an employee of the
internal affairs bodies, resisting the employees of the
internal affairs bodies to perform their duties) in most
cases do not fulfill the legal requirements of the staff
of the special reception. This, in turn, has a negative
Volume 03 Issue 11-2023
36
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
03
ISSUE
11
Pages:
34-38
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
impact on the behavior of other persons kept in the
special reception, and leads to deliberate non-
compliance with the rules of the internal procedure
established in the institution.
However, at present, the number of persons who have
committed the offenses provided for in the articles of
the Criminal Code of the Republic of Uzbekistan
analyzed above is too small. For example, 9.1 percent
of the total number of persons detained in
administrative detention during the period 2019-2022
committed offenses under Articles 194 and 195 of the
Criminal Code (see Appendix 3).
Persons under administrative detention must comply
with the requirements of personal hygiene and
sanitation, which are specified in the model agenda of
the Special Reception approved by Annex 1 to the rules
of internal order of special receptions intended for the
reception and storage of persons under administrative
detention. it is established that the cells should be
cleaned from 6.00 to 8.00 in the morning.
However, in practice, in most cases, the duty of
cleaning special reception cells and other rooms is not
fulfilled by the persons detained in administrative
detention. The legal requirements of the special
reception staff regarding the fulfillment of this
obligation will not be fulfilled.
The main reason for this is the presence of conflicts and
various conflicts in our current legislation. In particular,
in the first part of Article 26 of the Law of the Republic
of Uzbekistan "On the Procedure for Administrative
Detention", to involve the imprisoned persons in
unpaid physical work related to the improvement of
sanitary and hygiene in special reception rooms,
household conditions, beautification of the territory of
the internal affairs div or the special reception area.
it is prescribed to obtain their consent.
At the same time, the fourth paragraph of the first part
of Article 28 of this Law envisages the application of
the
disciplinary
measure
of
"extraordinary
involvement in unpaid physical work" against persons
detained in administrative detention who have
violated the rules of the internal order in a special
reception. creates mutual conflict. As a result, there
are problems with the extra-ordinary involvement of
administrative detainees in unpaid physical work as a
measure of disciplinary punishment.
In order to study the attitude of practitioners to the
problem under analysis, they were asked the question:
"In what cases do you think it is possible to involve
persons under administrative detention in sanitary-
hygiene, household cleaning and beautification work
without their consent?" when asked the question,
73.8% of the respondents answered that ¬
–
they are
involved in such cases as a disciplinary measure. Also,
another 22.4% of the participants noted that
involvement in such work should not be allowed, and
3.8% noted that this issue should be resolved by the
administration of a special reception.
Based on the above analysis, it is appropriate to
supplement Article 26 of the Law with the following
fourth part:
"Consent of persons under administrative detention is
not required for engaging in unpaid physical work as a
disciplinary measure."
The analysis of the results of the practice of law
enforcement shows that today the degree of influence
of certain disciplinary measures specified in Article 28
of the Law against persons who have violated the
internal procedures of the special reception hall is
insufficient. In particular, disciplinary measures such as
"warning" or "deprivation of the right to talk by
phone" applied to those who violated the internal
Volume 03 Issue 11-2023
37
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
03
ISSUE
11
Pages:
34-38
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
procedures of the special reception hall or committed
various offenses do not have enough effect to prevent
them from repeating negative behavior in the future.
The reason is that the effectiveness of these measures
is low and does not work as a powerful mechanism for
correcting the morals of disciplinary officers..
The absence of effective disciplinary measures in the
current legislation creates a sense of impunity for some
administrative detainees. This, in turn, causes them not
only to continue negative behavior in the special
reception,
but
also
to
repeatedly
commit
administrative violations. In particular, according to
the statistics of the Ministry of Internal Affairs of the
Republic of Uzbekistan, in 2022, a total of 813 persons
were repeatedly imprisoned administratively 3-4 times
on average. .
At the same time, in the event of conflict between
persons detained in administrative detention in a
special reception area, there is a need to temporarily
isolate the guilty person from other persons.
