Volume 03 Issue 11-2023
6
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
03
ISSUE
11
Pages:
6-9
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
ABSTRACT
The article is devoted to improving the criminal justice protection of cultural property, considered the national wealth
of the Republic of Uzbekistan, which explores the current state of crimes committed against cultural property, in
particular their forgery, illegal possession and illegal transfer from the border of the Republic, the system of regulatory
legal acts regulating social relations protecting cultural property. A comparative analysis of the Criminal Legislation of
foreign countries, in which the responsibility for the illegal transfer of objects of cultural heritage from the border of
the Republic is established. As a result of the analysis, the Criminal Code of the Republic of Uzbekistan proposed to
establish criminal liability in a special norm for the illegal transfer of cultural property from the border of the Republic.
KEYWORDS
Cultural assets, objects of cultural heritage, criminal liability, customs control, state border, differentiation, social
relations.
INTRODUCTION
Uzbekistan is famous as a country with a rich historical,
cultural and natural heritage, a colorful nature. As a
multi-ethnic society located on the Great Silk Road,
culture has been here for centuries flourished.
Moreover, for Uzbekistan, cultural heritage is a
national source of identity and pride, the protection
and promotion of which is in the attention of our state.
According to the cultural heritage agency of the
Republic of Uzbekistan, the number of registered
places of interest is 532, monumental art monuments
–
678, architectural monuments
–
2,252, real estate
objects of material cultural heritage
–
8,210,
archaeological monuments
–
4,748 [1]. These figures,
Research Article
FUNDAMENTALS OF CRIMINALIZATION OF ACTS RELATED TO THE
ILLEGAL REMOVAL AND IMPORTATION OF CULTURAL PROPERTY
FROM THE REPUBLIC OF UZBEKISTAN
Submission Date:
November 01, 2023,
Accepted Date:
November 05, 2023,
Published Date:
November 09, 2023
Crossref doi:
https://doi.org/10.37547/ijlc/Volume03Issue11-02
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
7
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
03
ISSUE
11
Pages:
6-9
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
of course, can not be conclusive, but grow as new
cultural assets are identified as a result of research and
research carried out by experts in the field.
During the video selector meeting held by the
President of the Republic of Uzbekistan Sh.M.
Mirziyoev on expanding the scope of tourism services
and developing its infrastructure, it was noted that
more than 3,000 rare and unique cultural treasures
were looted in 14 museums across the republic,
including a total of 31.5 billion soums in the Bukhara
State Museum. He noted that 81 cultural treasures
were replaced by fakes, that a total of 101 museum
objects in the "Ichan-Qal'a" state museum fund were
not authentic, and that the amount of damage caused
to cultural heritage objects in 30 years exceeded 4
trillion soums [2].
Legal protection of cultural property in the Republic of
Uzbekistan is carried out on the basis of the following
regulatory legal acts:
By the decision of the Oliy Majlis of the Republic of
Uzbekistan No. 180-I of December 22, 1995 "On
Accession to the Convention on the Protection of
Cultural Property in the Event of Armed Conflict signed
in 1954", the Convention on the Protection of Cultural
Property in the Event of Armed Conflict of 1954 was
joined based on [3] ;
By the decision of the President of the Republic of
Uzbekistan No. PP-1385 dated August 5, 2010 "On the
approval
of
international
agreements",
the
"Agreement of the Commonwealth of Independent
States on Combating the Looting of Cultural Values and
Ensuring Their Return" dated October 5, 2007 was
approved[4 ].
It is worth noting that the protection of cultural assets
and their circulation in the Republic of Uzbekistan is
governed by the Law of the Republic of Uzbekistan No.
269-II dated August 30, 2001 "On the Protection and
Use of Cultural Heritage Objects", the Law of the
Republic of Uzbekistan dated August 29, 1998 "Export
and Import of Cultural Assets" on" is regulated by Law
No. 678-I.
Under Section 8 of the cultural property importation
and Importation Act:
-
cultural features created fifty years ago and even
earlier;
-
cultural features included in state conservation
lists and registers;
-
it is forbidden to remove cultural property from the
Republic of Uzbekistan, which is permanently
stored in museums, information and library
institutions, archives, departmental archives and
other warehouses.
30 August 2001" on the protection and use of cultural
heritage sites " of the Republic of Uzbekistan
Law of the Republic of Uzbekistan dated August 30,
2001 "On the protection and use of cultural heritage
objects"
According to Article 36 of the Law No. 269-II, it is
established that the persons guilty of violating the
legislation on the protection and use of cultural
heritage objects shall be liable in the prescribed
manner, while the Law 678-I of the Republic of
Uzbekistan dated August 29, 1998 "On the export and
import of cultural assets" According to Article 23 of
Law no.
Today, the responsibility for actions related to the
illegal removal of objects of material and cultural
heritage from the Republic of Uzbekistan, non-return
to the territory of the Republic of Uzbekistan is
assessed as a violation of customs rules and is duly
Volume 03 Issue 11-2023
8
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
03
ISSUE
11
Pages:
6-9
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
resolved by the code of administrative responsibility or
the Criminal Code.
