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Khamrobek Akhmedov , teacher of the Department of «Crime prevention»
of the Academy of the Ministry of Internal Affairs of the Republic of
Uzbekistan
LEGAL BASIS OF PREVENTIVE WORK WITH PERSONS UNDER
ADMINISTRATIVE CONTROL
Kh. Akhmedov
Abstract: The article analyzes and reveals the essence of the concept of
"administrative supervision". In this regard, the effectiveness of preventive
work of law enforcement agencies with persons under administrative
supervision, and the use of new methods, forms and other types of crime
prevention in this activity was studied." Proposals and recommendations on
the development of theoretical and practical aspects of improving
administrative supervision were also developed.
Keywords: prevention, offense, crime, supervision, supervised,
administrative supervision, prevention of offenses.
The most important factor in improving the work of law enforcement
bodies with persons under administrative control is the extent, which these
legal bases meet today's requirements.
Reforms in the field of crime prevention have been carried out and
measures to increase the effectiveness of crime prevention have been taken
in our country.
At the current stage of development of the Republic of Uzbekistan, in
particular, during the process of development of socio-economic
cooperation with other countries and the emergence of new structures it is
important to strengthen the effectiveness of preventive work with the
persons under administrative control.
Of course, it is difficult to increase the effectiveness of crime prevention,
to improve its mechanism simply by saying, instruction or word. The
improvement of any activity is determined by its thoroughly developed legal
framework.
In particular, the effectiveness of preventive work of law enforcement
bodies with the persons under administrative control and the application of
new methods, forms and other types of measures in this activity require the
development of its legal framework in line with conditions of modern times.
From this point of view, in creating the legal framework for preventive
work with persons under administrative control, it is necessary to pay
attention to the specifics of this category of persons and to identify effective
preventive measures.
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Particularly, there are those who have committed socially dangerous
crimes, including members of organized criminal structures, as mentioned
in the above paragraphs, thus it is impossible not to mention this.
As noted by Doctor of Law, Professor I.Ismailov: “At present, great
attention is paid to the problem of scientific study of the most dangerous and
increasingly widespread forms of organized crime. However, the
interrelated terms "organized group", "organized crime" and "organized in
crime" are used interchangeably in scientific research.
According to the References: on criminology, the term “organized in
crime” is the broadest concept and encompasses all the phenomena
represented by the above mentioned terms. At the same time, he noted that
"organized crime" is not a set of criminal acts but a complex system of
leaders of the criminal world structures” [2].
Indeed, in order to improve preventive work with persons under
administrative control, to create a modern legal basis for it, it is expedient to
develop and direct preventive measures aimed at them, depending on the
type of this category of persons.
In particular, the Law of the Republic of Uzbekistan dated April 2, 2019
"On administrative control over certain categories of persons released from
penitentiary institutions" specifies the following categories of persons
subject to administrative control:
1) recognized by the court as a high-risk recidivist;
2) sentenced to imprisonment for grave or very grave crimes;
3) has been sentenced to imprisonment two or more times for any
intentional crime;
4) served a sentence of imprisonment in the territory of another state
for the commission of acts that are considered grave or very grave crimes in
accordance with the Criminal Code of the Republic of Uzbekistan [5].
Article 7 of this law states that administrative restrictions may be
imposed during an administrative control:
1) prohibition to be out of the place of residence at the appointed time
of the day;
2) prohibition to be in certain places;
3) prohibition to leave the territory established by the court without the
permission of the internal affairs bodies;
4) come to the internal affairs bodies (base point of the internal affairs
bodies) once or four times a month for registration;
5) prohibition of consumption of alcohol [6].
The law specifies four categories of persons subject to administrative
control and five restrictions imposed on them under administrative control.
Analysis show, it is established that the crimes committed by the four
categories of individuals have the same level of social risk and the
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mechanism of commission differs from each other but the same restrictions
are imposed. In our opinion, the law should establish restrictions based on
the crimes and behavior of persons under administrative control.
For instance, according to the Article 7 of the Law,
first of all, the court
sentenced those who were found to be high-risk recidivist and sentenced to
imprisonment for committing grave or very grave crimes and the
establishment of all five restrictions imposed on persons serving a sentence
in the form of imprisonment in another state for the commission of a grave
or very grave crimes under the Criminal Code of the Republic of Uzbekistan,
secondly, it is expedient to impose the first, second and third restrictions on
persons sentenced to two or more terms of imprisonment for any
intentional crime.
The introduction of these changes will serve to ensure the principles of
humanity and justice on the basis of our Constitution.
In any democratic state, all its bodies and citizens carry out their activity
on the basis of the requirements of the main encyclopedia of the country -
the Constitution. Therefore, the Constitution of the Republic of Uzbekistan,
of course, comprise the legal basis for the organization of preventive
services [4].
