27
Volume 04 Issue 01-2022
The American Journal of Political Science Law and Criminology
(ISSN
–
2693-0803)
VOLUME
04
I
SSUE
01
Pages:
27-33
SJIF
I
MPACT
FACTOR
(2020:
5.
453
)
(2021:
5.
952
)
OCLC
–
1176274523
METADATA
IF
–
7.659
Publisher:
The USA Journals
ABSTRACT
This article discusses the procedural basis for the application of legal sanctions, the need for a legal sanction and its
role in the system of procedural means, its application by the court, the application of legal sanctions against legal
entities and citizens, as well as legal norms and principles, law enforcement acts, agreements, legal facts, subjective
rights and legal obligations, prohibitions, privileges, incentives and penalties, documents on the exercise of rights and
obligations, etc. The article also analyzes such issues as financial and legal sanctions, suspension of operations on bank
accounts, transfer of offenses to the state revenue, certain types economic activities of the licensing authority, the
liquidation of a business entity.
KEYWORDS
Subjective rights and legal obligations, prohibitions, privileges, incentives and penalties, legal sanction, legal facts,
bank accounts, transfer of offenses.
INTRODUCTION
We all know that any society consists of mutual social
relations between its members. These relationships
can be between employer and employee, colleagues,
friends, and other members of the community.
Democratization of society in our country in 2005 and
modernization, reforming and modernization of the
Research Article
PROCEDURAL BASIS FOR THE APPLICATION OF MEASURES OF
LEGAL INFLUENCE, THEIR NECESSITY AND PLACE IN THE SYSTEM OF
PROCEDURAL MEANS
Submission Date:
January 09, 2022,
Accepted Date:
January 20, 2022,
Published Date:
January 30, 2022
Crossref doi:
https://doi.org/10.37547/tajpslc/Volume04Issue01-05
Abdullaev Boymurod Djuraevich
Doctoral student of the High School Judges, with the Supreme Judical Council of the Republic of
Uzbekistan
Journal
Website:
https://theamericanjou
rnals.com/index.php/ta
jpslc
Copyright:
Original
content from this work
may be used under the
terms of the creative
commons
attributes
4.0 licence.
28
Volume 04 Issue 01-2022
The American Journal of Political Science Law and Criminology
(ISSN
–
2693-0803)
VOLUME
04
I
SSUE
01
Pages:
27-33
SJIF
I
MPACT
FACTOR
(2020:
5.
453
)
(2021:
5.
952
)
OCLC
–
1176274523
METADATA
IF
–
7.659
Publisher:
The USA Journals
country, further liberalization of the judicial system,
reducing the interference of regulatory authorities in
the activities of business entities, their legal and to
ensure the protection of their legitimate interests, it is
necessary to prevent unreasonable restrictions on
entrepreneurial activity. As a result, Decree of the
President of the Republic of Uzbekistan № 3619 dated
June 14, 2005 “On measures to further improve the
system of legal protection of business entities” was
adopted. From July 1, 2005, this Decree introduced the
procedure for applying legal sanctions to business
entities only through the courts, and the list of legal
sanctions was approved by the Annex to this Decree.
This list includes the following remedies:
1.
Termination of activity.
2.
Suspension of activities. Except for cases of
suspension of activities for a period of not more
than ten working days in connection with the
prevention of emergencies, epidemics and other
real threats to the life and health of the population.
3.
Suspension of operations on bank accounts, with
the exception of cases provided for by law.
4.
Application of financial sanctions. With the
exception of cases of imposing a fine for late
payment of taxes and fees, as well as admitting
guilt in an offense committed by an economic
entity and voluntary payment of penalties for
financial sanctions.
5.
Transfer of offenses to the state.
6.
Suspension or revocation of licenses (permits) to
engage in certain types of entrepreneurial
activities for a period of more than ten working
days (with the exception of licenses issued by
commissions of the Cabinet of Ministers of the
Republic of Uzbekistan and the Central Bank of the
Republic of Uzbekistan).
Termination of the activities of a business entity is a
measure of legal force applied in the event of carrying
out activities without a permit (license) or carrying out
activities prohibited by law, as well as in other cases
provided for by law. In other words, the activity of a
business entity is carried out only on the grounds
provided for by law. Below we will consider the
grounds for the termination of the activities of
business entities provided for by law. It should be
noted that the liquidation of a business entity - a legal
entity is a laborious stage: the appointment of a
liquidation commission, registration of property,
publication of an appropriate announcement in the
media, satisfaction of creditors' claims. Several in their
work and the activities of an individual entrepreneur
who has committed gross violations of the law can also
be terminated only in court. The activities of an
individual entrepreneur may also be terminated on the
basis of a court judgment providing for the deprivation
of the right to engage in entrepreneurial activity.
