The USA Journals Volume 03 Issue 07-2021
14
The American Journal of Political Science Law and Criminology
(ISSN
–
2693-0803)
Published:
July 30, 2021 |
Pages:
14-18
Doi:
https://doi.org/10.37547/tajpslc/Volume03Issue07-03
I
MPACT
F
ACTOR
2021:
5.
952
‘
ABSTRACT
This article discusses the issues of parents who involve their minor children in such types of antisocial
behavior as begging. The author analyzes the terminology, the reasons for the occurrence of such a
negative phenomenon, the existing legislative norms which provide for administrative and criminal
liability, the ineffectiveness of these norms in resolving the issue of punishing such parents. The author
of the article comes to the conclusion that it is necessary to study each specific case of parents
involving their children in begging and providing appropriate assistance to the family.
KEYWORDS
Minor children, antisocial behavior, begging, children's rights, protection of rights, deprivation of
parental rights, trusteeship, and guardianship.
INTRODUCTION
In the modern world, we often encounter such
vociferous slogans as "protection of children's
rights", "children are our future", "decent
upbringing and maintenance of children", "we
are against child labor", and many more. These
words are already frequently used that few
people pay due attention to them. A lot of
work has been done in the Republic of
Uzbekistan to ensure the protection of
children's rights, as well as special bodies for
their protection, upbringing, education has
been created, a number of normative legal acts
have been adopted, and international acts (for
example, the UN Convention on the Rights of
the Child [1]) for the protection of children's
rights have been ratified.
In 2020, the position of the Deputy
Commissioner for Human Rights of the Oliy
Family-Legal Methods Of Protecting The Rights Of Children
When Their Parents Involve Them In Begging In The Republic
Of Uzbekistan
Dinara Babajanova
PhD In Law, Tashkent State University Of Law, 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 07-2021
15
The American Journal of Political Science Law and Criminology
(ISSN
–
2693-0803)
Published:
July 30, 2021 |
Pages:
14-18
Doi:
https://doi.org/10.37547/tajpslc/Volume03Issue07-03
I
MPACT
F
ACTOR
2021:
5.
952
Majlis of the Republic of Uzbekistan
(Ombudsman) — the Commissioner for
Children's Rights was introduced in the
Republic of Uzbekistan [2], and a Public Council
for the Protection of Children's Rights was
established under the Commissioner in order
to monitor the observance of the rights,
freedoms and legitimate interests of the child.
But all these actions lose their meaning when
we encounter a child begging on the street.
Begging is a negative phenomenon in a society
that threatens public morality. O. A. Analyzing
this issue, Dizer [3] argues that the measures
taken to protect public morality from threats
associated with begging are ineffective, and
the result of applying the norms of legislation
is zero.
By I. F. To Safaryanov [4] begging is a parasitic
form of life activity, begging for money or
other tangible and intangible values from
strangers. Without bringing anything positive
to
society,
the
participants
of
this
phenomenon most often generate harmful
and negative events. They can manifest
themselves in undermining social balance,
violating public order and, even worse, in
encroaching on the rights of other citizens.
Begging is a form of child labor, an
unacceptable practice according to the United
Nations
and
the
International
Labor
Organization [5]. In addition, it is a violation of
the fundamental rights of the child, especially
the right to education, the right to good health
and the right to mental and physical
development [6]. Studies show that child labor
affects children's academic performance
because they have low academic performance
in school [7].
Nowadays, it is not uncommon for parents to
involve children in such anti-social behavior as
begging, by actively asking for money on the
streets, engaging in the sale of small household
goods, using young children, or disabled
people. Of course, the Republic of Uzbekistan
has already adopted a number of normative
legal acts to combat begging, including the
Criminal Code of the Republic of Uzbekistan
(article 127-1. Begging-introduced in 2019), the
Code of the Republic of Uzbekistan on
Administrative Responsibility (article 188-3.
Begging – introduced in 2019). However, these
norms, which provide for administrative and
criminal liability of parents when committing
the above-mentioned offenses and crimes, in
no way facilitate the consideration of children.
Since the sanction of article 188-3 of the Code
provides for the imposition of a fine in the
amount of 1 to 10 basic calculated values, or
arrest for up to 15 days, and article 127-1 of the
Criminal Code provides for punishment in the
form of mandatory community service,
correctional labor, restriction of liberty or
imprisonment.
The assumption that the application of these
sanctions against parents will protect the
rights of children is erroneous, although it is
quite legitimate. Since the consequences of
the application of these sanctions will have a
negative impact on the children themselves.
Firstly, children will be left without a parent
(which already contradicts the basic principles
of family legislation), perhaps his only close
person when applying a sanction in the form of
arrest or imprisonment; secondly, a parent
forced to pay a fine will face the problem of
paying it and will be forced to look for a source
of income again, in those conditions when he
already has nothing to feed his children.