Therefore, in our opinion, it is necessary to strengthen
the disciplinary measures against the persons who
deliberately violate these rules in order to ensure strict
adherence to the internal order and behavior rules of
the special reception centers by the persons under
administrative detention.
First of all, the first part of Article 28 of the Law should
be supplemented with the fifth paragraph, and it will
be necessary to provide for a disciplinary measure in
the form of one-day confinement in a solitary
confinement cell. Also, in this norm, it is appropriate to
specify the specific characteristics of the use of this
measure of influence and the conditions of storage in
the carcase.
Therefore,
when
studying
advanced
foreign
experience in the field, the Procedural-Executive Code
of the Republic of Belarus on Administrative Offenses
In the first part of Article 20.8, it is noted that the
administration of the place of administrative detention
has the right to involve the imprisoned person in
unpaid work related to cleaning the institution and that
the consent of the imprisoned persons is not required.
Also, based on the fourth paragraph of the first part of
Article 20.10 of this code, it is established that persons
under administrative detention who have not fulfilled
their obligations at the place of administrative
detention may be placed in a cell for up to 5 days.
Also, in accordance with the first chapter, second
paragraph of the order No. 504 of the Ministry of
Internal Affairs of the Republic of Kazakhstan dated
July 26, 2017 "On the organization of activities and
approval of internal procedures of special institutions
that ensure the execution of prison-style punishment",
persons who have been put under administrative
detention will serve their sentences in special
institutions. In addition, the Criminal-Executive Code of
the Republic of Kazakhstan The fourth part of Article
131 envisages the placement of administrative
detainees who have violated internal procedures in
special receptions in disciplinary isolation (disciplinary
isolation) for up to 15 days.
The implementation of the above proposals in our
national legislation serves to a certain extent to
educate citizens who have been punished in the form
of
administrative
detention
for
committing
administrative offenses in the spirit of compliance with
the Constitution and laws of the Republic of
Uzbekistan.
For this, it is appropriate to state the first and second
parts of Article 28 of the Law of the Republic of
Uzbekistan on January 9, 2017 "On the Procedure for
Administrative Detention" in the following version:
Volume 03 Issue 11-2023
38
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
03
ISSUE
11
Pages:
34-38
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
"The following disciplinary measures may be applied to
persons who have been detained administratively and
who have violated the requirements of this Law and
the rules of the internal procedure:
warning;
deprivation of the right to further conversation by
telephone;
extraordinary involvement in unpaid physical work;
placement in a single car.
Special receptions intended for keeping persons under
administrative detention, who do not comply with the
rules of the internal regime and who do not fulfill the
obligations set at the place of punishment, may be
placed in a cell for up to one day.
REFERENCES
1.
https://itnan.ru/post.php?c=2&p=278214 (дата
обращения: 10.10.2023 года).
2.
https://www.dw.com/ru /a-
51408166 (Дата
обращения 11.11 2023 года)
3.
https://knoema.com/atlas/topics/Crime-
Statistics
4.
Матчанов А.А. Уголовно
-
процессуальные,
криминалистические,
оперативно
-
розыскные и экспертно
-
криминалистические
аспекты деятельности органов внутренних
дел по противодействию торговли людьми.
Монография –
Т.: Академия МВД Республики
Узбекистан, 2016. –
С.72.
5.
Астанов И. Р. Жиноят ишлари бўйича махсус
билимлардан фойдаланишнинг процессуал
ва криминалистик жи
ҳ
атлари: Юрид. фанлар
д
-
ри (DSc) дис. автореф. –
Т., 2018. –
74 б.
6.
Латышов И. В. Концептуальные основы
судебно
-
баллистической
диагностики:
Автореф. дис. … док. юрид. наук. –
Волгоград –
2016.
–
С. 6.
7.
Данилкин
И.А.
Проблемы
совершенствования
взаимодействия
следственных
и
экспертно
-
криминалистических подразделений при
расследовании
преступлений
(по
материалам органов внутренних дел): Дис.
… канд. юрид. наук. –
Волгоград, 2008. –
С.
144.
