The USA Journals Volume 03 Issue 09-2021
26
The American Journal of Political Science Law and Criminology
(ISSN
–
2693-0803)
Published:
September 30, 2021 |
Pages:
26-29
Doi:
https://doi.org/10.37547/tajpslc/Volume03Issue09-05
I
MPACT
F
ACTOR
2021:
5.
952
‘
ABSTRACT
The article analyzes the relevance of protecting the rights of medical workers in the Republic of
Uzbekistan, as well as certain elements of threats and violence in connection with the performance of
their duties as medical workers, increasing the criminal liability of those guilty of violence against
medical workers. The article analyzes the components of responsibility for threats and violence
against medical personnel in the legislation of some foreign countries, aggravating circumstances.
KEYWORDS
Offense, crime, criminal structure, criminal responsibility, punishment, sanction, use of force in
connection with the performance of official duties by medical personnel, resistance.
INTRODUCTION
Today, the criminal law aspects of protecting
the rights of medical workers are increasingly
expanding. The epidemiological situation
associated with COVID-19 shows the need to
study the criminal-legal component of
protecting the rights of medical workers. For
example, the famous Russian shooter of
Simferopol shot an ambulance crew in October
2015. The death of thousands of medical
workers, the growth of aggression or violence
in connection with the performance of their
duties requires the improvement of the
Issues Of Responsibility For The Use Of Violence Against
Medical Personnel In Connection With The Performance Of
Their Official Duties
Azizova Shalola Sobir Qizi
Davlat Xizmatlari Agentligi Toshkent Shahar Boshqarmasi Xodimi, Toshkent, 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.
The USA Journals Volume 03 Issue 09-2021
27
The American Journal of Political Science Law and Criminology
(ISSN
–
2693-0803)
Published:
September 30, 2021 |
Pages:
26-29
Doi:
https://doi.org/10.37547/tajpslc/Volume03Issue09-05
I
MPACT
F
ACTOR
2021:
5.
952
criminal codes of the world, revision of
legislation to protect the rights of medical
workers [1-3].
THE MAIN PART
Aggression or violence is prohibited by law not
only against certain professionals, but also
against any citizen. To date, in the past two
years alone, there have been 266 incidents of
violence against health workers, with 340
health workers affected. In particular, in 2019,
79 cases of attacks on ambulance personnel
were registered, in 2020 - 42 cases, and for 5
months of 2021 - 11 cases of attacks on
ambulance personnel. Today, there is a
situation not only with bodily harm to medical
personnel, but also cases of aggression, even
extortion [4,5]. In 2019, law enforcement
agencies received 17 complaints related to an
attack on doctors. For example, on August 21,
2021 in Andijan, citizen F. Azimov entered the
ward of the head of the orthopedic
department
of
the
Andijan
regional
multidisciplinary medical center B. Shavkatov,
accusing him of improper treatment of his
mother, strangled the doctor, tied his hands
and tried to burn him with 1.5 liters , brought
with him gasoline. Due to this circumstance, on
August 22, a criminal case was opened by the
investigation department of the Andijan City
Department of Internal Affairs, part 1 of Art.
112, item “b”, part 2 of article 173, article 25. The
investigation has been completed, the criminal
case has been sent to the court for
consideration on the merits. In addition, citizen
J. Kuvondikov arrived at the surgical
department
of
the
Jizzakh
regional
multidisciplinary children's medical center on
June 29, 2019 at 10:30 am and, in revenge for
his brother, who died as a result of an
operation with a diagnosis of echinococcosis,
repeatedly stabbed Khazratkulov in the chest
and abdomen. , for the purpose of causing
death. Due to the intervention of other medical
staff, J. Kuvondikov was unable to fulfill his
criminal goal. In this connection, a criminal case
was initiated against him under Part 1. Art. 25-
97 of the Criminal Code (attempted murder).