The USA Journals Volume 03 Issue 07-2021
16
The American Journal of Political Science Law and Criminology
(ISSN
–
2693-0803)
Published:
July 30, 2021 |
Pages:
14-18
Doi:
https://doi.org/10.37547/tajpslc/Volume03Issue07-03
I
MPACT
F
ACTOR
2021:
5.
952
The above-mentioned provisions prove the
ineffectiveness
of
the
application
of
administrative and criminal law in relation to
parents who are in a difficult life situation and
involve their minor children in begging. O. A.
comes to a similar conclusion. Dizer [3], claims
that in the Russian Federation, in the vast
majority of cases, an administrative penalty is
imposed in the form of a warning against
persons engaged in begging, since the
application of a fine is ineffective since after
receiving a copy of the decision on an
administrative offense, the person does not
pay it.
Studying the issues of the reasons for the
involvement of minors in begging by parents,
A. K. Teokharov [8] notes that the need to find
additional earnings leads to the fact that
parents pay less attention to their children, due
to the inability to get a job, parents involve
their children in begging, both jointly and
alone, motivating their children that it is
necessary to earn money for the purchase of
food. Of course, in this case, parents do not
always think about the psychological trauma
and moral suffering of the child, which he
experiences standing with an outstretched
hand
and
being
recognized
by
his
acquaintances, friends, classmates.
The family legislation of the Republic of
Uzbekistan also has its own specific sanctions
(deprivation of parental rights-article 79 of the
Family Code) against parents who involve their
children in anti-social behavior. Article 79 of the
Family Code provides for grounds for depriving
parents (or one of them) of parental rights,
among which there is "abuse of their parental
rights". It is precisely this point that falls under
the actions of parents to involve their children
in begging. That is, if the fact of involving a
minor in antisocial behavior is established on
the basis of an appeal from state bodies
engaged in activities to protect the rights of
children, parents (or one of them) may be
deprived of parental rights.
In this case, the children remain with another
parent, or are transferred to the guardianship
and guardianship authority, which, according
to the rules provided for by family legislation,
decides on the placement of children left
without parental care. And even in this case,
we face negative consequences for children.
All
the
above-mentioned
norms
of
administrative, criminal and family legislation in
this problem contradict the basics of family
law, the primary right of children – the right to
live and be brought up in a family (article 65 of
the Family Code). In addition, article 65
provides for the right of the child to ensure his
interests, respect for his human dignity, as well
as (article 67) to protection from abuse by
parents. Here we are faced with a conflict of
norms. On the one hand, we should adhere to
the law and "punish" parents, but on the other
hand, by punishing parents, we will violate the
rights of children. In our opinion, in this
situation,
we
should
adhere
to
the
proportionality
and
sufficiency
of
punishments, be guided by the criteria of the
best interests of the child, and in addition, it is
necessary to study the reasons for such
behavior of parents and, as necessary, provide
effective assistance to a family in a difficult life
situation.
The best interests of the child is an institution
of family law, which does not have specific
criteria for assessing what is best for the child
(to engage in begging and be with parents, or
not to engage in this activity, but to lose
The USA Journals Volume 03 Issue 07-2021
17
The American Journal of Political Science Law and Criminology
(ISSN
–
2693-0803)
Published:
July 30, 2021 |
Pages:
14-18
Doi:
https://doi.org/10.37547/tajpslc/Volume03Issue07-03
I
MPACT
F
ACTOR
2021:
5.
952
parents and be brought up in orphanages). For
the most part, the above institution is used
directly by the courts themselves in law
enforcement practice. And in each individual
case, the actions of the court may be different.
Thus, based on the analysis, we came to the
following conclusions:
1.
Begging is an antisocial phenomenon that
negatively affects society and the persons
involved in it, which generates many other
adverse consequences established by
administrative and criminal law;
2.
The involvement of children's parents in
begging has its own reasons, among which
the main one is the inability of the parent
(parents) to feed their family due to the
lack of earnings;
3.
Neither criminal, nor administrative, nor
family laws can give a concrete solution
that satisfies everyone to establish the
responsibility of parents for involving
children in begging;
4.
The institute of the best interests of the
child does not have clearly defined criteria
and for this reason, in each case, the courts
should be guided solely on the basis of the
available case materials.
REFERENCES
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Конвенция о правах ребенка. Принята
резолюцией
44/25
Генеральной
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https://www.un.org/ru/documents/decl_c
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Постановление Президента Республики
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IPEC. (2015, June 10). World report on child
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The USA Journals Volume 03 Issue 07-2021
18
The American Journal of Political Science Law and Criminology
(ISSN
–
2693-0803)
Published:
July 30, 2021 |
Pages:
14-18
Doi:
https://doi.org/10.37547/tajpslc/Volume03Issue07-03
I
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ACTOR
2021:
5.
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8.
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