The USA Journals Volume 03 Issue 05-2021
98
The American Journal of Political Science Law and Criminology
(ISSN
–
2693-0803)
Published:
May 31, 2021 |
Pages:
98-111
Doi:
https://doi.org/10.37547/tajpslc/Volume03Issue05-16
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‘
ABSTRACT
This article provides considerations on the prevention of sexual offenses against minors. The article
also covers the activities of the subjects of prevention of crimes against the sexual integrity of minors
and provides relevant suggestions and recommendations.
In addition, this article analyzes the normative legal acts of the Republic of Uzbekistan. In addition,
this article examines the importance of the family in the prevention of crimes against the sexual
integrity and sexual freedom of minors, especially the high incidence of such crimes within the family,
which means that important measures need to be developed in this area.
This article discusses the registration of unhealthy families and the establishment of constant public
control over them, the identification of morally unhealthy parents with various behavioral disorders,
their upbringing through community influence, and the behavior of parents whose disorders may
adversely affect their minor children. Opinions were expressed on the need for prevention and
appropriate recommendations for its prevention.
KEYWORDS
Minors, crimes, punishment, liability, prevention, sexual freedom, sexual integrity, aggression,
measures.
Considerations For The Prevention Of Crimes Against The
Sexual Integrity Of Minors
Salomat Saparovna Niyozova
DSc In Law, Acting Professor Of The Department Of Criminal Law, Criminology And Fight
Against Corruption Of Tashkent State University Of Law, Uzbekistan
Dr. Ravinder Kumar
Associate Professor Law Niilm University Kaithal, India
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 05-2021
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INTRODUCTION
It is known that most of the reforms carried out
in recent years in our country are aimed at
protecting human rights, enhancing its place in
society and in the state, protecting it from
various aggressions, creating opportunities for
the exercise of their rights and interests.
The future of any society and state directly
depends on the assessment of the moral
perceptions and behavior of the population, as
well as their moral health. The moral views of a
society are encompassed by the system of
duties and honors, justice and injustice, good
and evil, traditions and customs, ideas and
rules of conduct and norms that prevail among
a particular community, as well as the
individual morality of the individual. assessed
as an object of criminal protection.
Criminal-legal protection of generally accepted
norms of morality is protected by the norms of
various sections and chapters of the Criminal
Code (crimes against the person, crimes
against public order, etc.). However, the main
task of these norms is to protect the moral
health and inviolability of the individual
(representing the interests of the individual)
and the population living in a particular area.
Based on this, the Action Strategy for the five
priority areas of development of the Republic
of Uzbekistan for 2017-2021 sets tasks such as
the
increasing
the
effectiveness
of
coordination of activities in the fight against
crime and in the prevention of a crime3.
1
Q.R.Abdurasulova, O.Zokirova. Criminology.
Training manual. - T .: TDYuI, 2003. - P. 28-29.
Indeed, the protection of the person from
criminal aggression, the problem of combating
crime, can be solved only by strict compliance
with applicable laws and when the crime is
considered the most negative situation in the
life of society. Our government pays special
attention to this issue and promotes the fight
against crime in all documents. One of the main
tasks of our state is to strengthen and reinforce
the rule of law in society, to further improve
and increase the efficiency of the work carried
out to increase the responsibility of the
judiciary, prosecutors, justice and law
enforcement agencies in this regard.
Today, one of the most dangerous crimes, the
actions that must be addressed and are
important for society and directed against the
person, is violating sexual freedom and
inviolability, and the actions against morality.
This, in turn, indicates the need to further
improve and increase the effectiveness of the
mechanism of criminal prosecution for this
crime.
Prevention of crimes against the sexual
integrity and freedom of minors is one of the
important tasks aimed at educating them
today as a comprehensively developed
generation of our country.
It should be noted that the prevention of
sexual offenses against minors, as well as the
prevention of any crime, must be scientifically
based and legal
1
.
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The issue of crime prevention has long been of
interest to scientists. Reflections on this can
also be found in the works of the ancient
Greeks, Plato and Aristotle. According to Plato,
the law should discourage people from
committing crimes. Aristotle, on the other
hand, emphasized the importance of fighting
immoral customs and habits. Later, other
thinkers
also
addressed
this
issue.
