Volume 03 Issue 03-2023
8
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
03
I
SSUE
03
Pages:
08-16
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
ABSTRACT
The article states that sentencing is the final stage of a crime, which can only be distinguished by the differences
between the parties involved in the process. Also, issues related to the general principles of sentencing are presented
on the basis of examples from the works of our ancient national scholars. Special attention was paid to examples of
only one sentence for a crime committed in sentencing matters, and it was noted that according to the provisions of
criminal law, each crime must require the application of only one main punishment, a special solution does not comply
with the principles of humanity and justice. In addition, this article analyzes the general principles of sentencing, the
theoretical views of scholars on the circumstances to be considered and mitigating circumstances in it, divided into
four groups. At the same time, the issue of relevance of the norms of criminal law and mitigating circumstances in
sentencing is analyzed on the basis of the Criminal Code of the Republic of Uzbekistan and the Plenum of the Supreme
Court of the Republic of Uzbekistan "On the practice of sentencing by courts". appropriate proposals have been
developed.
KEYWORDS
Punishment, sentencing, form of guilt, aggravating and mitigating circumstances, act, damage, etc.
INTRODUCTION
Research Article
THE CONCEPT OF PUNISHMENT AND GENERAL PRINCIPLES OF
INFLICTION OF PENALTY IN CRIMINAL LEGISLATION OF UZBEKISTAN
Submission Date:
March 06, 2023,
Accepted Date:
March 11, 2023,
Published Date:
March 16, 2023
Crossref doi:
https://doi.org/10.37547/ijlc/Volume03Issue03-02
Heybatollah Najandiamnesh
Phd, Assistant Professor Of International Law At Allameh Tabataba`I University, Tehran, Iran
Rozimova Kunduz Yuldashevna
Associate Professor Of The Department Of Criminal Law, Criminology And Anti-Corruption Of Tashkent State
University Of Law, Phd In Law, 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 03-2023
9
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
03
I
SSUE
03
Pages:
08-16
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
It is known that the non-imposition of a fair
punishment for the person who committed the crime
leads to the violation of the principles of legality,
justice and responsibility for the crime of the criminal
law.
In criminal law, the rules of sentencing and the
qualification of the crime make it possible to
distinguish one crime from another.
Sentencing is the most responsible stage of the court's
activity, where the principle of justice of the criminal
law is manifested in practice and the level of justice
implementation is revealed. Appointing a fair
punishment to the person who committed the crime,
taking into account his personality, the social danger of
the crime committed, the amount of damage caused
by the crime, and other circumstances of the case,
makes the person who committed the crime feel that
he has received a punishment commensurate with his
deed. The emergence of such a feeling is the first, but
the most important achievement of the purpose of
punishment[1].
Courts must first ensure that the offense is properly
characterized before sentencing. One of the main
reasons why courts make mistakes in sentencing is that
they do not give due importance to the nature of the
crime [2].
Most of the issues will be resolved at the sentencing
stage. A number of scientists argue that the unjustified
imposition of severe punishment causes the subject to
feel dissatisfaction with injustice, distrust of justice and
the law, and such a situation becomes an obstacle to
achieving the purpose of punishment [3].
In turn, one of the other important requirements for
the punishment to be imposed is that the punishment
should be fair. Ensuring that punishments are legal and
fair remains one of the urgent tasks facing the practice
and theory of criminal law today. "We need to think
deeply about the legality and fairness of every decision
made by the judges. In this regard, it is necessary to
ensure the true independence of the judiciary and the
inevitability of responsibility for interfering with the
judicial system. When deciding the fate of a person, the
judge must have only justice in his mind, only truth in
his language, and purity in his language" [4].
Punishment is the final stage of the committed crime,
which can be distinguished only by the mutual
differences of the parties involved in this process. The
difference is that if the crime is committed by an
individual, the punishment is applied by the court on
behalf of the state, that is, the punishment is a legal
consequence that follows naturally after the
commission of the crime.
