This article is devoted to features of appointment of punishment on recurrent crimes. The author of the article analyses theoretical approaches to concept of “recurrent crimes”. At the same time in the article described features of appointment of punishment on recurrent crimes. As a result of the article there are developed offers and the recommendation on improving current penal legislation.
This article analyses the notion of stages of commiting a crime, its criminal-legal characteristics and the retrospective development of norms that criminalise offences.
In this regard, it illustrates the development of a theory and legislation. After a careful examination it is argued that there isn’t a specific definition of stages of crime. Furthermore, it problematises the need for a precise notion of the stages of crime and its distinct character from inchoated crimes. Because there is no united approach on the stages of crime, as well as, its internal division it is hard to implement a single state policy in that respect.
Although there isn’t a specific definition, article argues, it is appropriate to identify a precise definition, make a distinction of stages of crime from inchoated crime. This is important to the extent of gravity of crime and the fact that some of them might be inchoated offences
In the introductory part of the article the author considers the concept of attempt of a crime. In the basic part kinds of attempts of a crime are comprehensively considered. In the conclusion the author gives his opinion and offers on improvement of the current legislation.
It is known that the lexicology of Arabic language has not been deeply studied by orientalists of Uzbekistan as compared to other fields of the Arabic linguistics. Therefore, the article examines legal terms and particularly the terms of criminal law in the Arabic language that are considered to be important lexical layer of this sphere today. In the research work, the concept of terminology, legal terms, criminal law terms, and the history of the legal language of the Arab countries that have passed certain historical stages, as well as examples from the Qur'an and hadiths, which are considered as the main pillars of the fiqh methodology, have been discussed on the basis of the analysis of scientific literature. In verses (ayats) of the Qur'an Karim Sura, there are a number of laws related to different areas of law, including criminal law, which are enriched with the concepts of religious law. In the Qur'an, several types of grave crimes are mentioned. In particular, theft, robbery, premeditated murder, infliction of bodily harm, bribery, adultery, slander, espionage, rebellion, alcohol consumption, deliberate murder of a child by its own parents, danism, etc. In this regard, the Qur'an and Hadiths have been considered as factors affecting the formation of the Arabic legal language. The Sunnah, which is considered to be the second source of Islam, also contains a number of terms related to criminal law. Authentic hadiths reflecting the criminal law and punishment issues in Imam al-Bukhari's collection of Al - Jame'as-sahih hadiths, have been studied as the object of research. In the Hadith collections named" Golden sets: Sahihul Bukhari", parts 3 , 4 and 8 also contain hadiths that describe the types of crimes and the issues which are subject to punishment. The article from "The Book (chapter) of Hadds" contains Hadiths by the Prophet Mohammed about punishment for consumption of wine and commission of thievery. In turn, "The Book on Witnessing" includes Hadiths about testimonies of the hidden witness, honest witnesses and false testimonies. Furthermore, "The Book of Diyakh", besides the descriptions of details of concrete crimes that existed in the period of the Prophet Mohammed, also contains Hadiths about punishments for premeditated murder, infliction of bodily harm and other criminal actions. Issues of law and fiqh as well as the terms provided in ayats of the Koran, Hadiths and Sunnah have been substantiated by a number of examples which served as the basis for creation and formation of criminal law terms in the Arabic language.
The criteria for imposing sanctions for the crime has always attracted the attention of scientists. This issue is complicated by the fact that the criminal legislation of Uzbekistan, there are principles that must be respected in determining sanctions. In this article we will try to examine the observance of the proportionality of penalties provided for in the sanctions of the crime.
In this article, the author analyzes the theoretical and practical problems associated with uncompleted crimes, offers to improve the application of criminal law norms.
The aim of the research consists in development of offers and recommendations about further improvement of criminal-legal and criminological measures of fight against crimes in the sphere of information technologies and safety.
The object of the research work is the system of the public relations regulating criminal-legal, criminological and organizational measures for counteraction to crimes in the sphere of information technologies and safety.