Montesquieu,
Beccaria,
Voltaire,
AN
Radishchev showed that the supreme power
can direct the actions of citizens to the rule of
law
through
means
of
prohibition,
encouragement and warning
2
.
When taking preventive measures to combat
sexual crimes and offenses, it is necessary to
distinguish two groups of persons to whom
such measures are applied: persons with
previous convictions and those whose
subjective characteristics do not preclude their
possibility of committing offenses.
As for the first group, the courts are obliged to
determine the sum of the circumstances that
led to the commission of the crime on the basis
of the principle of subjective guilt.
This criterion should include all the subjective
determinants of the crime (interests, motives,
etc.) that led to the formation of criminal
intent, as well as the circumstances and factors
that influenced the commission of the crime.
Once the court has identified the real motives,
it should develop a strategy of preventive work
that is carried out with the individual who
committed the crime.
In this regard, one thing should be taken into
2
A.I.Alekseev А. I. Criminology .: Course lecture. -
M .: 1999, - P. 115.
account that if criminological preventive
measures affect the conditions and objective
and subjective causes of crime, coercive legal
measures affect only subjective causes and
conditions, factors that affect the individual
3
.
Regardless of the reasoning on which the court
is based, the specific circumstances of the case
and the identity of the defendant must be
carefully considered, as this is a necessary
condition for the convict to be psychologically
influenced. However, this should not allow for
a breach of the close link between the intent to
prevent the commission of new crimes, both
by convicts and by other persons intended to
be punished.
The law, which establishes strict criminal
liability for sexual assault, is of great
educational importance. Therefore, it would be
wrong to equate the role of criminal law in the
fight against sexual violence only to a means of
punishing perpetrators. When criminal law
applies to any person, including those who
have
committed
sexual
violence,
its
importance is not limited to the role of the
“fortress” that protects the individual and
public order. Recognizing this or that action as
criminal and punishable, it inculcates in the
citizens a negative attitude towards these
actions, involving them in the fight against
these actions. This is why advocacy of the law
is so important. In particular, legislation
establishing liability for sexual assault should
not only be communicated to young people,
but should also be comprehensively explained.
In such conversations, it is necessary not only
to inform about the penalties for this crime,
3
Criminology: General frequency. SPb., 1992. - P.
141.
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but also to expose its social danger,
immorality, inhumanity, to educate young
people in the spirit of hatred for disorderly sex
and violence in general.
Finally,
the
educational effect on the convict during the
execution of the sentence, raising his level of
consciousness and knowledge also nurtures in
man a more stable basis in the field of sex,
because sex education is inseparable from
general education.
In addition, in determining measures to
prevent crimes against the sexual integrity and
sexual freedom of minors, special attention
should be paid, first of all, to the causes and
conditions of these crimes and the elimination
of socially dangerous consequences resulting
from the crime.
In order to prevent the criminal behavior of
persons who violate the sexual integrity of
minors, it is necessary to identify the following
characteristics of the offender:
Whether this person has previously
committed a crime or not;
The presence of mental anomaly in the
person;
Determination of the place of employment
of the person or the range of persons with
whom he is in contact. For example,
individuals trying to infringe on the sexual
integrity of young children are often
employed in children’s institutions;
4
Yu.M.
Antonyan,
A.A.
Tkachenko,
B.V.
Shostakovich.
Criminal
sexology.
Under.
ed.
Antonyan Yu.M. - M .: Spark, 1999 .-P. 397-398.
Committing
sexual
offences
during
childhood or adolescence due to sexual
interest or illness;
Symptoms of hysterical illness when
communication with the members of the
opposite sex;
The commission of immoral and sexual acts
that do not give rise to criminal liability;
Suicide attempts that were committed as a
result of sexual failures;
Presence of unmotivated acts committed
by a person using sexual violence
4
.
Measures for the prevention of crimes against
the sexual integrity and sexual freedom of
minors can be divided into general, or social
preventive
measures,
and
special
(criminological) preventive measures.
The general prevention of this type of crime is
comprehensive and is carried out by the
creation of conditions for the positive
development of society, the development of
existing social, economic, political and other
institutions, the elimination of incidents and
disparities that lead to crimes against the
sexual integrity of minors, reducing the
harmful effects of such conditions. General
preventive measures can also be referred to as
indirect prevention. In other words, crime is
prevented by ensuring general well-being in
the society, development of all social relations
in the society, elimination of poverty,
unemployment, child neglect, difficult living
conditions, freedom of society, elimination of
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immorality and corruption organized by
individuals and groups using democracy.