We can also find issues related to the general principles
of punishment in the works of our ancient national
scientists. For example, our well-known compatriot
Abu Nasr Farabi said that it is fair to determine the
punishment depending on whether the crime is
dangerous or not harmful to the society, because the
main goal of the law enforcement officers is also fair,
even if methods such as beating with a stick and
execution are used to achieve justice, they are not
justice emphasizes that they are not great methods of
decision-making [5].
In the period of Timurids, the "Temur Laws" is
distinguished by the fact that special attention is paid
to the issue of punishment. It is important that the
punishment measures applied to the offenders in the
country are elaborated in every way. In particular, it is
said that no haste in sentencing is allowed.
Volume 03 Issue 03-2023
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International Journal Of Law And Criminology
(ISSN
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VOLUME
03
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03
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SJIF
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5.
705
)
(2023:
6.
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1121105677
Publisher:
Oscar Publishing Services
Servi
In the Law, it is said about maintaining discipline in the
kingdom by punishing sons, grandsons, relatives, emirs
and ministers: "Trustworthy and important people of
the royal palace should not be in a hurry to kill them,
even if they betray the affairs of the kingdom and try
to overthrow the kingdom. First of all, let them check
the identity of their accusers and informers. Let the
detractors test the truth of their claims by hitting a
mica stone (a black colored stone used to determine
the purity of silver and gold). Because in many cases,
envious people and gossipers either blindly or greedily
weave a lie, pretend it is real and achieve their goals. If
the elders of the village and the elders of the city
oppress a person of a lower rank, they should impose
a fine commensurate with that oppression and the
fault of each person. If the leaders and governors
oppressed the people and ruined them, let them be
punished. If someone's sin is proven, if they take a fine
from him, then they should not flog him again. If they
punish with whipping, they should not take a fine from
him" [6].
As we have seen, at first, in sentencing matters, special
emphasis was placed on the imposition of only one
sentence for the crime committed.
The general principles of sentencing are specified in
the first part of Article 54 of the Criminal Code of the
Republic of Uzbekistan, and in the second part, the
circumstances to be taken into account by the court
when sentencing are listed.
We considered it appropriate to analyze the opinions
of scientists about punishment by dividing them into
four groups.
Although the scientists of the first group distinguished
the general principles of sentencing and the
circumstances to be taken into account in sentencing
as separate topics, they did not distinguish them as
concepts [7].
In the works of Russian scientists, the general
principles of sentencing and the circumstances taken
into account in sentencing are not separated as legal
categories. In particular, in commentaries on the
Russian Criminal Code, when commenting on the
general grounds for sentencing, it is limited to
commenting on the circumstances that should be
taken into account by the court in sentencing with the
general grounds provided by the law [8]. In particular,
while A.I. Rarog emphasizes the approach to the
circumstances taken into account by the court from
the point of view of individualization of the
punishment, he does not define the circumstances
taken into account when imposing the punishment [9].
However, this category is also mentioned in the second
part of the article, which is known as the general
grounds of sentencing. A similar situation is observed
in the works of other Russian scientists [10]. Scholars
of this group define the general principles of
sentencing as the basic requirements established by
law that must be followed by the court when
sentencing each defendant, stressing that the general
principles of sentencing are recognized as legality,
justice and individuality of punishment, and the general
principles of sentencing lists the following cases as:
-
the maximum term of punishment does not
exceed the limit established for a specific crime;
-
the individualization of the punishment, at the
same time, scientists belonging to this group
include in these cases the degree and nature of the
social danger of the crime committed, the
personality of the guilty person, as well as all social
characteristics, all aggravating and mitigating
Volume 03 Issue 03-2023
11
International Journal Of Law And Criminology
(ISSN
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VOLUME
03
I
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03
Pages:
08-16
SJIF
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FACTOR
(2021:
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(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
circumstances, family conditions of the guilty
person [11].
