Volume 03 Issue 06-2023
54
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
03
ISSUE
06
Pages:
54-58
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
ABSTRACT
The task of building a legal democratic state and forming a free civil society based on the development of a market
economy enshrined in the Constitution of the Republic of Uzbekistan, it presupposes the need to develop the
economic and socio-political spheres of our country, to further deepen reforms and the need to make certain
amendments to the legislative sphere. Criminal punishment is established through criminal legislation in accordance
with the will of the people of Uzbekistan. The inevitability of responsibility for crime is a specific way of influencing
social processes in society by criminal law, which, in turn, regulates the morality of the individual. Therefore, this article
will discuss the appointment of punishment and the factors affecting it. In particular, the problems of execution of
additional penalties are mentioned in the appointment of a penalty.
KEYWORDS
Criminology, Crime, Punishment, factors, problems, Constitution, Republic of Uzbekistan.
INTRODUCTION
On February 3, 2006, the plenum of the Supreme Court
of the Republic of Uzbekistan made a decision “on the
practice of judicial punishment for crimes” [1]. In
accordance with this decision, the followings should be
taken into account:
*it was recommended that the courts also discuss the
issue of applying the appropriate additional
punishment along with the main one at the time of
sentencing due to the fact that additional penalties are
of great importance in preventing the commission of
new crimes.
*If the law in which a criminal act is being qualified
establishes the mandatory appointment of additional
punishment, it can not be applied only in the presence
of circumstances provided for by Article 57 of the
Criminal Code, such a decision must be justified in a
sentence with reference to this article [2].
Research Article
PROBLEMS OF EXECUTION OF ADDITIONAL PUNISHMENTS IN THE
APPOINTMENT OF PUNISHMENT
Submission Date:
June 10, 2023,
Accepted Date:
June 15, 2023,
Published Date:
June 20, 2023
Crossref doi:
https://doi.org/10.37547/ijlc/Volume03Issue06-09
Аmetova Nurjamal Kudaybergenovna
A Doctoral Student Of Karakalpak State University Named After Berdakh, 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 06-2023
55
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
03
ISSUE
06
Pages:
54-58
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
*The convicted person does not hold a career or
engage in a type of activity associated with the
commission of a crime is not an obstacle to the
application of additional punishment at the time of
sentencing.
*In the case of a person convicted of committing
several crimes, the additional type and amount of
punishment should be assigned separately for each
act, as in the case of the main punishment, and then
permanently on the set of crimes. If an additional
penalty is not assigned for a crime that is part of the
crime set, it cannot be applied under the crime set.
In accordance with Article 42 of the Criminal Code of
the Republic of Uzbekistan, punishment is a coercive
measure applied by judicial judgment on behalf of the
state in relation to a person convicted of committing a
crime and consists in depriving or limiting the
convicted person of certain rights and freedoms
provided for by law [2].
Punishment is one of the important measures used by
the state in the implementation of the functions of
Crime Control and criminal law, that is, in the
protection of criminal aggression directed against a
person, his rights and freedoms, the interests of
society and the state, property, natural environment,
peace, safety of humanity, as well as in the Prevention
of crimes, The rights and interests of citizens are
protected from criminal encroachments of persons of
anti-social behavior with the help of criminal
punishment [7].
The punishment assigned for a crime depends on the
degree of social danger of the crime committed. Article
15 of the Criminal Code of the Republic of Uzbekistan
provides for the reduction of crimes to the level of
social danger, and the higher the level of social danger
of the committed crime, the more severe the
punishment will be accordingly given [2].
From the above, we can conclude that criminal
punishment is represented by the following signs, and
these signs are distinguished from other measures of
coercion of the state:
*the penalty for a person accused of committing a
crime is appointed on behalf of the state; [6]
* the degree of criminal punishment to the person in
absentia is high, and the scope of deprivation or
restriction of certain rights of the person will be wide;
*criminal punishment is assigned only to persons
accused of committing a crime;
*criminal punishment is assigned only if the verdict of
the court is known;
*criminal punishment is assigned for the purposes
provided for in Part 2 of Article 42 of the Criminal Code;
*the criminal penalty causes the conviction [5, 47-51].
Thus, criminal punishment cannot be the main means
of combating crime, but it is an important tool in
protecting a person, his rights and freedoms, the
interests of society and the state, property, natural
environment, peace, the safety of mankind from the
encroachment of individual persons or a group of
individuals.
The appointment of only a court on behalf of the state
of criminal punishment is a constitutional provision,
and Article 26 of the Constitution of the Republic of
Uzbekistan states that"the case of each person
accused of committing a crime is not considered guilty
until the court is considered in a legal manner, publicly,
and his guilt is determined." Also, Article 12 of the Code
Volume 03 Issue 06-2023
56
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
03
ISSUE
06
Pages:
54-58
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
of Criminal Procedure of the Republic of Uzbekistan
states that "in accordance with the Constitution of the
Republic of Uzbekistan, justice in criminal cases is
carried out only by the court."
Criminal punishment is assigned only to persons who
are criminally prosecuted. Punishments may be
imposed on persons who are criminally prosecuted, as
well as they may be exempted from liability or
punishment. Accordingly, both the exemption from
liability or punishment or the appointment of
punishment are decided by the court (except for
amnesty and pardon, since these types of exemption
from liability and punishment are only within the
competence of the president of the Republic of
Uzbekistan and the Senate of the Supreme Assembly)
[4].