Studies show that the provisions of all norms of the Constitution ensure
the prevention of any offense, including criminal, by serving as the primary
main source of regulation of all social relations in a democratic society based
on the principles of justice and humanity. Besides, a number of provisions of
the Constitution, in turn, have the character of direct crime prevention, are
considered as a main source of protection of citizens from various criminal
aggressions and their education in the spirit of universal, moral and legal
norms in society.
The Constitution of the Republic of Uzbekistan legally strengthens and
guarantees the full development of the individual. This prevents the
circumstances that negatively affect the person and serves to eliminate the
cause and circumstances that lead to the offense. Strengthening in the
Constitution the responsibility of the state before the citizens, citizens
before the society, the state and other citizens is important in crime
prevention [3].
On the basis of the norms of the Constitution of the Republic of
Uzbekistan, social relations in all spheres are regulated and laws or
normative legal acts that contradict its norms cannot be adopted.
Therefore, one of the main conditions for the activities of law
enforcement bodies to prevent the commission of offenses by persons under
administrative control is strict adherence to the constitutional norms.
Article 19 of the Constitution states that “a citizen of the Republic of
Uzbekistan and the state are interrelated with each other by their rights and
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duties. The rights and freedoms of citizens stipulated by the Constitution
and laws are inviolable and no one has the right to deprive or restrict them
without a decision of the court.” [1]. This norm can be interpreted in such a
way that prevention inspectors in the organization of activities to prevent
the commission of offenses by persons under administrative control should
not allow any restriction of the rights of persons subject to administrative
control in addition to the restrictions imposed on them.
Indeed, the imposition of restrictions on the categories of persons under
administrative control ensures the application of constitutional norms in
practice and the rule of law.
The Law of the Republic of Uzbekistan "On administrative control over
certain categories of persons released from penitentiary institutions" dated
April 2, 2019 contains a number of norms governing the implementation of
administrative control over certain categories of persons, which are directly
related to each other.
This law provides law enforcement bodies with administrative control
over certain categories of persons released from penitentiary institutions:
first, measures of educational and preventive impact on them; secondly, the
social rehabilitation and social adaptation of this category of persons,
including the provision of socio-economic assistance,
third, the formation of
positive qualities in them;
fourth, it imposes obligations on the application
of coercive measures by a court decision.
It should be noted that the activities of law enforcement bodies in this
area, which are the main subject of administrative control over certain
categories of persons released from penitentiary institutions, are mainly
regulated by this law, therefore, taking into account the current changes in
society, it is important to constantly improve the norms of this law in
accordance with the times, to ensure that they are regularly amended and
supplemented.
If we analyse the tasks set out in this law, it becomes clear that the main
focus of the law enforcement bodies working with persons under
administrative control is the implementation of measures aimed at the
implementation of social rehabilitation and social adaptation of the
individual. For example, tasks such as collecting personal information, social
rehabilitation and social adaptation, and carrying out individual preventive
work mostly focused on studying the socio-economic and other problems of
a person under administrative control, helping him or her to monitor
compliance or restriction includes coercive measures in order to impose
liability for it.
We consider it appropriate that the third paragraph of Article 17 of the
Law "expands the control over the observance of administrative restrictions
imposed on the person under control and the fulfillment of the obligations
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39
imposed on him by the residence, place of work, study or service" [7] has to
be enlightened more widely.
For instance, “a person under control must adhere to the administrative
restrictions imposed on him and strictly follow the rules of society in the
place of residence, work, study or service, as well as the agenda of the place
of study and service; to be kind with people around (family members,
neighbours, colleagues, administration in his/her workplace), monitor the
compliance with their responsibilities.
It is necessary to state that the continuous improvement of the legal
framework for the prevention of offenses committed by persons under
administrative control, supplementing them with new norms is important
in the prevention of recidivism.
References:
1.
Constitution Of The Republic Of Uzbekistan. "Uzbekistan"., T.:2019
2.
I. Ismailov. Theoretical and organizational and legal support for
preventing the activities of organized criminal groups. Dissertation for the
degree of doctor of law. T.: 2006., 393 p.
3.
Ismailov I. Criminology. General part: Textbook for higher
educational institutions of the Ministry of internal Affairs /I. Ismailov, K. R.
Abdurasulova, I. Yu Fazilov; Executive editor G. T. Ikramov. - T.: Academy of
the Ministry of internal Affairs of the Republic of Uzbekistan, 2015. - 272 p.
4.
J. S. Mukhtarov. Ensuring the prevention of crimes by preventive
services of internal Affairs bodies. Dissertation for the degree of candidate
of legal Sciences., Vol.: 2009. - 69 p.
5.
Law of the Republic of Uzbekistan "On administrative control over
certain categories of persons released from penal institutions" dated April
2, 2019// URL: http://www.lex.uz.
6.
Law of the Republic of Uzbekistan "On administrative control over
certain categories of persons released from penal institutions" dated April
2, 2019 // URL: http://www.lex.uz.
7.
Law of the Republic of Uzbekistan "On administrative control over
certain categories of persons released from penal institutions" dated April
2, 2019 http://www.lex.uz.