Scholars of the second group emphasize that the
general basis of sentencing is related to the principles
of criminal law. In particular, M. Rustamboev said that
the general principles of sentencing are primarily
related to the principles of the criminal law, that Article
10 of the Criminal Code of the Republic of Uzbekistan
states that "every person who is found to have the
elements of a crime must be held accountable", with
the principles of Articles 4-10 of the Criminal Code
stating that the imposition of punishment is directly
related, it is emphasized that the punishment or other
legal impact measure applied to a person guilty of a
crime should be fair as an example of his opinion. That
is, the general principles of sentencing should be in
accordance with the level of social danger of the crime,
and the court emphasizes the consideration of a
number of issues of sentencing in accordance with the
provisions of the General Part, within the framework
defined in the article on responsibility for committing a
crime of the Special Part of the Criminal Code [12].
D.J.Suyunova and B.D.Akhrorov, while analyzing the
problems of sentencing, showed that, first of all, in
sentencing, all principles of criminal responsibility,
including legality, equality of citizens before the law,
democracy, humanity, justice, and the inevitability of
responsibility should be followed [13]. At this point, it
is worth noting that the debate among most scholars
whether all the principles of the General part of the
Criminal Code apply to the general principles of
sentencing is still unresolved. Some, including T.V.
Nepomnyashiy, believe that the principles of humanity,
justice, and legality of criminal law belong to the
general basis of sentencing, while other scientists
support the view that not all principles of criminal law,
but only the differentiation of punishment is the
general basis of sentencing. Other principles such as
legality, humanity, and justice are universal legal
principles.
M. Usmonaliev put forward a similar opinion, according
to the general principles of punishment: firstly, it is
related to the general principles of the criminal law;
secondly, the general basis of sentencing is that the
court imposes a sentence in accordance with the
provisions of the General Part within the framework
defined in the Article of the Special Part of the Criminal
Code, which provides for responsibility for committing
a crime; thirdly, another general basis for the imposed
punishments is that it states that the punishment must
be imposed in accordance with the norms of the
general part of the criminal law[14].
It is noteworthy that the scholars of the third group,
when they say the general grounds of sentencing, list
all the grounds taken into account in sentencing as
general grounds [15]. Including N.P. Pechnikov and V.N.
Chernyshov indicated the following factors as the
general basis for sentencing:
1)
the issue of a person's guilt is decided only by
the court;
2)
appointment of one of the types of
punishments provided for in the relevant
article of the Special Part of the Civil Code;
3)
taking into account all norms and principles of
the General Part of the Criminal Code (justice,
inevitability of responsibility, humanity, etc.)
when imposing punishment;
4)
taking into account the nature of the crime and
the level of social danger when imposing a
punishment;
5)
presence of mitigating and aggravating
circumstances;
6)
marital status of the guilty person.
Volume 03 Issue 03-2023
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Publisher:
Oscar Publishing Services
Servi
According to V. Duyunov, the general basis of
sentencing is a set of rules of principle importance in
assigning any type of punishment for any crime
provided by the court [16].
M.I. Bajanov emphasizes that the general principles of
sentencing are the criteria set by the law that the court
should follow when sentencing in each specific case
[17]. V.P. Malkov defined the general principles of
sentencing as the initial rule formed in the current
criminal legislation, which must be followed by the
court in each specific case. G.S. Gaverov described the
general grounds of sentencing as the requirements
established by the criminal law, which must be based
on the court's sentencing [18].
Scholars in the fourth group connect the general
principles of sentencing with the process of applying
the sanctions of the criminal law. This also follows from
the content of the law. According to Part 1 of Article 54
of the Criminal Code of the Republic of Uzbekistan,
"...the court shall impose a punishment in accordance
with the provisions of the General Part within the
framework specified in the Article of the Special Part of
this Code, which provides for responsibility for
committing a crime."
M. Kh. Rustamboev stated that the legal consequence
of committing a crime in accordance with the
provisions of the criminal law is the imposition of
punishment, where each crime must require the
application of only one main punishment, the special
solution of this issue does not correspond to the
principles of humanity and justice [19]. In our opinion,
consistent adherence to the general principles of
sentencing, uniform application of the law and
consistency of judicial practice should serve to ensure
fair sentencing by the court.