Among the social measures for the prevention
of sexual assault on minors, it is important to
ensure the spiritual growth of members of
society, the development of their spiritual,
cultural, moral and legal consciousness.
Because committing sexual crimes shows how
low the moral and cultural level of the
perpetrator is, his level of immorality,
unconsciousness.
The family, which is the most important
institution in society, plays a special role in the
prevention of crimes against the sexual
integrity and sexual freedom of minors. In
particular, the high incidence of this type of
crime within the family means that important
measures need to be developed in this area.
This includes the registration of unhealthy
families and the establishment of constant
public control over them, the identification of
morally unhealthy parents with various
behavioral disorders, upbringing them through
public influence, and, if upbringing is not
possible, the behavior of parents whose
disorders may adversely affect their minor
children should be avoided. In addition, the
implementation of measures aimed at
improving the leisure time of families, the
implementation of measures to eliminate child
neglect will also have a positive effect.
In our view, the fact that the main part of
crimes against the sexual integrity and sexual
freedom of minors requires stemming from the
victimization of victims, the development and
5
A.V. Frank. Victimology and victimization. -
Dushanbe, 1972 .-- P. 25.
6
S.S.Niyozova. Criminal law and criminological
aspects of crimes against morality: Monograph. //
implementation of victimological measures
against them. At the same time, the focus
should be on the victimization of juvenile
victims and the sexual, physical and mental
harm inflicted on them as a result of the crime.
Therefore, as a preventative measure against
the crimes of sexual integrity and sexual
freedom of minors, the idea that “In addition
to reducing the number of people prone to
crime, special attention should also be paid to
reducing the number of victims of such criminal
aggression”
5
should not be overlooked. To do
this, it is important, first of all, to properly bring
up minors
6
.
But today we pay less attention to the field of
sex life, which is one of the most important
areas of life, and we do not pay attention to the
sexual education of young people. As a result,
young people face a problem as soon as they
encounter the first relationship in this area, and
in most cases it ends up with a violation of the
sexual integrity of minors. To prevent this, it is
advisable to organize sex education classes in
the family and in educational institutions in
conjunction with medical staff .
The violence in a family also leads to the
emergence of crimes against the sexual
integrity and freedom of minors. According to
the results of research, female persons are
victims in 75.8% of cases of domestic violence.
For example, women become victims in 70% of
cases of threats of murder or causing serious
harm. As the study conducted by scientists has
shown, most often victims of pressure in the
family are the wives (cohabitants) (48.1%),
children (15.6%), as well as the parents (14.2%)
Responsible
editor:
Yu.f.d.,
professor
G.Z.Tulaganova. – P. 52.
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of the culprit. In addition, these crimes are
committed against spouses (cohabitants)
(5.1%), sisters and brothers (3.8%), as well as
other family members or relatives of the
perpetrators - grandfathers, grandmothers,
grandchildren,
uncles,
aunts,
nephews,
parents and siblings of husbands (cohabitants)
and others (13.2%). On the whole, members of
the female family own an overstated degree of
victimization, the proportion of which among
all the victims of domestic violence crimes
learned is 75.8%. Analysis of domestic violence
offenses was most frequently reported
between 6pm and 12pm. During these 6 hours,
46.5 percent of total crimes were committed.
Minimum violence time is 4.1% between 06:00
am and 9:00 am. Therefore, it is important to
monitor the environment and the situation in
the family in the late evening, effectively
utilizing the capabilities of the wider
community and community members
7
.
The most common of the factors determining
the criminological characterization of the
victim in aggression against the sexual integrity
and liberty of minors are the consumption of
alcohol by the juvenile in conjunction with the
aggressor, unethical behavior of a minor,
seductive clothes (mini skirts, etc.), turning
conversations into sexual topics, seductive
jokes, anecdotes and more can be shown.
According to the materials of the criminal case
study, 28% of the juvenile victims smoked, 34%
smoked and drank alcohol, 18% used drugs, and
20% had tattoos on the victim's div. Also, in
this type of crime - in 55% of cases the victim
was intoxicated, and in 30% of cases the victim
drank alcohol with the accused.