The scientific novelty of the research consists of the following:
the expediency of establishment of administrative responsibility for violation of personal privacy at compliance with the law about protection of private life, ensuring protection of the rights of citizens and also completion of legal gaps is proved;
need of establishment of responsibility for infringement of personal privacy in article 1411 Criminal Code of the Republic of Uzbekistan when ensuring criminal legal protection of personal privacy and inevitability of responsibility is proved;
for ensuring the principles of justice and humanity in the criminal legislation the expediency of awarding punishment in the form of restriction of freedom on the persons who have committed crimes in the sphere of information technologies is proved;
high degree of public danger of some crimes (illegal activities for attraction of money and (or) other property (article 1881 of CK), production, storage, distribution or demonstration of the materials containing threat of public safety and to public order (article 2441 of CK)) committed with use of networks of telecommunications and the Internet is explained;
establishment of responsibility for bringing to suicide and inducement to suicide with use of networks of telecommunications and the Internet is proved;
need of introduction of responsibility of the blogger for placement of public negative information of a certain look for the Internet is proved;
inadmissibility of use of personal data of the participants at implementation of electronic commerce for who aren't provided by the contract, need of nondisclosure of the specified data are proved;
establishment of the ban on distribution among children of the information justifying illegal behavior and promoting commission of offense, calling for promotion of the destructive ideas in society and also responsibility for the specified acts is offered;
expediency of application of a method of «confidential dialogue» concerning the persons who have committed information crimes, need of implementation of inquiry, the investigation and preventive measures proceeding from their psychological state are specified;
need of recognition of the actions exerting negative impact to life, health and morality of the personality, made with use of means of information technologies as socially dangerous act is offered.
Implementation of research results. The results of the study are used:
the proposal on establishment of administrative responsibility for violation of personal privacy has found the reflection in article 461 of the Code of the Republic of Uzbekistan about the administrative liability entered by the Law of the Republic of Uzbekistan of September 23, 2016 No. ZRU-411 (the act of Committee on the legislation and the judicial-legal matters of the Legislative Chamber of the Oliy Majlis of the Republic of Uzbekistan from September 28, 2016, No. 06/1-05/1148-vkh). This change provides compliance with the law about personal privacy, protection of the rights of citizens and also completion of a legal gap in the legislation;
the proposal on establishment of criminal liability for violation of personal privacy has found the reflection in article 1411 of the Criminal code of the Republic of Uzbekistan entered by the Law of the Republic of Uzbekistan of September 23, 2016 No. ZRU-411 (the act of Committee on the legislation and the judicial-legal matters of the Legislative Chamber of the Oliy Majlis of the Republic of Uzbekistan from September 28, 2016, No. 06/1-05/1148-vkh). Establishment of criminal liability for commission of the act breaking personal privacy provides criminal legal protection of private life of the person and inevitability of responsibility;
offers on expediency of awarding punishments in the form of restriction of freedom concerning the persons who have committed crimes in the sphere of information technologies, have found the reflection in articles 2781-2786 Criminal Code of the Republic of Uzbekistan according to the Law of the Republic of Uzbekistan from August 10, 2015 No. ZRU-389 (the act of Committee on the legislation and the judicial-legal matters of the Legislative Chamber of the Oliy Majlis of the Republic of Uzbekistan from July 2, 2018, No. 06/1-05). This offer serves purpose of alternative punishment for crimes in the sphere of information technologies;
high degree of public danger of commission of some types of crimes with use of networks of telecommunications and the Internet has found reflection in article 1881, the «g» point of third part of article 2441 Criminal Code of the Republic of Uzbekistan according to the Law of the Republic of Uzbekistan of April 25, 2016 No. ZRU-405 (the act of Committee on the legislation and the judicial-legal matters of the Legislative Chamber of the Oliy Majlis of the Republic of Uzbekistan from July 2, 2018, No. 06/1-05). According to this offer criminal liability for use of information technologies in criminal intents has been established;
responsibility for bringing to suicide, the inducement to suicide made with use of networks of telecommunications and the Internet have been established in article 103 and 1031 Criminal Code of the Republic of Uzbekistan according to the Law of the Republic of Uzbekistan of June 13, 2017 No. ZRU-436 (the act of Committee on the legislation and the judicial-legal matters of the Legislative Chamber of the Oliy Majlis of the Republic of Uzbekistan from July 2, 2018, No. 06/1-05). This offer has served establishment of criminal liability for the information attacks encroaching on human life;
regulations on responsibility of the blogger for dissemination of public negative information of some look on the Internet are introduced in articles 3 and 121 of the Law of the Republic of Uzbekistan from December 11, 2003 No. 560-II «About informatization» (the act of Committee on questions of innovative development, information policy and information technologies of the Legislative Chamber of the Oliy Majlis of the Republic of Uzbekistan from July 2, 2018, No. 05/2-01-71). This offer serves prevention of various crimes committed with use of the Internet;