The opinions put forward about the general grounds of
sentencing are almost similar, and the general grounds
of sentencing are legal requirements that must be
taken into account by the court when setting a
sentence and at the same time stem from the
principles of the criminal law.
The general principles of sentencing include mitigating
and aggravating circumstances to be taken into
account in sentencing [20]. Also, when we analyzed
the verdicts on the punishments imposed on several
crimes and several verdicts, we witnessed cases where
the punishment was imposed without taking into
account the previous and subsequent behavior of the
defendant, the living conditions of the defendant.
Regarding the general issues of sentencing, the
Supreme Court, while making a separate comment on
each of the circumstances that are taken into account
when imposing a punishment, which is strengthened in
the criminal law, interpreted the scope of the
circumstances that are taken into account when
imposing a punishment in a wider way, and the object
of the crime is an attack on the nature of social danger
(human life and health, property, public safety and
etc.), explains the form of guilt, which category of the
criminal act is included in the law (Article 15 of the
Criminal Code) [21].
The level of social danger of a crime, unlike the nature
of social danger, includes the circumstances of the
crime, i.e., the level and stages of the realization of the
criminal intent, the method of committing the crime,
the amount of damage or the severity of the
consequences, the role of the defendant in the crime
committed in participation [22].
The level of social danger of crime is an indicator of this
quantity. The type and amount of the sanction is
Volume 03 Issue 03-2023
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Publisher:
Oscar Publishing Services
Servi
determined by the article of the Special Part of the
Criminal Code. The social danger of the crime is
determined by the object of the attack. This is a
necessary sign for qualification. If the objective factors
describing the person of the culprit include age,
gender, pregnancy status, his conviction, behavior in
the family, society, occupation, state or social status
are included in the social factors [23].
In addition, mitigating circumstances in sentencing in
criminal law are one of the controversial issues in the
scientific circle of jurists. The relevance of mitigating
circumstances in sentencing is explained by the fact
that the decision of the Plenum of the Supreme Court
of the Republic of Uzbekistan "On the practice of
sentencing by courts for crimes" and Article 55 of the
Criminal Code do not limit the scope of mitigating
circumstances. Therefore, during sentencing, other
circumstances not specified in this article may be taken
into account as mitigating circumstances (for example,
the first time a crime of low social danger is committed,
the defendant has a young child, the crime is
committed due to showing mercy to someone, the
perpetrator directly committed the crime then
providing medical or other assistance to the victim,
etc.). The conclusion that such a situation is considered
mitigating must be justified in the sentence [24].
Circumstances mitigating the punishment are the
circumstances that reduce the level of social danger of
the committed crime and the person who committed
the crime and are the basis for imposing a lighter
punishment. The Criminal Code of Uzbekistan (Article
55) provides a list of mitigating circumstances. It is not
strict, and the court may consider other circumstances
not specified in this article as mitigating circumstances
when sentencing the guilty party. Macalan, the
presence of young children in the care of the
perpetrator, elderly or disabled parents are mitigating
circumstances. Mitigating circumstances are not part
of the crime, but are outside of it. If two or more crimes
were committed and a person pleaded guilty to some
of them, this circumstance is taken into account as a
mitigating factor only at the time of sentencing for the
crimes for which the plea was filed [25]. There is no firm
consensus on the scope of mitigating circumstances by
the court in sentencing. In this regard, a group of
scientists believes that it is necessary to clearly define
the scope of mitigating circumstances when imposing
punishment. Partially agreeing with this opinion, it is
necessary to expand the range of mitigating
circumstances in sentencing based on the views of
scientists and the analysis of court judgments. Based
on this opinion, it is proposed to add the following to
Article 55 of the Criminal Code.