7
S.S.Niyozova. Prevention of Crime in the Family
and the Role of Victimology in the Republic of
Uzbekistan. International Journal of Advanced
The vast majority of crimes (57% in a closed
room (including an apartment or other living
room), 12% in stairwells, basements, elevators,
stairs or stairwells in home entrances, cars);
20% on the street, alley or park; 6% occurred in
public places. In 5% of cases, the crime scene
could not be identified.
We also see that juvenile delinquency is
widespread (27% of victims were raped, 13%
were assaulted), and the sexual and marital
status of the victims was psychologically
affected. All of these situations serve to trigger
and exacerbate the criminogenic situation as a
victim behavior.
We study such victim behavior dividing it into
three groups:
1.
Behavior that incites to commit a crime. In
such a case, the victim engages in actions
that encourage individuals who are less
familiar with his or her behavior or who are
not at all familiar to have sex in an
unfamiliar place (the defendant’s home or
elsewhere). Victims of this behavior make
up 10-15% of victims of sexual crimes (1/3 of
the research of German scientists).
2.
The victim had a behavior that provided an
objective opportunity to have sex, even it
was not provacative. For example, a
woman may walk alone in the evening
when there is no one and there is a risk of
aggression, and so on. Such behaviors
accounts for 35-40% of victims.
3.
Neutral behavior. That is, a person creates
conditions for him without realizing that he
will become a victim of crime through his
behavior. This category of people includes,
Science and Technology Vol. 29, No.3, (2020). p.
3960
– 3969.
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first of all, young children and the elderly,
who make up 45-60% of the victims.
According to the results of the research, the
study of the criminogenic characteristics of
victims of aggression against the life, health,
sexual integrity and freedom of minors
requires their classification according to age. In
our opinion, the following classification is
appropriate in this regard: Criminological
description of juvenile victims under 14 years of
age and 14 to 18 years of age.
Without a doubt, the criminogenicity of
juvenile victims under 14 years of age is
different from that of 14–18 years of age.
Juveniles (young children) in the first group
know that they have been abused and
tortured. But they may not be able to explain it
clearly. And if the victims are school-age
children, they are often embarrassed to tell
adults about the bad behavior that has been
committed against them. Children between
the ages of 12 and 14 are unaware that sexual
acts committed
against
them
are a
contamination of their physical and spiritual
(moral) purity. In this regard, E.B Melnikova
rightly noted that the genetic, demographic
and individual mental qualities of today’s
children and adolescents lead primarily to their
change depending on certain conditions.
The second group, the minors between the
ages of 14 and 18, are sometimes prone to
prostitution. Because it satisfies the sexual
interest that is aroused in them. This group
requires the study of victims in two more
categories: those aged 14 to 16 years and those
aged 16 to 18 years.
The reason we divide the victims of these
crimes into such categories is that crimes
against the sexual integrity of minors are
directed against persons under the age of 16.
At the same time, minors between the ages of
16 and 18 can only be victims of rape, sexual
exploitation and prostitution.
This is because such individuals, unlike victims
under the age of 16, understand the negative
consequences of the actions that may be taken
against them. Thus, the following can be
cited as factors contributing to the latency of
crimes against the health, sexual integrity and
liberty of minors:
1.
Insufficient life experience and low rate of
legal consciousness of the victim;
2.
Cowardice, not to be ashamed, as well as
to avoid the “talk” of neighbours in the
neighborhood;
3.
Fear that the minor’s future marriage will
be disrupted;
4.
Threats as a revenge by the assailant and
his close relatives or friends;
5.
Failure to notify law enforcement agencies
in time, etc.
For example, the culprit Sh, starting from mid-
2017 to the end of 2018, steadily raped his
stepdaughter A, and sexually abused her in an
unnatural way. It was only when his wife
realized this and reported it to law
enforcement that his crime was exposed. Till
that time, A. did not tell anyone about his
stepfather’s behavior.
One of the criminological features of juveniles
who are victims of this type of crime is
explained by the fact that they try not only to
inform their parents or other elderly relatives,
but also to keep their relationship as secret as
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possible. Consequently, sexual assault causes
serious damage to the health and personality
of minors. It is not a matter of protecting the
sexual integrity of the child, but of the
individual’s right to physical and socially
healthy development.
The activities of the subjects are also important
in the conduct of sexual education and the
prevention of neglect of minors.