According to Article 45 of the Criminal Code of the
Republic of Uzbekistan [1], the deprivation of a person
of a certain right means a ban on the accused from
engaging in any activity during the period appointed by
the court. The type of such activity is indicated by the
court in the indictment.
In accordance with Article 10 of the Law of the Republic
of Uzbekistan “On Nature Protection”, suspension or
termination and re-profiling of objects of local
importance, as well as cancellation of permits for the
use of natural resources, are carried out in court.
Law of the Republic of Uzbekistan “On Forests” In case
of violation of the requirements of forest legislation,
the right to use the forest in accordance with Article
40, as well as forests and other natural objects may be
limited, suspended or prohibited for the purpose of
protection, conservation and reproduction.
29
Volume 04 Issue 01-2022
The American Journal of Political Science Law and Criminology
(ISSN
–
2693-0803)
VOLUME
04
I
SSUE
01
Pages:
27-33
SJIF
I
MPACT
FACTOR
(2020:
5.
453
)
(2021:
5.
952
)
OCLC
–
1176274523
METADATA
IF
–
7.659
Publisher:
The USA Journals
In turn, in accordance with Article 32 of the Law of the
Republic of Uzbekistan “On the protection and use of
wildlife”, in the interests of protecting wildlife, the
rights of lands, forests, water users, water consumers
and subsoil users should be limited, and obligations
may be imposed in accordance with the law.
Suspension of operations on bank accounts is a
measure of legal force applied by economic entities in
order to ensure the fulfillment of the requirements of
officials in case of non-compliance with the obligations
established by law. In accordance with the Tax Code of
the Republic of Uzbekistan, the suspension of
operations on the bank accounts of the taxpayer is
carried out only on the basis of a court decision, with
the exception of cases of detection of money
laundering and terrorist financing.
In cases stipulated by law, public authorities have the
right to apply to the court with an application to
suspend operations on bank accounts.
You can only suspend the expenditure part of
operations on bank accounts. Payments to the budget
and wages, benefits, as well as expenses for
compensation for harm to health or life caused by an
accident at work are not included. Thus, only first-class
costs can be excluded.
Financial and legal sanctions include sanctions aimed at
collecting funds from business entities for failure to
fulfill obligations to pay taxes and other obligatory
payments to the budget and extra-budgetary funds.
In other words, financial and legal sanctions are
compulsory measures of the state in monetary form
and are paid to the budget in the manner prescribed by
administrative and financial regulations, to taxpayers
(legal entities and individuals) by the competent state
bodies and their officials, to ensure the financial
interests of society and the state, recovery of non-
received cash receipts to the budget and extra-
budgetary funds, as well as aims to bring to justice the
perpetrators of tax offenses. The application of
financial
sanctions
has
property
and
moral
consequences for persons found guilty of committing
tax offenses.
Financial sanctions imply adverse consequences for
business
entities
for
violating
the
relevant
requirements of regulatory documents, that is, the
payment of various fines. Business entities complied
with the instructions of the regulatory authorities
based on the results of inspections, and in other cases
financial sanctions are not applied to them.
An application for the imposition of a financial sanction
may be filed with the court by the supervisory authority
authorized to impose a financial sanction in
accordance with the law. Such bodies include the State
Tax Service, the State Customs Service, the State
Committee of the Republic of Uzbekistan on
Antimonopoly Policy and Development of Competition
and its territorial bodies and others. The following
documents shall be attached to the application
(application) for the imposition of financial sanctions:
Documents on the basis of which the verification is
carried out (decision of a specially authorized div
coordinating the activities of regulatory bodies),
except for cases when such decisions are not provided
for by law;
Decision of the bodies of inquiry (inquiry), if the
investigation is conducted within the framework of a
criminal case;
Inspection procedure;
Test plan;
30
Volume 04 Issue 01-2022
The American Journal of Political Science Law and Criminology
(ISSN
–
2693-0803)
VOLUME
04
I
SSUE
01
Pages:
27-33
SJIF
I
MPACT
FACTOR
(2020:
5.
453
)
(2021:
5.
952
)
OCLC
–
1176274523
METADATA
IF
–
7.659
Publisher:
The USA Journals
An act or other attached documents drawn up based
on the results of the audit;
The protocol and the decision on consideration of the
audit materials, if their compilation and adoption is
provided for by law;
Evidence of service or sending a copy of the decision to
the defendant and other relevant documents.
