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Modern challenges in the liberalization of criminal
penalties
Sardorjon ZOKIROV
Tashkent State University of Law
ARTICLE INFO
ABSTRACT
Article history:
Received July 2024
Received in revised form
15 July 2024
Accepted 25 July 2024
Available online
15 August 2024
This article discusses the ongoing comprehensive
development in Uzbekistan, with a focus on the legal system's
evolution as a crucial element of the country's political life.
Since gaining independence, Uzbekistan has seen significant
improvements in its criminal law and justice system, which
have evolved considerably over time. The article examines the
complexities of criminal law, particularly the imposition of
penalties for socially dangerous acts. It analyzes the degree of
leniency in sentencing, considering individual rights and
interests, and explores historical trends in the liberalization of
punishments within the context of Uzbekistan's criminal law.
2181-
1415/© 2024 in Science LLC.
DOI:
https://doi.org/10.47689/2181-1415-vol5-iss7/S-pp152-156
This is an open access article under the Attribution 4.0 International
(CC BY 4.0) license (https://creativecommons.org/licenses/by/4.0/deed.ru)
Keywords:
crime,
punishment,
sentencing,
liberalization,
court, criminal law,
criminal code,
reform,
international community.
Jinoiy jazolarni liberallashtirishning zamonaviy muammolari
ANNOTATSIYA
Kalit so‘zlar
:
jinoyat, jazo,
hukm,
liberallashtirish,
sud,
jinoyat huquqi,
jinoyat kodeksi,
islohot,
xalqaro hamjamiyat.
Ushbu maqolada O‘zbekistonda amalga oshirilayotgan keng
qamrovli rivojlanish, mamlakat siyosiy hayotining hal qiluvchi
elementi sifatida huquq tizimi evolyutsiyasiga e’tibor
qaratilgan. O‘zbekiston mustaqillikka erishganidan so‘ng jinoyat
qonunchiligi va adliya tizimida sezilarli yaxshilanishlar
kuzatildi, ular vaqt o‘tishi bilan sezilarli darajada rivojlandi.
Maqolada jinoyat qonunchiligining, xususan, ijtimoiy xavfli
qilmishlar uchun jazo tayinlashgacha bo‘lgan murakkabliklari
ko‘rib chiqiladi. Unda shaxs huquq va manfaatlarini inobatga
olgan holda jazo tayinlashda yengillik darajasi tahlil qilinadi
hamda O‘zbekiston jinoyat qonunchiligi doirasida jazolarni
liberallashtirishning tarixiy tendensiyalari o‘rganiladi.
1
Lecturer, Criminal Procedure Law Department, Tashkent State University of Law. E-mail: sl.zokirov@gmail.com
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153
Современные проблемы либерализации уголовных
наказаний
АННОТАЦИЯ
Ключевые слова:
преступление,
наказание,
вынесение приговора,
либерализация,
суд,
уголовное право,
уголовный кодекс,
реформа,
международное
сообщество.
В данной статье рассматривается текущее всестороннее
развитие в Узбекистане с акцентом на эволюцию правовой
системы как важнейшего элемента политической жизни
страны. С момента обретения независимости в Узбекистане
произошли значительные улучшения в уголовном праве и
системе правосудия, которые со временем значительно
изменились.
В
статье
рассматриваются
сложности
уголовного права, в частности, в части назначения наказаний
за общественно опасные деяния. В ней дается анализ степени
снисходительности при назначении наказания с учетом
индивидуальных прав и интересов, а также исследуются
исторические тенденции либерализации наказаний в
контексте уголовного права Узбекистана
.
INTRODUCTION
Throughout history, crime, as a negative social and legal phenomenon, has
accompanied humanity at every stage of its development. Various practical and
theoretical measures and ideas have been developed and implemented across different
countries and periods to combat this societal ill. Since gaining independence, our nation
has undertaken consistent reforms aimed at transforming, democratizing, and
liberalizing the judicial and legal system. Extensive organizational and legal measures
have been taken to gradually strengthen the judiciary, ensuring its independence and
establishing it as a truly autonomous state institution dedicated to safeguarding the
rights and freedoms of all individuals. These reforms, at their core, seek to
comprehensively guarantee human dignity and interests. In particular, the state policy
implemented in criminal law prioritizes the goal of ensuring fair protection of individual
interests before the law.
Criminal law, a traditional branch of law, found its legal foundation in the Criminal
Code of the Republic of Uzbekistan, which came into force on April 1, 1994 [1]. The Code
encompasses crimes against a person's life and health, crimes against peace and human
security, economic crimes, environmental crimes, crimes against governance and justice,
crimes against public order, crimes against military service regulations, and other
institutions. Based on this set of laws, an individual is held accountable in the prescribed
manner for committing a socially dangerous act. Based on this set of laws, a person is
held accountable for a socially dangerous act in the appropriate manner.