The above examples show that there is a need
to strengthen accountability for aggression
and threats of violence against medical
personnel. The state must create a system of
comprehensive material, social, psychological,
legal protection of medical workers and, of
course, criminal protection. The current
Criminal Code of the Republic of Uzbekistan
contains provisions on the protection of
medical personnel from criminal aggression
[6,7]. In particular, the following norms are
enshrined in the Criminal Code: clause “g” part
2 of Article 97 of the Criminal Code, i.e. willful
murder of a person or his close relatives in
connection with the performance of his official
or civic duty, item "b", part 2, art. 104 of the
Criminal Code, i.e. infliction of grievous bodily
harm (deliberate infliction of grievous bodily
harm) Part two "b" the infliction of grievous
bodily harm by a person or his close relatives in
connection with the performance of his official
or civic duty, paragraph "c", part 2, art. 105 of
the Criminal Code, i.e. infliction of medium-
gravity bodily harm by a person or his close
relatives in connection with the performance
of his official or civic duty, Art. 112 of the
Criminal Code, i.e. threat of murder or violence.
In addition, article 140 of the Criminal Code
criminalizes insulting medical personnel in
connection with the performance of their
official or civil duties. In our opinion, such
standards are not enough for medical
personnel or their close relatives in connection
The USA Journals Volume 03 Issue 09-2021
28
The American Journal of Political Science Law and Criminology
(ISSN
–
2693-0803)
Published:
September 30, 2021 |
Pages:
26-29
Doi:
https://doi.org/10.37547/tajpslc/Volume03Issue09-05
I
MPACT
F
ACTOR
2021:
5.
952
with the performance of their official duties [9-
10]. attacks on medical personnel, violence
endangers the lives of medical personnel, leads
to disability and can lead to dissatisfaction of
medical personnel with their profession, which
will lead to dismissal. In this case, the lack of
qualified medical personnel directly affects the
quality of medical services and the health of
the population. In addition, item “g”, part 3,
article 277 of the Criminal Code provides for
criminal liability for hooliganism against a state
official, public figure or other citizen who has
taken measures to prevent hooliganism [6]. If
he actively resists the state official or public
figure responsible for the arrest or other
citizens who have taken measures to prevent
(suppress) hooligan acts, including the use of
violence against them at the level of moderate
injuries, such an act is punishable under clause
“d ”, Part 3, article 277 of the Criminal Code.
Additional qualifications are not provided for in
other articles of the Criminal Code by
paragraph 10 of the Resolution of the Plenum
of the Supreme Court of the Republic of
Uzbekistan dated June 14, 2002 No. 9 “On
judicial practice in cases of hooliganism”. In
this case, in the event of harassment of medical
personnel in the performance of their official
duties, subparagraph “g” of Part 3 of Article
277 shall not apply. Responsibility for
resistance in relation to medical workers
performing official duties as a general rule is
provided for in article 219 of the Criminal Code
of the Republic of Uzbekistan. However,
although Article 219 of the Criminal Code
provides for liability for resisting a government
official or a person performing a civic duty,
Chapter 8 entitled “Legal Meaning of Terms”
does not cover health workers with the term
“government officials”. The concept of civic
duty is defined in the Resolution of the Plenum
of the Supreme Court of the Republic of
Uzbekistan dated September 24, 2004 No. 13
"On judicial practice in the case of
premeditated murder," according to which the
fulfillment of civic duty is understood as the
exercise by a citizen of both the duties specially
assigned to him by law, and other socially
useful actions (suppression of offenses,
reporting to the authorities about a committed
or impending crime or about the whereabouts
of the wanted person, giving by a witness or
victim testimony incriminating a person of
committing a crime, etc.) [11]. In this case, too,
the duty of the medical staff cannot be
considered a civic duty. In this regard, special
criminal liability should be established for
resistance to the performance of official duties
by medical personnel.
CONCLUSION
In order to protect the rights and legitimate
interests of medical workers, the Code of
Administrative Responsibility of the Republic
of Uzbekistan should include article 197-7
"Unlawful interference in the legal activities of
medical
workers
or
obstructing
the
performance of their duties." In addition,
taking into account the experience of foreign
countries, it is necessary to introduce article
219-1 "Counteraction to the legal activities of
medical personnel" and establish separate
criminal liability. Violence against medical
personnel or their close relatives in connection
with the performance of their official duties,
prevention of aggression, ensured the
inevitability of responsibility.
The USA Journals Volume 03 Issue 09-2021
29
The American Journal of Political Science Law and Criminology
(ISSN
–
2693-0803)
Published:
September 30, 2021 |
Pages:
26-29
Doi:
https://doi.org/10.37547/tajpslc/Volume03Issue09-05
I
MPACT
F
ACTOR
2021:
5.
952
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