offers on inadmissibility of use of personal data of the participants at implementation of electronic commerce for who aren't provided by the contract need of nondisclosure of the specified data have found the reflection in article 18 of the Law of the Republic of Uzbekistan of May 22, 2018 No. ZRU-385 «About electronic commerce» (the act of Committee on questions of innovative development, information policy and information technologies of the Legislative Chamber of the Oliy Majlis of the Republic of Uzbekistan from July 2, 2018, No. 05/2-01-71). This offer became a basis for the ban illegal use of personal data from participants of electronic commerce;
offers on establishment of the ban on distribution among children of the information justifying illegal behavior and promoting commission of offense, calling for promotion of the destructive ideas in society and also responsibility for the specified acts are introduced in article 16 of the Law of the Republic of Uzbekistan of September 8, 2017 No. ZRU-444 «About protection of children from information doing harm to their health» (the act of Committee on questions of innovative development, information policy and information technologies of the Legislative Chamber of the Oliy Majlis of the Republic of Uzbekistan from July 2, 2018, No. 05/2-01-71). This offer has served recognition of dissemination of information among children of information doing harm to their health as illegal behavior;
offers on improvement of criminal liability for crimes in the sphere of information technologies and safety have been used by preparation of analytical notes within the Concept of improvement of the criminal and criminal procedure legislation approved by the resolution of the President of the Republic of Uzbekistan of May 14, 2018 No. PP-3723 (the act of Committee on questions of innovative development, information policy and information technologies of the Legislative Chamber of the Oliy Majlis of the Republic of Uzbekistan from July 2, 2018, No. 05/2-01-71). This offer serves a proving of inevitability of responsibility for crimes in the sphere of information technologies and information security;
offers on expediency of application of a method of «confidential dialogue» concerning the persons who have committed information crimes, need of implementation of inquiry, the investigation and preventive measures proceeding from their psychological state have been introduced in activity of the relevant structural divisions of the Ministry of Internal Affairs of the Republic of Uzbekistan (the act of the Ministry of Internal Affairs of the Republic of Uzbekistan from July 2, 2018 No. 33/1985). This offer has served increase in efficiency of prevention of crimes in the sphere of information technologies and information security;
offers on need of definition of external influence, level of competence and practical skills of employees, motives of offense when studying the reasons of crimes in the sphere of information technologies and information security and also conducting monitoring of social networks have been introduced in activity of the relevant structural divisions of the Ministry of Internal Affairs of the Republic of Uzbekistan (the act of the Ministry of Internal Affairs of the Republic of Uzbekistan from July 2, 2018 No. 33/1985). This offer has served definition of the reasons and early warning of crimes in the sphere of information technologies and information security;
offers that the information security is object of criminal legal protection taking into account its direct connection with the state interests have found the reflection in the Law of the Republic of Uzbekistan «About modification and additions in the Law of the Republic of Uzbekistan «About the principles and guarantees of freedom of information» (the act of the Center of information security and assistance in ensuring public order at the Ministry of information technology development and communications of the Republic of Uzbekistan from November 13, 2017 No. 03-07-02/124). This offer has served protection of information security as object of criminal legal protection;
offers on need of implementation of complex measures from law enforcement agencies for ensuring information security at information security have found the reflection in the Law of the Republic of Uzbekistan «About modification and additions in the Law of the Republic of Uzbekistan «About the principles and guarantees of freedom of information» (the act of the Center of information security and assistance in ensuring public order at the Ministry of information technology development and communications of the Republic of Uzbekistan from November 13, 2017 No. 03-07-02/124). This offer has provided orientation of activity of law enforcement agencies on information security;
offer that threats of information security exert essential harm to the interests of the personality, society and state information have found the reflection in the Law of the Republic of Uzbekistan «About modification and additions in the Law of the Republic of Uzbekistan «About the principles and guarantees of freedom of information» (the act of the Center of information security and assistance in ensuring public order at the Ministry of information technology development and communications of the Republic of Uzbekistan from November 13, 2017 No. 03- 07-02/124). This offer has allowed to estimate high degree of public danger of information threats as a factor of commission of information crimes;
the rule about protection of the personality against illegal information influence taking into account that impact on consciousness of the personality with use of means of information technologies exerts negative impact on life, health and morality of the personality, has found the reflection in the Law of the Republic of Uzbekistan «About modification and additions in the Law of the Republic of Uzbekistan «About the principles and guarantees of freedom of information» (the act of the Center of information security and assistance in ensuring public order at the Ministry of information technology development and communications of the Republic of Uzbekistan from November 13, 2017 No. 03-07-02/124). This offer has served recognition of the specified actions as socially dangerous act.
