Volume 03 Issue 11-2023
25
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
03
ISSUE
11
Pages:
25-28
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
ABSTRACT
This article is devoted to the criminal-legal description of the subject of robbery, in the theory of criminal law, it
touches on the concept, significance and signs of the subject of crime, and reveals its different aspects from the object
of crime. At the same time, the author analyzed the characteristics of the subject of robbery and presented his
suggestions and explanations for distinguishing robbery from other crimes according to the subject of the crime.
KEYWORDS
Robbery, object of crime, object of crime, other people's property, robbery.
INTRODUCTION
In crimes related to the robbery of other people's
property, the subject of the crime is a necessary sign of
the composition of the crime, therefore, it is important
to correctly identify the subject of the crime.
In the theory of criminal law, the subject of the crime is
understood to be the things in the material world that
the person guilty of committing an offense against the
object of the crime directly affects. Like other forms of
robbery, the object of robbery is the property of
another. In accordance with Article 167 of the Civil
Code, property in the Republic of Uzbekistan is divided
into private and public forms of property [1]. If the
stolen property does not belong to the perpetrator,
regardless of whether the property is private or public,
if the perpetrator does not have a real or assumed
right, it is considered the property of another. Any
property cannot be the subject of robbery. In the
theory of criminal law, there are different views on
what characteristics property should have in order to
be the subject of robbery.
R.Kabulov, A.A.Otajonov divided the characteristics of
the subject of the crime of robbery of other people's
property into four, i.e., socially, it must be an object of
socially necessary labor, economically, the stolen
property must have a certain value for the owner,
physically, robbery The subject of theft is always
Research Article
CRIMINAL-LEGAL DESCRIPTION OF THE SUBJECT OF ROBBERY
Submission Date:
November 01, 2023,
Accepted Date:
November 05, 2023,
Published Date:
November 09, 2023
Crossref doi:
https://doi.org/10.37547/ijlc/Volume03Issue11-04
Abduqodirov Farxodjon Fahritdin O`G`Li
Deputy Head Of The Criminal Code Department Of The Academy Of The Ministry Of Internal Affairs Of The
Republic Of Uzbekistan, Doctor Of Philosophy In Legal Studies (Phd), 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
26
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
03
ISSUE
11
Pages:
25-28
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
material and forms a part of the material world and has
the characteristics of property (being a movable or
immovable object), the presence of an object that is
legally considered the property of another person for
the guilty party, that is, the guilty person has neither
real nor presumed property rights to them, or legal
ownership of them. possession of which the
perpetrator does not have the right to do, undoubtedly
illegal objects [60 p. 2].
Sh.Yo.Abdukadirov, U.M.Mirzaevlar, to find the
property as the subject of robbery, the materiality sign
- a certain physical form, the economic sign - the
objective economic value, the social sign - human labor
is embedded, the property is not excluded from civil
circulation,
Those who advocated that the socio-economic sign -
the property must be in the funds of citizens, state
bodies, enterprises, institutions, organizations or
public associations, that is, in the direct possession and
disposal of the owner, and the legal sign - that it is the
property of another [116] b. 3].
In this regard, S.S. Niyozova divided the subject of
robbery into three physical signs - ideas, thoughts,
information, etc., economic signs - objects with a
certain economic value, legal signs - ownership of
property by others [60 p. 4].
It seems that in order to consider the property as a
subject of robbery, it must have material value, human
labor should be absorbed, it should be freely traded,
and the stolen property should not belong to the
culprit, that is, it should be someone else's property.
Therefore, the subject of robbery must have the
following characteristics:
- to be an item of socially useful labor;
- economically, the looted property has a certain value
for the owner;
- Physically, the object of robbery is always material
and forms part of the material world and has the
characteristics of property (being a movable or
immovable object);
- for the guilty party, it must be property that is
considered to be another person's property, that is,
the guilty person has neither real nor presumed
property rights to them, nor the right to possess them
by law, the guilty party must own them, and there must
be things that are clearly not in accordance with the
law.
The analysis of the current legislation shows that there
are problems with the correct application of the
concepts of object and subject. In particular,
paragraph 10 of the decision of the Plenum of the
Supreme Court of the Republic of Uzbekistan dated
December 27, 2016 No.
Part 1 "When determining the value of property that is
the object of a crime, depending on the circumstances
of its acquisition (purchase) by the owner, it is
necessary to proceed from the contractual, wholesale,
retail, stock exchange or market price at the time of
the crime" [60 p. 5]. However, looted property is
considered to be of material value and is the subject of
a crime. The object of the crime is the social
relationship damaged as a result of the act. In order to
eliminate this error, it is appropriate to replace the
word "object" with the words "subject" in these
clauses of the Plenum decision.
As for the subject of robbery, since the crime of
robbery is a type of crime related to the robbery of
another's property, its subject is also the property of
another. Basically, movable property that can be
openly robbed from the victim, that is, the perpetrator
Volume 03 Issue 11-2023
27
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
03
ISSUE
11
Pages:
25-28
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
can take it away from the crime scene by himself or
together with other participants, can be the subject of
robbery. However, both movable and immovable
property can be the subject of a crime in the form of
fraud, embezzlement or embezzlement, and extortion.