Article 55. Mitigating circumstances:
1)
plead guilty, show sincere remorse, or actively
assist in solving a crime;
2)
reconciliation with the victim (civil claimant);
3)
voluntary elimination of material damage caused
by crime;
4)
providing medical or other assistance to the victim
after the crime has been committed;
5)
committing a crime due to difficult personal and
family conditions or in other difficult situations;
6)
committing a crime due to coercion or financial,
service or other dependence;
7)
committing a crime in a state of strong mental
excitement caused by violence, severe insult or
other illegal actions of the victim;
8)
commiting a crime beyond the reasonable limits of
necessary defense and last necessity, causing
damage in the course of apprehending a person
who has committed a socially dangerous act;
9)
committing a crime by a minor;
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Publisher:
Oscar Publishing Services
Servi
10)
the presence of a minor child under the care of the
perpetrator;
11)
the commission of a crime by a pregnant woman;
12)
committing a crime under the influence of the
victim's illegal or immoral behavior;
13)
serious illness of the guilty party or his/her parents,
other persons replacing them, their incapacity for
work;
14)
that the guilty parent or the child has no other
breadwinner.
When imposing a sentence, the court may consider
other circumstances not provided for in this article as
extenuating circumstances.
If the mitigating circumstance is provided as a
necessary feature of the crime in the article of the
Special Part of this Code, it is not taken into account
when imposing a punishment.
REFERENCES
1.
К.Ю Розимова. Особенности цели наказания
в теории уголовного права и уголовном
законодательстве
Узбекистана
и
Великобритании.
-
Российский следователь,
2016 (K.Yu Rozimova. Features of the purpose
of punishment in the theory of criminal law and
the criminal legislation of Uzbekistan and Great
Britain. - Russian investigator, 2016)
2.
М.Усмоналиев. Жазо тайинлаш. –Т: Янги аср
авлоди, 2003.
-
120 б. (M.Usmonaliev.
Assignment of a penalty.
–
T: Yangi asr avlodi,
2003. - 120 p.)
3.
Qunduz
Rozimova.
Some
Features
of
Improving the Penal Institution for Several
Crimes in the Criminal Law of Uzbekistan in the
Fight against Corruption. Journal Of Adv
Research in Dynamical & Control. Vol. 12, Issue-
02,
2020.
–
DOI:10.5373/JARDCS/V12SP2/SP20201071
4.
Ш.М.Мирзиёев
Миллий
тара
ққ
иёт
йўлимизни
қ
атъият
билан
давом
эттириб
,
янги
бос
қ
ичга
кўтарамиз
.
Қ
онун ва адолат
устуворлигини
таъминлаш
барча
эзгу
ма
қ
садларимизга
эришишнинг
энг
му
ҳ
им
шарти
.
Суд
органлари
ходимлари
билан
учрашувдаги
нут
қ
. 2017
йил
13
июн
.
–Тошкент
:
«Ўзбекистон»
НМИУ
,
2017.
–
326
б
.
(Sh.M.Mirziyoev We will resolutely continue
our path of national development and raise it
to a new level. Ensuring the rule of law and
justice is the most important condition for
achieving all our noble goals. Speech at a
meeting with judicial officials. June 13, 2017.
–
Tashkent: NMIU “Uzbekistan”, 2017.–
326 p.)
5.
Му
ҳ
иддинова
Ф
.
Форобийнинг
ҳ
у
қ
у
қ
ий
қ
арашларида
жиноят
ва
жазо
масалаларининг
акс
этиши
//
ТДЮИ
Ахборотномаси
.
2006.
–№
1.
–
88
б
.
(Muhiddinova F. Reflection of crime and
punishment in Farobi's legal views // Bulletin of
TSU. 2006.
–
№
1.
–
p.88.)
6.
Темур тузуклари.
-
Т.: Шар
қ
, 2005.
–
Б
.87
–
89.
(Temur's rules. -T .: Sharq, 2005. - P.87
–
89.)
7.
Усмоналиев М. Жазо тайинлаш. –
Тошкент:
ТДЮИ, 2004. –
Б. 15. (Usmonaliev M.