Structure and volume of the dissertation. The thesis consists of an introduction, four chapters, a conclusion, a list of used literature and applications. The volume of the thesis is 260 pages.
This article examines the practice of law enforcement agencies of the Republic of Uzbekistan on the use of force in the prevention and suppression of offenses, in particular the use and use of firearms. In addition, law enforcement agencies strengthen the basic provisions of the institution of criminal law in cases that exclude the crime of an act.
This article is devoted to explaining the essence and importance of effective ways and mechanisms to ensure cybersecurity in Uzbekistan.
This article outlines criminal law and criminological characteristics of cyber extremism.
При определении понятия «потерпевший» в ст. 42 Уголовнопроцессуального кодекса Российской Федерации (далее – УПК РФ) используется одновременно два термина: «имущественный вред» и «вред имуществу». Только в первом случае речь идет о потерпевшем физическом лице, а во втором – о потерпевшем юридическом лице.
This article is considered developed of criminal law issues and prevent juveniles’ delinquency, in order will be given proposals and recommendations.
This article analyzes the institution of transfer of prisoners to serve their sentences in the States of their nationality, which is one of the directions of inter national cooperation in criminal matters. The author ex tensively reveals the relationship between the directions of international cooperation in criminal matters. In addition, the opinions and arguments of legal scholars on the concept of transfer of prisoners are given, and as a result of this analysis, the author gives own definition to this concept.
This article scientifically substantiates the legal foundations of the legal regulation of the institute of refusal to initiate a criminal case and proposals for introducing new conceptual norms into the criminal and criminal procedural legislation to strengthen and improve them.
In article reveals issues on concept of military crimes as well as the criminal legal substance of violation of Regulations on Inter-Relations among Military Servicemen of Armed Forces of the Republic of Uzbekistan
In the introductory part of the article the author characterizes a crime of plunder by assignment or waste. In the basic part of the article questions of responsibility for repeated fulfillment of plunder by assignment or waste are considered. In the conclusion the author makes the offers on perfection of the national legislation in sphere of struggle against penal crimes.
Қўл бармоқларининг тирноқ фалангаси излари қўл кафтининг сиртидаги бошқа қисмлари изларига нисбатан кўпроқ учрайди. Бундай изларни идентификация қилиш учун папилляр нақшлари асос бўлади. Бу нақшларни ўрганишда текширилаётган шахснинг қўл бармоқлари папилляр чизиқларининг нақшлари билан солиштириб кўрадиган бир қатор аломатларни ажратиш мумкин. Қўл излари бўйича шахсни аниқлаш ушбу аломатларнинг ўзига хосликлари солиштирилаётган нақшда яхши кўринадиган бўлгандагина амалга оширилади.
Адвокатура фуқаролик жамиятининг асосий ва муҳим институтларидан бири бўлиб, юридик ва жисмоний шахсларга малакали юридик ёрдам кўрсатишда алоҳида аҳамият касб этади. Таъкидлаш керакки, Республикамиз мустақиллигининг дастлабки йиллариданоқ адвокатура институтини ислоҳ қилиш, такомиллаштириш борасида бошланган ислоҳотлар, бугунги кунда ҳам узвий давом этмоқда. Бу борада адвокатура фаолиятининг бошқа йўналишлари билан биргаликда алоҳида тоифадаги ишларда адвокатнинг ролини ошириш, шахснинг ҳуқуқ ва манфаатларини ишончли ҳимоя қилишда муҳимдир.