Volume 02 Issue 12-2022
4
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
02
I
SSUE
12
Pages:
04-08
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
OCLC
–
1121105677
METADATA
IF
–
5.489
Publisher:
Oscar Publishing Services
Servi
ABSTRACT
The article focuses on the study of the causes and circumstances of juvenile delinquency, the fight against crime
among them, the scientific improvement of methods such as the study of the identity of minors, including criminal
liability. minimum age, the impact of psychophysiological factors in determining this age, further liberalization of
criminal liability and punishment of minors, strengthening the specialization of the investigation and trial, additional
protection of the rights of minors, development of new methods of prevention and prevention of juvenile delinquency
The scientific analysis of the situation on the importance of the study of issues related to.
KEYWORDS
Prevention inspector, juvenile delinquency, law enforcement, cooperation, youth crime, demography.
INTRODUCTION
At present, a significant statistical material on juvenile
delinquency has been collected, and a methodology
for its analysis has been developed. All this allows us to
more accurately assess the state of juvenile
delinquency, its quantitative and qualitative (structural
and other) changes.
Crime statistics in Uzbekistan show that juvenile
delinquency has been growing at an average rate of 2-
Research Article
CRIMINOLOGICAL DESCRIPTION OF CRIMES COMMITTED BY MINORS
AGAINST LIFE AND HEALTH AND PRINCIPAL PRINCIPLES OF
PREVENTION
Submission Date:
December 03, 2022,
Accepted Date:
December 07, 2022,
Published Date:
December 14, 2022
Crossref doi:
https://doi.org/10.37547/ijlc/Volume02Issue12-02
Rizayev Khudoynazar Amirullo Ugli
Specialized Branch Of TSUL Lecturer At The Department Of Criminal Law, Tashkent, 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 02 Issue 12-2022
5
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
02
I
SSUE
12
Pages:
04-08
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
OCLC
–
1121105677
METADATA
IF
–
5.489
Publisher:
Oscar Publishing Services
Servi
4% every five years, according to the number of people
convicted of crimes by 2015.
Since 2016, this trend has changed significantly. In 2017-
2020, the increase in the number of registered juvenile
offenders was 8%.
For comparison, this figure was 20% in the Russian
Federation, 16.8% in Ukraine, 18.1% in Azerbaijan, 14.9%
in Kazakhstan, 9% in Turkmenistan and 9.8% in Belarus.
In 2015, more than 27,000 offenders were convicted,
including more than a thousand juveniles, representing
about 4% of the total number of convicted offenders.
In 2017, these figures were 51,602 offenders, 2,023
juveniles and 3.9%, respectively, and more than 50
juveniles were convicted by the Supreme Court.
If we look at the composition of convicts, among the
more than 2,000 offenders who committed crimes in
2018, 37 were convicted of crimes against life (Articles
97-103 of the Criminal Code) (in 1996 - 10 people). More
than 50 people committed crimes against health
(Articles 104-111 of the Criminal Code). More than 150
people were convicted of robbery and more than 40
people of aggression. More than 160 people
(representing 8% of the total number of juvenile
convicts) were given suspended sentences.
More than half of juvenile offenders are sentenced to
imprisonment.
Data on female juvenile delinquency were also
noteworthy, with 113 (5.35%) of the 2,142 juveniles
being female.
The highest level of juvenile criminal activity in recent
years was in Tashkent, Navoi, Tashkent, Syrdarya,
Namangan, Fergana, Kashkadarya, Andijan and
Khorezm regions, the lowest in Jizzakh, Surkhandarya,
Samarkand, Bukhara and Karakalpakstan. Observed in
the Republic.
The analysis of regional differences in crime rates
always shows the highest rates of juvenile delinquency
in large industrial centers. In rural areas, researchers
note more similarity in quantity and quality.
Protecting the rights and freedoms of juvenile
offenders around the world is becoming increasingly
important. In particular, according to the UN
Convention on the Rights of the Child of November 20,
1989, "any action (or omission) against a child must be
directed primarily at protecting his or her interests."
