This article is devoted to the study of criminal punishment, which is one of the topical issues of criminal law. The article provides an analysis in terms of scientific, legal, social and philosophical approach such controversial issues as the purpose, nature, and execution of the punishment.
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 paper provides an analysis of the institution of mitigation of punishment in the criminal legislation of the Commonwealth of Australia as well as issues of imposition of punishment with respect to juveniles, sentencing for inchoated offences and criminal complicity.
In this article from the scientific and theoretical point of view questions concerning influence of evasion from serving sentence on release from punishment have been analysed, the corresponding conclusions are developed.
Article is devoted to a question on criminal punishment in the form of obligatory works which exists in the legislation of the CIS countries. On the basis of studying the scientific literature on the given question authors give an accent on positive aspects of application to imprisonment of alternative kinds of punishments, including obligatory works. Also, authors express the basic attributes, terms, time and conditions of serving of obligatory works. On the basis of the comparative analysis of the given kind of criminal punishment with punishment in the form of
corrective works, it is offered to apply as scientific-practical experiment obligatory works in one of establishments of execution of punishment or in one region of Republic Uzbekistan that would enable to draw practical conclusions on this kind of punishment and in the future to consider the
problem on implementation obligatory works in the system of criminal punishments of the Republic Uzbekistan.
This article analyzes the features and grounds for
committing multiple offences, in particular, the theoretical views of scientists on the appointment of punishment for multiple offences were studied. In conclusion of the article, the author developed proposals for improving the
criminal law in this sphere
In this article it is studied the institute of punishment as a fine, its signs and problems of imposing the punishment according to Criminal Code, also gave suggestions for improving institute of fine.
The article analyzes the peculiarities of legal regulation of transfer and acceptance of persons sentenced to imprisonment, for further serving ofpunishment in the state whose citizens they are. However, in order to strengthen the improvement of the mechanism of international cooperation in criminal matters, harmonisation of norms national and international law the author proposes to resolve the issues of transfer and acceptance of persons with mental disorders, the implementation of compulsory treatment in the state whose citizens they are.
The United Nations Universal Declaration of Human Rights dated December 10, 1948, as a task that all peoples and states should strive to achieve, so that every person and every organ of society, constantly bearing in mind the present Declaration, seeks to ensure a universal and effective recognition and implementation both among the peoples of the Organization's member states and among the peoples of territories under their jurisdiction. Article 235 of the Criminal Code of the Republic of Uzbekistan addresses criminal liability for torture and other cruel, inhuman or degrading treatment or punishment.
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.
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.
On the basis of comparative legal analysis the article discloses features of relationships of the President and the Prime minister in the system of state authority of the Republic of Uzbekistan, constitutional-legal relations that are the subject of these relationships and develops proposals to improve the legislation in this sphere.
In the introductory part of the article the author characterizes the crimes accomplished by persons, suffering various diseases. In the basic part of the article questions of delimiting of forced measures of medical character from criminal
punishment are considered. In the conclusion the author comes to opinion that the identification of institute of punishment and institute of application of forced measures of medical character is inadmissible, as it is necessary to specify directly in the domestic legislation.
Суд-ҳуқуқ тизимини ислоҳ этишнинг бош мақсади - инсон манфаатларини ҳимоя қилишдир. Сўнгги йилларда бу борада амалга оширилган ислоҳотлар фуқаролик жамиятини мустаҳкамлаш баробарида, жиноий жазоларнинг либераллаштирилишига замин яратмоқда.
In the introductory part of the article the author
characterizes concept of a previous conviction.
In the basic part of the article questions of a competition of norms at repayment of a previous conviction are considered. In the conclusion the author comes to opinion that the correct decision of questions of a competition of norms on repayment and removal of a previous conviction is of great importance in business of observance of the rights and freedom of the person that causes necessity of carefully considered decision of cases in point.
In this article international-legal concept and rules for treatment of prisoners in prisons were analyzed theoretically and legally, disclosed its association and distinctive features with the notion of legal activity. Also, given the scientific description of structure, methods, forms and means of this legal action.
XIX асрнинг 40-йилларида. Шартли ҳукм биринчи марта Бирмингемдаги инглиз судяларидан бири томонидан қўлланилган. Кейин бу институт Англияда 1887 йилдаги “Биринчи маккумларни синаш тўғрисида” ги қонун билан мустаҳкамланган ва ниҳоят 1907 йил “Жиноятчиларни синаш тўғрисида” ги конунга айланди. Континентал Европада шартли ҳукм килиш 1888 йилда Белгиянинг жиноят қонунида, 1891 йилда эса Францияда тартибга солинган [1]. Турли давлатлар конун ҳужжатларида шартли ҳукм қилиш институтининг ҳуқуқий табиати ва мазмуни турлича талкин қилинган, аммо шунга қарамай, статистика унинг кснг таркалишини ва ҳозирги пайтда қўлланилиш доирасининг сезиларли даражада ўсганлигини кўрсатмокда [2].
Государство должно стремится к восстановлению нарушенного права во всех регулируемых им сферах общественных отношений в том числе в области защиты инстересов потерпевших. В частности, это касается вопроса определения целей наказания. От его разрешения зависит не только построение многих инструментов этой отрасли права, но и целеустремленное применение самого уголовного законодательства 1.