DISCUSSIONS AND RESULTS
If we look at the history of criminal law, it is appropriate to emphasize that the
current Criminal Code is the judge of the adopted codes. The first Criminal Code of the
Republic of Uzbekistan was adopted on June 16, 1926, and entered into force on July 1,
1926. [2] This code was consistent with the RSFSR code of the time, which at the time
contained some norms that contradicted the ideas of humanism and was also
characterized by being the "legal basis" for carrying out bloody repressions. According to
some of its articles, individuals who attempted to destroy the collective property were
recognized as enemies of the people, and in the case of sabotage, even the death penalty
was provided for. Nevertheless, this code was called the progressive laws of its time.
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The current Criminal Code of the Republic of Uzbekistan consists of General and
Special Parts, the General Part consists of 7 sections, 17 chapters, and 96 articles. The
general part focuses on the main principles of criminal law, actions, issues of criminal
liability, unfinished crimes, participation, the system of punishment, sentencing,
exemption from liability and punishments, juvenile liability, and others. The special part
consists of 7 sections, 21 chapters, and 206 articles. The code consists of a total of 302
articles [3]. The fact that the first section of the special part enshrines "Crimes against the
person" is a clear example of the fact that the issue of personal protection is put first in
the current Criminal Code.
Before addressing the current issues of liberalizing criminal punishments, which is
the topic we aim to analyze in our article, let us first focus on the concept of
"liberalization" itself. The word "liberalization" stems from the Latin word "liberalis,"
meaning free-thinking or free, but a direct translation does not fully capture the essence
of this term. The system of liberal views is considered one of humanity's most advanced
and important intellectual theories, infused with the spirit of goodness and
humanitarianism.
The word "liberalization" is also expressed through terms such as liberation,
easing, justification, and moderation. However, these words only convey certain aspects
of liberalization's meaning (for example, liberalization of socio-political life, moderation
of criminal legislation policy, mitigation of punishment, etc.). The term that encompasses
the complete meaning is "liberalization."
Indeed, on August 29, 2001, at the VI session of the Oliy Majlis of the Republic of
Uzbekistan, the Law of the Republic of Uzbekistan "On Amendments and Additions to the
Criminal, Criminal Procedure Codes and the Code of Administrative Responsibility of the
Republic of Uzbekistan in Connection with the Liberalization of Criminal Punishments"
was adopted [4]. This law paved the way for the development of important processes in
liberalization policy. At the time of the adoption of this law, some legal experts expressed
concerns that the liberalization of criminal legislation could lead to serious problems in
the country's anti-crime policy and a sharp increase in crime rates. However, the main
goal of liberalizing criminal punishments is to ensure that a person who has committed a
crime remains in society without isolation by imposing a more lenient punishment that
is, to morally re-educate them. It is precisely for this purpose that today when assessing
law and all related phenomena on a global scale, It is precisely for this purpose that today
when assessing law and all related phenomena on a global scale "liberitarian" (i.e.,
defined to ensure freedom) views are gaining a stable position. All researchers who have
studied punishment have emphasized that it is impossible to effectively combat crime
through punishment alone. On the contrary, liberalization implies the inevitability of
punishment for every criminal act.
Indeed, as noted by Kh.T. Odilkoriev and I.T. Tulteev, criminal punishment is not a
cure for all social problems, but it does more harm than treatment. After all, it can deepen
the disease and restore it to a form of excess damage. It is natural for a person who has
been deprived of long-term liberty for an act that does not pose a great social danger to
be angry, resentful, and dissatisfied with society. Such people cannot be called
"re-educated." It is precisely this situation that requires "liberalization of criminal
punishments." Until this requirement is met, black remains black and white remains
white.
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In the words of the First President of the Republic of Uzbekistan, I. Karimov,
During the liberalization process, the classification of crimes was radically revised and
changed. The abolition of the death penalty from the penitentiary system was of great
importance as one of the main directions of the liberalization of the criminal law. [5] Also,
as the first President noted, "We have been working to resolve this issue since the first
days of our independence.
The purpose of abolishing the death penalty in the Republic of Uzbekistan is to
protect the right to life, which is the highest value of man. As defined in Article 25 of the
Constitution of the Republic of Uzbekistan, the right to life is an inalienable right of every
person, and attempting to take his life is the most serious crime. [6] In other words, the
fact that we can view capital punishment as a cruel punishment contradicts the principle
provided for in Article 7 of the Criminal Code of the Republic of Uzbekistan, that is, the
principle of humanity. His cruelty is viewed as the depiction of the person who
committed the crime as a person in connection with the execution of this sentence, the
elimination of man from society, denying his dignity. In other words, responding
mercilessly to a crime committed mercilessly is tantamount to revenge on the person
who committed the crime, and history testifies to the fact that our people have always
been merciful. That is, this cruel punishment was replaced by long-term or life
imprisonment as a result of liberalization.