The person who received criminal punishment was
considered convicted. Conviction produces both
general and criminal justice consequences. The legal
consequences of a conviction are found to be a
recidivism if the person commits a crime again during
the period of his / her conviction. According to the
Article 77 of the Criminal Code of the Republic of
Uzbekistan, a person is considered to have been
convicted from the date of the legal entry into force of
the sentencing conviction [2]. When a person commits
a new offence during his / her term of trial, his / her
conviction will also affect the qualification and,
accordingly, the punishment of his / her newly
committed offence.
All penalties provided for in Criminal Law (Article 43 of
the Criminal Code) are divided into two types, namely
basic and additional ones.
Basic penalties. In accordance with Part 1 of Article 3 of
the criminal code, fines, deprivation of a certain right,
correctional
work,
maintenance,
imprisonment,sending
to
a
disciplinary
part,
imprisonment, long-term imprisonment and life
imprisonment are the main types of punishment. Only
one of these types of punishment can be applied to the
person who committed the crime.
Additional punishment is such a punishment, which is
not applied independently, but is prescribed in
combination with some basic punishment. In law, only
one type of punishment, that is, the deprivation of a
military or special title, is included in the additional type
of punishment. Additional penalties are of an auxiliary
nature, allowing the court to individualize the
punishment appropriate to the severity of the crime
committed and achieve a general and special coercive
effect.
In accordance with Article 43 of the Criminal Code,
deprivation of a military or special title can be applied
only as an additional punishment, when the culprit
commits only a serious or extremely serious crime
(Article 52 of the Criminal Code [2].
Military or special titles include military as well as
equivalent titles, category ranks, academic ranks,
scientific titles, special or honorary titles, orders,
medals and labels.
According to Part 2 of Article 52 of the Criminal Code, a
person who has a military or special title or the award
of the Republic of Uzbekistan can be deprived of such
a title or award by a judicial verdict when convicted of
a serious or very serious crime [2].
In accordance with Part 7 of Article 59 of the Criminal
Code, the main punishment assigned as a set of crimes
can also be assigned by the court, adding additional
penalties assigned for certain crimes. In this case, the
court must appoint both the main and additional
Volume 03 Issue 06-2023
57
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
03
ISSUE
06
Pages:
54-58
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
punishment separately under each article, and then on
the set of crimes.In this case, the term of the indefinite
appointment of an additional penalty in the history of
deprivation of a certain right should not exceed the
maximum period provided for by Article 45 of the
Criminal Code [2].
The procedure established by law for the appointment
of punishment for committing several crimes gives the
court a wide range of opportunities for Responsibility
and individualization of punishment. For example, a
person is intimidated by Murder (Criminal Code Section
112. -a fine of up to twenty-five times the minimum
monthly wage, or imprisonment for up to a year of
correctional labor or up to six months) and unlawful
possession of weapons, ammunition, explosives or
blasting devices (Criminal Code Section 248 (1p). -
punishable by a fine of up to fifty times the minimum
wage or imprisonment of up to six months or
imprisonment of up to five years). For the first crime,
the court imposed a penalty in the form of
imprisonment for up to six months; for the second
–
in
the form of imprisonment for five years. Using the
principle of covering a lighter sentence with a more
severe one, the court commits a definitive sentence of
five years imprisonment.
In accordance with Part 3 of Article 59 of the Criminal
Code, the main punishment assigned as a set of crimes,
the court may also impose additional penalties
provided for by the articles of the General part of the
Criminal Code, which are assigned for certain crimes
[2].
In this case, the court must appoint both the main and
additional punishment separately under each article,
and then on the set of crimes.
In the case of a person who is found guilty of several
crimes, the additional type and amount of punishment
should be assigned separately for each act, as in the
case of the main punishment, and then permanently on
the set of crimes. If the additional penalty is included in
the set of crimes, which is not assigned for a single
crime, it cannot be applied under the set of crimes.
Therefore, when prescribing additional penalties, its
proportionality with the main penalty is taken into
account. It should also be mentioned that additional
types of punishment apply only to persons in the
military sphere. Therefore, it is clear that the execution
of an additional type of punishment will cause a
number of problems. Because, the fact that individuals
serving in the military field commit crimes alone leads
to a very ferocious situation. For this reason, the
enforcement of additional penalties during the
imposition of penalties will aggravate the situation.
CONCLUSION
Taking into account the above information, it can be
concluded that the main emphasis is placed on matters
of punishment in criminal law, as well as in the theory
of criminal law. This is due to the special place of
criminal punishment in the fight against crime. There
has always been friction between scholars,
practitioners, about the criminal punishment assigned
to persons accused of committing a crime, various
opinions have been expressed regarding the concept
of “punishment” and the aim and also many studies
have been carried out on tgis issue. While punishment
is not decisive in the fight against crime, it is important
in its prevention and reduction. The imposition of
punishment in the appropriate order for the crime
committed is important in the peace of this people.
Therefore, the article provided full information on the
appointment of punishment. Further details were also
Volume 03 Issue 06-2023
58
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
03
ISSUE
06
Pages:
54-58
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
discussed about the problems of execution of
additional penalties.
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