Appraisal concepts in criminal law is a
necessary
circumstance,
since
no
alternative, solutions that are more
effective have been found
8
.
Indeed, in accordance with paragraph 2 of the
Regulation
“On
interdepartmental
commissions on juvenile affairs” approved by
the President of the Republic of Uzbekistan on
March 14, 2017 No PP-2833 “On measures to
further improve the system of crime
prevention
and
fight
against
crime”,
republican commissions, as well as regional
commissions, district (city) commissions are
the bodies carrying out their activities on a
public basis, which are:
Prevention of neglect, uncontrollability,
delinquency and other antisocial behavior
among minors, identification and elimination
of their causes and conditions;
ensuring the protection of the rights, freedoms
and legitimate interests of minors;
8
Kh K. F. Extreme cruelty is as the way of committing
crime of murder: theoretical-practical problems and
their solutions //European Journal of Research.
https://journalofresearch. info/–Vienna, Austria. –
2019. – Т. 4. – №. 10. – С. 8-11.
for the purpose of social and pedagogical
rehabilitation of minors in socially dangerous
situations.
In the document, it is said that territorial
commissions are accountable to higher
commissions in their activities, keep them
informed and report on their activities on a
quarterly basis
9
.
Article 9 of the Law of the Republic of
Uzbekistan adopted in September 8, 2017 “On
protection of children from information
harmful to their health” also defines the
activities of the republican interdepartmental
commissions on juvenile affairs.
Our national legislation pays special attention
to the rights and interests of children, the
prevention of juvenile delinquency, as well as
their protection. The attention of all citizens
and officials is focused on the comprehensive
development of young people. Particular
attention is paid to the development of young
people, both physically and spiritually healthy,
their happiness, a prosperous future, the
upbringing of a generation that is second to
none in the world.
In addition, the Law of the Republic of
Uzbekistan adopted in September 29, 2010
“On the prevention of uncontrollability and
delinquency among minors” is directed at the
solutions for such issues as clear determination
of system bodies and institutions dealing with
these issues, regulation of their tasks,
directions and functions, as well as the grounds
and procedure for the organization of
9
Regulation of the President of the Republic of
Uzbekistan
dated
March
14,
2017
"On
interdepartmental commissions on juvenile affairs".
Collection of legislation of the Republic of
Uzbekistan. - March 27, 2017. - №12., Article 184.
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individual preventive work with minors and
families requiring special attention, the
procedure and grounds for placement of
minors in specialized educational institutions
and centers of social and legal assistance, the
legal status of minors in socially dangerous
situations;
legal
and
pedagogical
rehabilitation.
It should be noted that in some cases, sexual
offenses committed by minors necessitate
constant monitoring. It is especially important
to help young people to organize their free
time properly, and to control them during this
period. According to criminologists, crimes of
rape and violence against minors are more
common in the summer. Because they are on
summer vacation at this time and are free from
pedagogical supervision.
It is also important to make effective use of the
capacity of the workforce in the prevention of
sexual crimes. Because the person spends
most of their time with the work team.
Creating an environment of hatred for various
impurities in the work community has a
positive effect on an individual’s proneness to
crime
10
.
The following measures also play a positive
role in the overall prevention of crimes against
the sexual integrity and sexual freedom of
minors: establishing
social
control
over
individuals who are capable of committing
sexual offenses, taking into account their
behavior and the description given by the
public; establishing administrative control over
10
Yu.Musaev. Juveniles and recidivism // J. Life and
law. - 2001. - №4. - P. 55-56.
11
Khudaykulov F. K. Force And Threat Of Violence
Are As The Ways Of Commission Of Rape: National
individuals previously convicted of rape or
other sexual offenses; taking operative
measures related to the notification of
persons, preventing the commission of the
crime of rape; taking special measures to
rehabilitate and improve the behavior of
persons convicted of sexual offenses, and to
carry out legal, psychological and medical
measures against persons serving sentences in
penitentiaries;
introduction
of
post-
prophylactic prevention of persons who have
committed rape and other sexual crimes
related to administrative control, as well as
through the use of medical measures;
introduction and practical application of
victimological prophylaxis.
Rape and other sexual assaultsare commonly
committed in industrialized countries, and are
becoming more common throughout the
world. Insome countries’ jurisdictions, male-
female rape is the only form of rape counted in
the statistics. many countries may not define
forced and threat of violence sex on a spouse
as “rape”. But those criminal acts are
considered a crimein criminal law which
belongs to those countries. Although rape is
expressed the same in the legislation of
different countries, it differs in some. rape as a
crime is three the ways of commission crime
11
.