Furthermore, as a result of studying the criminal legislation of foreign countries,
it became clear that the scope of application of the punishment of life imprisonment is
much higher in other countries. Specifically, according to the Danish Criminal Code, this
penalty is defined as a criminal penalty for 9 types of crimes, 13 types in Sweden,
14 types in the Republic of Belarus, 19 types in the Netherlands, 24 types in Moldova,
5 types in Germany and Poland, and 18 types in France [7].
One of the factors considered in the process of liberalizing the system of criminal
sentencing was the fact that the imposition of life imprisonment on individuals who have
committed a socially dangerous act differs depending on several characteristics. In
particular, according to the Criminal Code of the Republic of Uzbekistan, this punishment
cannot be imposed on a woman, a person who committed a crime before the age of
eighteen, and a man over sixty. However, according to the criminal law of France, Austria,
Sweden, the United States, Denmark, and other countries, no special restrictions are
provided for this penalty.
If we briefly focus on the subsequent stages of liberalization of criminal
punishments, it is advisable to expand the range of punishments for minors that are not
related to isolation from society, that is, the range of punishments that exclude
imprisonment. This situation primarily involves the application of fines and correctional
labor, and we explain this by the fact that a minor in many cases does not have
independent funds, the execution of the fine is more likely to fall on his parents, or there
are certain problems with the execution of correctional labor. It is no secret that
deprivation of liberty, applied to minors, is a punishment related to the complete or
short-term separation of a person from society, and today there are problems with the
execution of this punishment.
In our opinion, in this regard, it is appropriate to strengthen the punishment in the
form of "compulsory public works" in Article 821 of the Criminal Code. This type of
punishment is currently widespread in almost all countries, and it can also be effective in
market relations.
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In conclusion, we can state that the Presidential Decree of the Republic of
Uzbekistan No. UP-60 "On the Development Strategy of New Uzbekistan for 2022
–
2026,"
adopted on January 28, 2022, stipulates in Chapter II the necessity to "consistently
continue the policy of improving criminal, criminal procedural, and criminal enforcement
legislation, and widely introduce the principle of humanism into the system of criminal
punishments and their execution" to transform the principles of justice and the rule of
law into the most fundamental and necessary condition for development in our country.
This reflects that the criminal legislation of the Republic of Uzbekistan defines as its
important tasks the implementation of provisions outlined in the UN's Universal
Declaration of Human Rights, the Convention against Torture, and other international
documents, as well as the requirements of the Constitution of the Republic of Uzbekistan
regarding the protection of human life, health, freedom, honor and dignity, personal
inviolability, the interests of family and minors, and the political, socio-economic, and
personal rights of citizens.
REFERENCES:
1.
The Constitution of the Republic of Uzbekistan;
2.
Criminal Code of the Republic of Uzbekistan;
3.
Decree of the President of the Republic of Uzbekistan dated January 28, 2022,
No. UP-60 "On the Development Strategy of New Uzbekistan for 2022-2026."
4.
The Law of the Republic of Uzbekistan "On Amendments and Additions to the
Criminal, Criminal Procedure Codes and the Code of the Republic of Uzbekistan on
Administrative Responsibility in Connection with the Liberalization of Criminal
Punishments";
5.
UN Universal Declaration of Human Rights;
6.
Saidov S. THE RELEVANCE OF CRIME AND PUNISHMENT // SAI. 2022. C8.
https://cyberleninka.ru/article/n/jinoyat-va-jazoning-dolzarbligi (access date: February
8, 2024);
7.
Khaydarov, Mirislom Mirdjabbarovich SOME ASPECTS OF THE MAIN
PROHIBITIONS (RESTRICTIONS) OF THE PENALTY OF LIMITATION OF FREEDOM //
ORIENSS. 2022. No. 2.https://cyberleninka.ru/article/n/ozodlikni-cheklash-jazosi-
asosiy-taqiq-cheklovlarining-ayrim-jihatlari (access date: 02/08/2024);
8.
Dilshodahon Akbarali Qizi Toshmatova ISSUES OF CRIMINAL PENALTY FOR
MINORS IN THE CRIMINAL LEGISLATION OF SOME FOREIGN COUNTRIES // Academic
research in educational sciences. 2023. NoPeriodical Collection 7. URL:
https://cyberleninka.ru/article/n/ayrim-xorijiy-davlatlar-jinoyat-qonunchiligida-
voyagayaga yetmaganlarga-nisbatan-jin;
9.
https://www.oriens.uz/media/journalarticles/138_Allanazarov_Oybek_Davran
ovi ch_921-930.pdf