To date, by F.F. Abdukodirov`s "P.132 1. Expressed in
filling with a separate norm determining liability for"
unlawful possession of monuments or documents of
historical, scientific, artistic or other cultural value " [5]
or T.X.Khasanov's new "article 169 1. Proposals
expressed in establishing responsibility for the"
unlawful possession of objects of special value " have
been made, and it has been put forward that the
encroachments on social relations protecting objects
of material and cultural heritage should be protected
by a separate norm [6].
It is known that, like every industry, in improving any
institution of criminal law, it is important to implement
the positive experience of developed foreign countries
into national legislation. Therefore, it is advisable to
analyze what responsibility certain states that are
members of the Commonwealth of independent
states, where criminal law is similar, have been
established in criminal law to illegally transfer cultural
property from the state border.
226 of the Criminal Code of most CIS countries, in
particular the Russian Federation [7], of the Criminal
Code of the Republic of Ukraine
Article 215 [8], article 206 of the Criminal Code of the
Republic of Azerbaijan [9], Article 248 of the Criminal
Code of the Republic Of Moldova [10], Article 254 of
the Criminal Code of Turkmenistan [11], of the Criminal
Code of Armenia
Article 215 [12], Article 285 [13] of the Criminal Code of
the Kyrgyz Republic defines the illegal removal of
cultural property from the state border in violation of
the established procedure as the subject of the crime
of smuggling. This served to establish more severe
criminal liability for the unlawful removal or
importation of material cultural heritage objects from
the state border, in violation of the established order
of the property from the state border.
Part 2 of Article 203 of the Criminal Code of the
Republic of Kazakhstan, which provides for the
responsibility for “the destruction, injury and transfer
of objects of special value”, establishes liability in a
separate norm for the unlawful removal of cultural
property and objects of national cultural heritage
outside the territory of the Republic [14].
Article 173 of the Criminal Code of the Republic of
Uzbekistan stipulates responsibility for the intentional
destruction of property, while Article 132 of the
Criminal Code stipulates responsibility for the
destruction, destruction or damage to objects of
material cultural heritage. It can be seen that in our
national criminal law, responsibility for destruction,
destruction or damage to objects of material cultural
heritage is distinguished from responsibility for
intentional destruction of property [15].
In our opinion, the main direct object of actions related
to the illegal removal of material assets from the
Republic of Uzbekistan should be considered not social
relations providing normal customs activities, but
social relations protecting material cultural assets.
Based on the above, it is proposed to supplement the
Criminal Code of the Republic of Uzbekistan with a new
article of the following content:
" Article 1821. Illegal transfer of material and cultural
assets across the customs border of the Republic of
Uzbekistan”
The transfer of material and cultural assets from the
customs border of the Republic of Uzbekistan using
documents made by deception or without a permit,
without a declaration or written in another name, using
Volume 03 Issue 11-2023
9
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
03
ISSUE
11
Pages:
6-9
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
584
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
a declaration, avoiding customs control or hiding from
customs control or resembling customs documents or
tools,
-
punishable by imprisonment for five to ten years.”
Taking into account this proposal will serve to
strengthen the criminal law protection of material and
cultural heritage objects in the future, to establish
proper criminal liability for socially dangerous acts
related to the transfer of material and cultural heritage
objects through the customs border, bypassing
customs control or hiding from customs control or
using documents made to resemble customs
documents or tools by deception or without a permit,
REFERENCES
1.
The official website of the Cultural Heritage Agency
of
the
Republic
of
Uzbekistan:
https://madaniymeros.uz/.
2.
Video selector meeting held by the President of the
Republic of Uzbekistan Sh.M. Mirziyoev on
expansion of the scope of tourism services and
development
of
infrastructure:
https://president.uz/uz/lists/view/5155.
3.
Convention on the Protection of Cultural Property
in the Event of Armed Conflict signed in 1954
https://lex.uz/docs/2688601.
4.
Agreement of the states of the Commonwealth of
Independent States on combating the looting of
cultural values and ensuring their return
https://lex.uz/docs/1802298.
5.
F.F. Abduqadirov Improvement of criminal-legal
measures to combat robbery // Doctoral
dissertation of philosophy on legal sciences:
Tashkent - 2022. 77 p.
6.
T.K.
Khasanov
Criminal
responsibility
and
prevention of theft: yu.f.f.d. (PhD) Diss. abstract -
T., 2019. - B.18.
7.
Criminal Code of the Russian Federation:
http://www.consultant.ru
/document/cons_doc_LAW_10699/.
8.
Ugolovnyy
kodeks
Ukrainy:
http://www.consultant.ru/document/cons
_doc_LAW_10699
/9164e
eb910585b91c4cabcf22804cc33e804a316/
9.
Criminal Code of the Republic of Azerbaijan:
http://continent-
online.com/Document/?doc_id=30420353.
10.
Criminal Code of the Republic of Moldova
http://continent-
online.com/Document/?doc_id=30394923#pos=22
28;-48.
11.
Criminal Code of the Republic of Turkmenistan //
http://continent-
online.com/Document/?doc_id=31295286.
12.
Criminal Code of the Republic of Armenia:
http://www.parliament.am/legislation.php?ID=134
9&lang= rus&sel=show.
13.
Criminal
Code
of
the
Kyrgyz
Republic//
https://online.zakon.kz/document.
14.
Criminal Code of the Republic of Kazakhstan //
https://online.zakon.kz/Document/?doc_id=315752
52.
15.
Criminal Code of the Republic of Uzbekistan:
https://lex.uz/docs/111453.