Assignment of a penalty. - Tashkent: TSU, 2004.
- B. 15.)
8.
Комментарий
к
Уголовному
кодексу
Российской Федерации: (постатейный) /
Дуюнов В.К. и др., отв. ред. Л.Л.Кругликов. –
М.: Волтерс Клувер, 2005. –
С. 52.
(Commentary on the Criminal Code of the
Russian Federation: (article by article) /
Duyunov V.K. and others, resp. ed. L.L.
Kruglikov.
–
M.: Wolters Kluver, 2005.
–
P. 52)
Volume 03 Issue 03-2023
15
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
03
I
SSUE
03
Pages:
08-16
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
9.
Комментарий
к
Уголовному
кодексу
Российской Федерации.
- 2-
е изд., перераб. и
доп./отв. ред. Рарог А.И. –
М.: ТК Велби, Изд
-
во Проспект, 2004. –
С. 53. (Commentary on
the Criminal Code of the Russian Federation. -
2nd ed., revised. and additional / resp. ed.
Rarog A.I. - M .: TK Velby, Publishing House
Prospekt, 2004. - P. 53)
10.
Комментарий
к
Уголовному
кодексу
Российской Федерации / Отв. ред. Лебедев
В.М.
- 3-
е изд., доп. и испр. –
М.: Юрайт
-
Издат,
2004. (Commentary on the Criminal Code of
the Russian Federation / Otv. ed. Lebedev V.M.
- 3rd ed., add. and correct.
–
M.: Yurayt-Izdat,
2004.)
11.
Allanova A. Leaving and entering illegally the
Republic of Uzbekistan (instructions and
specific features) //Review of law sciences.
–
2018.
–
Т. 2. –
№. 2. –
p. 29.
12.
Рустамбоев М.Х., Тохиров Ф. Жиноят
ҳ
у
қ
у
қ
и
.
Умумий
қ
исм
.
Схема
.
–
Тошкент
, 2002.
–
Б
. 76.
(Rustamboev M.Kh., Tokhirov F. Zhinoyat
hukuqi. Umumi qism. Scheme. - Tashkent,
2002. - p. 76)
13.
Суюнова Д.Ж., Ахраров Б.Д. Проблемы
назначения наказания. Учебное пособие. –Т:
ТГЮИ, 2007. –
С. 25. Скрябин М.А. Общие
начала
назначения
наказания
и
их
применение к несовершеннолетним. –
Казань, 1988. –
С. 14; Бажанов М.И.
Назначение
наказания
по
советскому
уголовному праву. –
Киев, 1980. –
С. 14;
Велиев С.А. Принципы назначения наказания.
–
СПб., 2004. –
С. 124. (Suyunova D.Zh.,
Akhrarov B.D. Problems of sentencing.
Tutorial. -T: TGUI, 2007. - P. 25. Skryabin M.A.
General principles of sentencing and their
application to minors. - Kazan, 1988. - P. 14;
Bazhanov M.I. Appointment of punishment
under Soviet criminal law. - Kyiv, 1980. - S. 14;
Veliyev S.A. Principles of sentencing. - St.
Petersburg, 2004. - p. 124)
14.
Усмоналиев М. Жазо тайинлаш. –
Тошкент:
ТДЮИ, 2004. –
Б
. 9-11.( Usmonaliev M. Zhazo
tayinlash. - Tashkent: TDUI, 2004. - p. 9-11)
15.
Уголовное право (Общая часть) : конспект
лекций / сост.: Печников Н.П, Чернышов В.Н.
–
Тамбов : Изд
-
во Тамб. гос. техн. ун
-
та, 2006.
–
С. 30
-31. (Criminal law (General part): lecture
notes / comp.: Pechnikov N.P., Chernyshov V.N.
- Tambov: Tambov Publishing House. state
tech. un-ta, 2006. - p. 30-31)
16.