Juveniles account for 30-40% of all crimes committed in
different countries, including 40% in the United
Kingdom, 32% in the United States, and 38% in Germany.
The decline in crime by 3% per year over the last twenty
years indicates the need to improve activities related
to the criminological description of juvenile
delinquency and the priorities for their prevention.
As one of the priorities in the development of the social
sphere "Liberalization of criminal penalties for minors,
strengthening their legal protection in the conduct of
proceedings and improving the structure of district
(city) law enforcement agencies, strengthening their
activities in dealing with minors" It is important to
study this area.
PF-4850 of the President of the Republic of Uzbekistan
dated October 21, 2016 "On measures to further reform
the judicial system, strengthening the guarantees of
reliable protection of the rights and freedoms of
citizens", No. 7 of 2017 Decree No. PF-4947 of February
14, 2018 "On the Action Strategy for the further
development of the Republic of Uzbekistan", May 14,
2018 "On measures to radically improve the system of
Volume 02 Issue 12-2022
6
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
02
I
SSUE
12
Pages:
04-08
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
OCLC
–
1121105677
METADATA
IF
–
5.489
Publisher:
Oscar Publishing Services
Servi
criminal and criminal procedure legislation" Tasks
specified in the decision No. PP-3723.
Criminologists describe the total number and
proportion of children and adolescents who
characterize the region by the level of juvenile
delinquency; the proportion of able-bodied minors
who do not work or study; the share of convicts,
persons who commit domestic offenses (pianists,
hooligans, etc.); found a consistent correlation
between indicators such as the proportion of
individuals on different medical lists (alcoholism, drug
addiction, mental illness, etc.).
Regional differences in juvenile delinquency have been
found to be closely linked to broken families.
According to the same indicator, the number of
divorced couples in the regions with the lowest and
highest rates of juvenile delinquency is almost
completely the same. This allows using the indicators
of family instability as one of the main criteria in
choosing the priorities of educational work with
minors.
Structural analysis of juvenile delinquency is
particularly common in criminology. It includes crimes
such as premeditated murder, grievous bodily harm,
rape, aggression, robbery, theft, and hooliganism.
There is a growing number of cases of possession and
use of firearms, resistance to law enforcement officers
and disobedience to their legal requirements.
Juvenile delinquency has previously been a major
crime, including: arms and drug trafficking;
prostitution or conspiracy; aggression; fraud; theft of
goods is becoming more common.
Juvenile delinquency has always been largely gang-
related. The share of juvenile delinquency is about 1.5-
5 times higher than that of adult crime and accounts
for 20-80% of total juvenile delinquency.
Positive and negative group behavior based on age,
psyche, and other personal characteristics is normal for
minors.
In recent years, there has been an increase in the
number of juvenile delinquent groups. The age
difference of three-fifths of the total groups of
participants further enhances their propensity for this
activity, leading to its further activation. The process of
juvenile delinquency is also active. These groups are
expanding their social base to be filled at the expense
of unemployed, small-scale businesses, as well as
adolescents who have returned from prisons and are
unable to find their place in life.
Adolescents from low-income families are increasingly
involved in the shadow economy and organized crime.
Organized crime leaders are happy to bring teenagers
into their sphere of influence and control their
professional criminal formation and growth.
The personal characteristics of juvenile offenders are
also noteworthy. Almost all researchers note that the
majority of offenders in this category are teenagers
who do not have a regular source of income (do not
work or study).
According to various estimates, 38.3% of juvenile
offenders are schoolchildren, 11.4% are employed, and
about 30% do not have a regular source of income.
As a rule, a juvenile is required to undergo correctional
work at his / her place of work. From the point of view
of the upbringing of a juvenile convict, it is advisable to
arrange for correctional work to take place at the place
where he works. If the offender does not work
anywhere, the sentence is transferred to another
Volume 02 Issue 12-2022
7
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
02
I
SSUE
12
Pages:
04-08
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
OCLC
–
1121105677
METADATA
IF
–
5.489
Publisher:
Oscar Publishing Services
Servi
location in the area determined by the enforcement
agency, but he resides, and is deducted from ten
percent to thirty percent of the salary to state revenue.