The issue of transferring the objects of the offense to
the state revenue is decided by the court considering
the case of the offense. The objects of the offense may
be turned into state revenue only in cases provided for
by law. It should be noted that the procedure for
seizure, accounting, storage, evaluation and sale of
property transferred to state revenue, as well as its
destruction was approved by the Cabinet of Ministers
on July 15, 2009 № 200 “Regulations on the procedure
for seizure, sale or destruction of property transferred
to the state revenue”. This Regulation is transferred to
the state revenue, including:
1)
on the basis of court decisions in criminal cases, a
part of the property related to the objects of a
criminal offense and weapons, as well as material
evidence;
2)
on the basis of decisions of courts in cases of
administrative offenses, in terms of property
related to the offense, objects and weapons, as
well as material evidence;
3)
part of the property seized in order to secure
property claims in the course of inquiry,
preliminary investigation or trial on the basis of
court decisions in criminal cases, which is intended
to cover the damage caused to the state;
4)
on the basis of decisions of the bodies of inquiry on
the termination of the case, a part of the property
related to the objects of a criminal offense and
weapons, as well as material evidence;
5)
tobacco products exported from the Republic of
Uzbekistan, as well as imported into the territory
of the Republic of Uzbekistan, transported
through its territory (except for international
transit), not marked with an excise stamp, based
on decisions of the customs authorities;
and alcoholic drinks;
6)
tobacco products and alcoholic products stored,
sold, illegally produced without excise stamps on
the basis of decisions of tax authorities;
7)
on the basis of decisions of the Department for
Combating Economic Crimes under the General
Prosecutor's Office of the Republic of Uzbekistan
and its local bodies.
The licensing div has the right to apply for the
suspension or termination or revocation of licenses
(permits) for the right to engage in certain types of
entrepreneurial activity for a period of not more than
ten working days only in cases provided for by law.
When considering such applications (applications), the
courts should be guided by Articles 22-24 of the Law of
the Republic of Uzbekistan “On Licensing Certain
Types of Activities”, which list the grounds for
suspension or termination and revocation of a license.
In accordance with Article 22 of this Law, a license may
be suspended in the following cases:
1)
in case of violation by the licensee of the conditions
of the license provided for by the license
agreement;
2)
non-compliance by the licensee with the decision
of the licensing authority to impose on the licensee
the obligation to eliminate the identified violations.
In accordance with Article 24 of this Law, a license may
be revoked in the following cases:
31
Volume 04 Issue 01-2022
The American Journal of Political Science Law and Criminology
(ISSN
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2693-0803)
VOLUME
04
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01
Pages:
27-33
SJIF
I
MPACT
FACTOR
(2020:
5.
453
)
(2021:
5.
952
)
OCLC
–
1176274523
METADATA
IF
–
7.659
Publisher:
The USA Journals
1)
the licensee did not submit to the licensing
authority a document confirming the payment of
the state fee for the license, or did not sign the
license agreement within three months from the
date of sending (submission) of the notice of the
decision to issue the license;
2)
when the licensee applies for revocation of the
license;
3)
when it is established that the license was obtained
on the basis of forged documents.
Economic Procedural Code of the Republic of
Uzbekistan In accordance with article 215, the
supervisory authorities have the right to apply to the
courts for the application of legal sanctions. Cases on
the application of measures of legal influence are
considered according to the rules provided for by this
Code, taking into account the specifics specified in this
chapter.
Economic and procedural code of the Republic of
Uzbekistan In accordance with article 215, an
application for the application of a measure of legal
force is submitted to the court in writing and signed by
the applicant or his representative.
An application for the application of a measure of legal
influence must contain:
1)
the name of the court to which the application is
submitted;
2)
the name (last name, first name, patronymic) of
the persons participating in the case, their location
(postal address) and place of residence;
3)
the name of the controlling div that established
the fact of the offense;
4)
the circumstances on which the stated claim is
based;
5)
evidence confirming the grounds for the claim;
6)
normative legal acts providing for liability for
actions (inaction) of a legal entity or citizen, which
are the basis for applying to the court;
7)
application of the applicant;
8)
information on compliance with the procedure for
pre-trial settlement of a dispute with the
defendant (filing an application), if this is provided
for by law for this category of disputes;
9)
list of attached documents.
When considering cases on the application of
measures of influence to legal entities and citizens
(hereinafter referred to as measures of influence), the
controlling div is obliged to prove the circumstances
that are the basis for the application of measures of
influence.
According to generally accepted rules, legal behavior is
such behavior that complies with the rules of law and
does not contradict them, is not limited by law and
acceptable code of conduct [2].
An offense is a socially dangerous act committed by a
capable person in the form of action or inaction,
contrary to the requirements of the law and causing
harm to a person, property, state and society as a
whole [3]. Such an act may harm or jeopardize legally
protected social relations.
M.N. Marchenko emphasizes in his works that there is
a legal and factual side to harm. The legal side of the
offense consists in the violation of the subjective rights
of the participants in the legal relationship or the
obstruction of the fulfillment of the legal obligations of
the subjects of law. The actual side of the offense is
manifested in the infliction of material or moral harm
to the participant of the legal relationship [4].