It is known that firearms, ammunition, explosives or
detonating devices, powerful or toxic substances,
radioactive materials, bacteriological, chemical and
other weapons of mass destruction, narcotic drugs,
their analogues or psychotropic substances can be
openly possessed. . However, the robbery of these
items is punishable by articles 247, 251, 252 of the
Criminal Code, It is qualified by Articles 271.
In addition, illegal possession of documents, stamps,
seals, forms, license plates of motor vehicles and their
trailers (semi-trailers) is qualified by Article 227 of the
Criminal Code, since these items are not the subject of
robbery.
At the same time, they cannot be the subject of
robbery, since the train, plane ticket itself has no
material value, and only has a material value when
presenting identity documents (for example, passport,
identity card, etc.).
According to Article 192 of the FC, the person who finds
the lost object must immediately notify the person
who lost it or any of the persons known to him who has
the right to receive it, and return the found object to
that person. It also refers to money or valuables whose
owner cannot be identified or whose rights have been
forfeited by law, buried in the ground, or otherwise
hidden. The person who owns the hidden property
(land plot, building, etc.) and the property of the
person who found the treasure belong to the property
of the person who found the treasure in equal shares,
unless otherwise determined in accordance with the
agreement between them. Therefore, the find and the
treasure cannot be the subject of robbery.
Analyzing the subject of robbery, A.P. Seryukov said
that if things are looted not by their material value, but
by their historical, scientific, creative or cultural value,
the crime is punishable by Article 164 of the Criminal
Code of the Russian Federation (Robbery of objects of
special value emphasized the need to qualify with -
torozh (352 p. 6].
According to the results of the research work carried
out by T.K. Khasanov regarding the crime of theft, the
JK "Article 1691. [18 p. 7].
Indeed, Uzbekistan is an ancient country with a rich
culture. Therefore, as examples of our cultural wealth,
our ancestors inherited unique manuscripts, rare art
and cultural monuments. Objects of historical, cultural,
art, science or national value should not be protected
in the same way as other objects of property. However,
it is not necessary to fill the JK with a separate article
for the protection of objects of historical, cultural, art,
science or national value. In order to strengthen the
protection of objects of historical, cultural, art, science,
or national value, to preserve and protect them and
pass them on to the next generation, it is enough to
define the looting of these types of objects as
aggravating circumstances of the crimes provided for
in Articles 164-169. .
Since the object of our research work is robbery,
It is appropriate to add a new item "b1" to Part 2 of
Article 166 of the Civil Code:
"if committed against objects of historical, cultural, art,
science or national value".
With the development of science and technology,
different ways of owning property and using it are
Volume 03 Issue 11-2023
28
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
03
ISSUE
11
Pages:
25-28
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
emerging. In particular, today, the circulation of non-
cash money (electronic money) is becoming popular,
so it is natural that this form of property will be
encroached upon.
It is natural that the criminal robbing the plastic card of
the victim does not allow him to use this property, but
if the victim learns the code that allows him to use the
plastic card by using force that is not dangerous to his
life or health, or by threatening to use force, then the
bank to which the plastic card belongs is guilty. until it
is blocked, this card can be freely used. It seems that
non-cash money can also be considered the subject of
robbery.
Based on the above, the subject of robbery can be
defined as follows:
"The subject of robbery is objects (animals), objects of
historical, cultural, special value, as well as electronic
funds, which are not prohibited in civil transactions, do
not belong to the perpetrator, have material value, are
absorbed by human labor, and can be freely moved
from one place to another by citizens."
REFERENCES
1.
Civil Code of the Republic of Uzbekistan Part One.
[electronic
resource]
//
URL:
https://lex.uz/docs/111189#153802 (time of access:
22.01.2021).
2.
R. Kabulov, A. Atajonov. Crimes in the field of
economy: Study guide /
–
T.: Ministry of Internal
Affairs Academy of the Republic of Uzbekistan,
2013.
–
B. 166.
3.
Sh.Yo.Abdugadirov, U.A.Mirzaev. Comments on
Chapter X of the Special Part of the Criminal Code
on robbery of other people's property. Study
guide. Tashkent 2007. B. 60.
4.
S.S. Niyozova. Problems of criminal responsibility
for the robbery of other people's property in
participation: Law. science. candidate. dis. ...
–
T.,
2006.
–
B. 59
–
60.
5.
Resolution No. 26 of the Plenum of the Supreme
Court of the Republic of Uzbekistan dated
December 27, 2016 "On the judicial practice on the
application of the legislation on the compensation
of property damage caused as a result of crime."
[Electronic
resource]
//
URL:
https://lex.uz/docs/3115385. (electronic source:
time of application 22.01.2021).
6.
A.P.
Seryukov.
Khishchenie
imushchestva:
criminological and criminal-legal aspects. - M.:
Exam, 2004. - S. 131. B. 352.
7.
H.A. Khasanov. Criminal responsibility and
prevention of theft: Law. science.b.f.d. …dis.
autoref. - T., 2018. - B.18.