If the convict does not have a place of residence, he
shall serve his sentence at the place of work
determined by the penitentiary inspectorate in the
area where the sentence was passed.
Chapters XV-XVI of the sixth section of the Criminal
Code of the Republic of Uzbekistan define the
"specifics of the responsibility of minors." These
chapters reflect the system of punishment imposed on
minors, the rules of sentencing, cases of exemption
from liability and punishment. We know that in the
former Soviet Union, enough attention was paid to the
prevention and fight against juvenile delinquency
(despite some shortcomings), but the norms of the
Criminal Code aimed at preventing such crimes have
never been systematized. case, as in our present code,
was not given in a separate section. While the norms
set out in it contain general rules of criminal liability,
the types of penalties for juvenile delinquency have
been significantly improved, the court's sentencing has
shown that the juvenile's level of mental development,
living conditions and upbringing, health, Article 7 of the
Criminal Code of the Republic of Uzbekistan stipulates
that, given the reasons for the crime, the age of the
elderly and the place of the situation in the crime, is an
example of the application of this principle of humanity
in practice.
We also find in the Roman Laws of Table XII that when
slaves committed crimes committed by minors, the
punishment for their actions by the state was much
more lenient than the punishment for adults.
In 1989, the UN General Assembly adopted the
Convention on the Rights of the Child, which contains
a number of provisions for the protection of the rights
of juvenile offenders and juveniles. According to the
Convention, children are persons under the age of
eighteen.
If the convict refuses to serve the sentence, the court
shall replace the unserved period of compulsory
community service with a sentence of restriction of
liberty or imprisonment, counting four hours of
compulsory community service as one day of
deprivation of liberty or imprisonment. The time of
refusal to serve the sentence shall not be included in
the term of the sentence.
According to Article 83 of the Criminal Code of the
Republic of Uzbekistan, correctional work for juveniles
can be carried out only in the workplace for able-
bodied minors. is appointed for a period of one month
to one year as a transfer to other places in the region.
If a juvenile refuses to serve more than one-tenth of
the prescribed sentence, the court shall consider the
unserved part of the sentence to be equal to one day
of restriction of liberty or imprisonment for each of the
three days of correctional work. , replaces it with a
penalty in the form of restriction of liberty or
imprisonment.
Correctional work is a punitive measure in the form of
compulsory employment of a convicted person for a
period determined by a court decision and collection of
a certain amount of interest from his salary in favor of
the state.
As a rule, a juvenile is required to undergo correctional
work at his / her place of work. From the point of view
of the upbringing of a juvenile convict, it is advisable to
arrange for correctional work to take place at the place
where he works. If the offender does not work
anywhere, the sentence is transferred to another place
in the area determined by the enforcement agency, but
Volume 02 Issue 12-2022
8
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
02
I
SSUE
12
Pages:
04-08
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
OCLC
–
1121105677
METADATA
IF
–
5.489
Publisher:
Oscar Publishing Services
Servi
in the area where he lives, and is deducted from ten
percent to thirty percent of the salary to state revenue.
If the convict does not have a place of residence, he
shall serve his sentence at the place of work
determined by the penitentiary inspectorate in the
area where the sentence was passed.
Persons who have committed a minor socially
dangerous crime as a juvenile, who have committed a
negligent crime, or who have committed a less serious
intentional crime shall not be sentenced to
imprisonment. At the time of sentencing, persons over
the age of eighteen are sentenced to imprisonment in
correctional facilities.
In order to liberalize the law and reduce the penalties,
many laws and regulations are being adopted in our
country, as well as in the prosecution and punishment
of juvenile offenders, including Article 85 of the
Criminal Code of the Republic of Uzbekistan.
Paragraph "a" of the first, second and third parts is
excluded, issued by the Law of the Republic of
Uzbekistan.
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