Комментарий
к
Уголовному
кодексу
Российской Федерации: (постатейный) /
Дуюнов В.К. и др., отв. ред. Кругликов Л.Л. –
Волтерс Клувер, 2005. –
С. 52 (Commentary on
the Criminal Code of the Russian Federation:
(article by article) / Duyunov V.K. and others,
resp. ed. Kruglikov L.L. - Wolters Kluwer, 2005.
- P. 52)
17.
Бажанов М.И. Назначение наказания по
советскому уголовному праву. –Киев, 1980. –
С.23
-24 (Bazhanov M.I. Appointment of
punishment under Soviet criminal law. -Kiev,
1980. -p.23-24)
18.
Гаверов Г.С. Общие начала назначения
наказания по советскому уголовному праву.
Иркутск, 1976. –С.7.( Gaverov G.S. General
principles of sentencing in Soviet criminal law.
Irkutsk, 1976. -p.7)
19.
Рустамбоев М.
Ҳ
.
Ўзбекистон
Республикаси
жиноят
ҳ
у
қ
у
қ
и
курси
. II
том
.
Умумий
қ
исм
.
Жазо
тў
ғ
рисида
таълимот
.
Олий
таълим
муассасалари
учун
дарслик
.
–
Т
.: ILM-ZIYO,
2011.
–
137
б
. (Rustamboev M.H. Course of
criminal law of the Republic of Uzbekistan.
Volume II. General section. The doctrine of
Volume 03 Issue 03-2023
16
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
03
I
SSUE
03
Pages:
08-16
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
punishment. Textbook for higher education
institutions. - T .: ILM-ZIYO, 2011. - 137 p.)
20.
Abdurasulova Kumrinisa, Zakirova Adina.
Crimes
committed
due
to
jealousy
victimological
description.
Philosophical
Readings: XIII pp. 515-528 (4). June 18, 2021.
21.
Камалова,
Дильдора
Гайратовна,
and
Наргиза
Рахимжоновна
Рахимжонова.
"Жиноятлaрни
тaснифлaш
тизими
вa
мезонлaрини тaкомиллaштиришнинг aйрим
мaсaлaлaри."
Журнал
правовых
исследований special 3 (2020).( Kamalova,
Dildora Gayratovna, and Nargiza Raximjonovna
Raximjonova. "Some Issues in Improving the
System and Criteria for the Classification of
Crimes." Journal of Legal Research Special 3
(2020))
22.
Khudaykulov F. K. Signs Of The Objective Side
Of Crime In The Theory Of Criminal Law
Belonging To The Romano-Germanic Legal
Family: Theoretical And Practical Problems
//The American Journal of Political Science Law
and Criminology.
–
2021.
–
Т. 3. –
№. 01. –
С. 57
-
62.
23.
К.Ю Розимова. Особенности цели наказания
в теории уголовного права и уголовном
законодательстве
Узбекистана
и
Великобритании.
-
Российский следователь,
2016 (K.Yu Rozimova. Features of the purpose
of punishment in the theory of criminal law and
the criminal legislation of Uzbekistan and Great
Britain. - Russian investigator, 2016)
24.
Холиков Ф. У. Ўзбекистон Республикасида
иштирокчиликда
содир
этиладиган
жиноятларни
квалификация
қ
илиш
масалалари
//Eurasian Journal of Law, Finance
and Applied Sciences.
–
2022.
–
Т. 2. –
№. 4. –
С.
16-20. (Kholikov F. U. Issues of qualification of
participatory crimes in the Republic of
Uzbekistan // Eurasian Journal of Law, Finance
and Applied Sciences. - 2022. -
Т. 2.
-
№. 4.
-
Р.
16-20.)
25.
Худайкулов
Ф.
Х.
Уголовно
-
правовые
аспекты
факультативных
признаков
объективной стороны преступления при
квалификации деяния //Право и жизнь. –
2019.
–
№. 2. –
С. 115
-122.( Khudaikulov F.Kh.
Criminal-legal aspects of optional signs of the
objective side of the crime in the qualification
of the act // Law and Life.
–
2019.
–
no. 2. -
Р. 115
-
122.)