The reasons for the selection of compositions
are the following signs: time, situation, mental
state of the mother. The first two are related to
the objective side of the crime while the third
to the subject of the crime
12
.
And Foreign Experience //Psychology and Education
Journal. – 2021. – Т. 58. – №. 1. – С. 1123-1132.
12
Feruzbek K. OFFENCE OF INFANTICIDE:
NATIONAL AND FOREIGN EXPERIENCES
//Review of law sciences. – 2020. – №. 4.
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The use of measures against socially negative
conditions, such as the prevention of
alcoholism, drug addiction, prostitution etc. is
also necessary in the prevention of sexual
assault of minors. Because the analysis of
forensic practice shows that sex crimes are
often committed in a state of intoxication or in
conjunction with prostitution. While the
general prevention of crimes against the sexual
integrity and sexual freedom of minors is
carried out through the development of the
criminal capacity of society and all its
institutions, special prevention by the
competent authorities to reduce, attenuate,
eliminate criminogenic factors of crimes
against the sexual integrity and sexual freedom
of minors consists of a set of measures aimed
at preventing the continuation of criminal
activity of persons who may or may not have
committed a new crime, and for a specific type
and specific prevention.
The General Directorate for the Prevention of
Offenses of the Ministry of Internal Affairs of
the Republic of Uzbekistan (hereinafter - the
Main Directorate) is a structural subdivision of
the Ministry of Internal Affairs (hereinafter -
the Ministry of Internal Affairs) of the Republic
of Uzbekistan in the system of internal affairs
bodies, which provides, in accordance with the
legislation, methodological guidance and
coordination of the activities of the units for
the prevention of offenses of internal organs
affairs. It is also worth noting that in order to
improve the structure of the Main Directorate,
as well as improve the quality of work of
subjects of prevention and crime prevention,
the Decree of the President of the Republic of
Uzbekistan dated April 10, 2017 “On measures
to radically increase the efficiency of the
activities of the internal affairs bodies,
strengthen their responsibility for ensuring
public order, reliable protection of the rights,
freedoms and legitimate interests of citizens"
In particular, the following directions were set
to improve the prevention and prevention of
crimes:
the introduction of a qualitatively new routine
for organizing the work of republican, medium
and lower-level crime prevention units, taking
into account the precise definition and
separation of their main tasks, functions and
responsibilities, preventing the assignment of
inspectors for the prevention of functions
uncharacteristic of them;
the organization of preventive work in narrow
cooperation with the population, citizens' self-
government bodies and other civil society
institutions, aimed, first of all, at providing
early warning of crimes, raising the legal
culture in the community, instilling respect for
citizens in the law and intolerance to any
manifestations of violations of the law;
development of a system of work with minors
and youth aimed at educating them in the spirit
of love for the motherland, patriotism, respect
for national and universal values, protecting
the younger generation from the ideas of
terrorism, religious extremism, violence and
cruelty;
It is also worth noting that the improvement of
crime prevention and the activities of
prevention entities were indicated as one of
the directions by the President of the Republic
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of Uzbekistan in the Strategy for the Further
Development of the Republic of Uzbekistan
13
.
One of the important institutions for crime
prevention in this area is international
organizations. WHO, Sexuality and Family
Planning
Unit,
International
Planned
Parenthood, FIGIJ, international organizations
such as the Federation of Children and
Adolescent Gynecologists, Magdalene rescue
and rehabilitation
14
. Therefore, the state
bodies tasked with the prevention of crime in
our country should work in direct cooperation
with these international organizations to
combat crimes that infringe on the sexual
integrity and freedom of minors.
The most important specially authorized
bodies in the field of crime prevention are the
organs of internal affairs, which play an
important role in the prevention of crimes
against the sexual integrity of minors. Because
such organs may have broader experience and
special systems in the prevention of crimes.
The measures taken by the law enforcement
agencies to prevent crimes against the sexual
integrity and liberty of minors should be carried
out in two directions. The first is the usual rapid
search operations, which include:
Special measures to prepare for or determine
whether such crimes have been committed;
13
S.S.Niyozova. Prevention of Crime in the
Family and the Role of Victimology in the
Republic of Uzbekistan. International Journal of
Advanced Science and Technology Vol. 29, No.3,
(2020). p. 3960
– 3969.