Any offense cannot be grounds for prosecution or
enforcement. To be prosecuted or brought to criminal
32
Volume 04 Issue 01-2022
The American Journal of Political Science Law and Criminology
(ISSN
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2693-0803)
VOLUME
04
I
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01
Pages:
27-33
SJIF
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MPACT
FACTOR
(2020:
5.
453
)
(2021:
5.
952
)
OCLC
–
1176274523
METADATA
IF
–
7.659
Publisher:
The USA Journals
responsibility, this socially dangerous act must be
prohibited by a specific regulatory legal act.
Enforcement measures are similar in nature to legal
liability, meaning that the purpose of both is to prevent
the subsequent commission of an offence. According
to the scientific literature, responsibility is a
multifaceted concept. The concept of philosophical
responsibility is at the same time a category of law and
ethics, reflecting the social and moral-legal attitude of
the individual to society and determined by the
fulfillment of moral and legal obligations by him [5].
Responsibility can be political, legal or ethical. Legal
liability is understood as the punishment of the
offender,
the
elimination
of
the
negative
consequences caused by it and the deprivation of
certain rights and privileges.
Legal liability is the application by the state of coercive
measures to the offender on the basis of sanctions
provided for by law. These measures include: personal
(deprivation of liberty); property (fine); can be
organizational
(deprivation
of
certain
rights;
dismissal).
Legal liability is divided into types of offenses: criminal,
civil, administrative, disciplinary [6].
In conclusion, we can say that the procedural basis for
the application of legal sanctions are the appeals of
regulatory authorities, and the material basis is an
offense. A necessary condition for the application of
legal sanctions is the presence of guilt. As for the guilt
of a legal entity, it can be expressed in the guilty
actions of an employee in connection with the
performance of labor functions. If the guilty act is
committed through no fault of an individual employee,
the responsibility for it lies with the various divisions of
the legal entity. However, in any case, the fault of a
legal entity is not the fault of an individual, but of the
whole community, since the imposition of full or partial
compensation by a legal entity on a guilty individual
does not change anything in essence.
Any offense cannot be grounds for prosecution or
enforcement. To be prosecuted or brought to criminal
responsibility, this socially dangerous act must be
prohibited by a specific regulatory legal act.
The need for law enforcement measures and their
application by the court is explained by the fact that
the submission to the courts by regulatory authorities
of evidence confirming the violation by a legal entity or
citizen of the requirements of regulatory legal acts
opens a wide path to ensuring the rights of
entrepreneurs. Because today there are cases of
arbitrary, unreasonable and excessive debiting of
money from the accounts of entrepreneurs by tax and
other regulatory authorities. To prevent such cases, it
is more effective to resolve these issues in court. Also,
when considering cases on the application of measures
of influence against legal entities and citizens
(hereinafter referred to as measures of influence), the
supervisory authority is obliged to prove the
circumstances that led to the application of measures
of influence.
Analyzing the data on law enforcement measures, I
would like to make the following proposal: it is argued
that cases on the application of measures of legal
influence are not economic disputes arising from
administrative legal relations, and a proposal is made
to transfer this category of cases from economic
courts to administrative courts. This is due to the fact
that cases on the application of legal sanctions arise
from purely administrative and legal relations, and in
this category of cases, the state div performing the
function of control, of course, acts as a party. If this
div reveals a certain violation of the law in the
exercise of its supervisory functions and establishes
33
Volume 04 Issue 01-2022
The American Journal of Political Science Law and Criminology
(ISSN
–
2693-0803)
VOLUME
04
I
SSUE
01
Pages:
27-33
SJIF
I
MPACT
FACTOR
(2020:
5.
453
)
(2021:
5.
952
)
OCLC
–
1176274523
METADATA
IF
–
7.659
Publisher:
The USA Journals
the existence of grounds for taking certain measures in
relation to an economic entity, it applies to the court.
REFERENCES
1.
Bulletin of the Supreme Council of the Republic of
Uzbekistan, 1995, № 1.
2.
Marchenko M.N. Theory of Government and
Rights. Textbook. 2nd edition. M., 2005. – P. 621.
3.
Saburov N., Saidullaev Sh. Theory of State and Law
/ Textbook. - Tashkent: TSIL, 2011. – P. 147.
4.
General theory of state and law. Academic course,
ed. M.N. Marchenko. T.2. M., 2000. – P. 125.
5.
Philosophical dictionary / under. ed. M. Rosenthal.
1972. – P. 299.
6.
Saburov N., Saidullaev Sh. Theory of State and Law
/ Textbook. - Tashkent: TSIL, 2011. – P. 147.