14
Sexual abuse in adolescents. A handbook for cadets.
Edited by Professor Yu.A. Gurkin. - St. Petersburg:
PPMI, 1997. - P. 21.
Identifying individuals who are prone or
capable of committing sexual offenses based
on their behavior and characteristics;
Reporting by analyzing the abovementioned
circumstances and individuals, and forecasting
crimes against sexual integrity in the future
etc..
A selfish goal, that is, the desire of the
perpetrator to obtain material benefits by
illegal means. It is expressed in the desire to
have the actual opportunity to illegally own,
use and dispose of someone else's property as
his own, that is, personally consume or use it in
another way, sell, donate, lend to other
persons, as payment for debt or services
rendered
15
.
That is, the first area is the collection and
analysis of information on crimes against
sexual integrity and liberty, and the preventive
measures outlined above. The second direction
is the development and implementation of
preventive measures, which will be carried out
in the following areas:
To take measures to inform the population
about the crime and its near-term forecast by
the press service of the organs of internal
affairs, its vigilant implementation, as well as
the formation of protective immunity against
persons who may be subjected to aggression;
15
Khudaykulov F. K. et al. Legal Analysis Of The
Theft And Its Objective Side In Uzbekistan And India:
National And Foreign Experience //The American
Journal of Political Science Law and Criminology. –
2021. – Т. 3. – №. 04. – С. 79-87.
The USA Journals Volume 03 Issue 05-2021
109
The American Journal of Political Science Law and Criminology
(ISSN
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2693-0803)
Published:
May 31, 2021 |
Pages:
98-111
Doi:
https://doi.org/10.37547/tajpslc/Volume03Issue05-16
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establishing
permanent
control
over
individuals who are prone or capable of
committing registered sexual offenses;
Taking concrete measures to prepare for and
prevent the commission of crimes against
sexual integrity;
Taking measures to prevent recidivism of
crimes against sexual integrity. The above-
mentioned preventive measures should, of
course, be of a rapid nature at the same time
16
.
Also, clear identification of the crime scene by
the organs of internal affairs is an effective tool
for crime prevention. For example, one of the
preventive measures is to compile a list of
crimes committed in summer resorts, mark
them in the “Road Maps” and strengthen
control by special units of the organs of
internal affairs in those areas. It is also possible
to prevent this type of crime by tightening
controls during school holidays - January,
March, May and summer.
Prosecution agencies also play a central role in
preventing crimes that infringe on the sexual
integrity and liberty of minors. Because the
prosecutor’s office coordinates the activities of
law enforcement agencies in the fight against
crime
17
.
Based on the above, the main tasks of the
prosecutor’s office in the prevention of crimes
against the sexual integrity and sexual freedom
of minors are:
16
S.S. Krashennikov. Prevention of mercenary crimes
committed in restaurant cars. Tutorial. - M., 1995 .--
P. 44.
17
Камалова, Д.Г., Рахимжонова, Н.Р., 2020.
Жиноятлaрни тaснифлaш тизими вa мезонлaрини
тaкомиллaштиришнинг
aйрим
мaсaлaлaри.
Develops, approves and implements programs
for the prevention of crimes against the sexual
integrity and liberty of minors;
Coordinates and supervises the activities of
state bodies charged with the prevention of
crimes against the sexual integrity and sexual
freedom of minors;
Participates in legislative activities on the
prevention of crimes against the sexual
integrity and liberty of minors;
Participates in legal advocacy activities aimed
at preventing juvenile delinquency and raising
their legal awareness and culture in this area,
as well as strengthening the rule of law;
Cooperates with other state bodies, public
organizations on the prevention of crimes
against the sexual integrity and liberty of
minors.
The role of the judiciary in eliminating crimes
against the sexual integrity and sexual freedom
of minors is also significant. Its civil registry
offices, which are part of its system, can
prevent sexual offenses with a person under
the age of sixteen that may occur through an
informal marriage
18
. To this end, the civil
registry offices should conduct legal advocacy
work on family and marriage issues among the
population, not only by refusing to register the
marriage when one of the parties to the
marriage is under the age of sixteen, but also
by they must be warned that they will be
prosecuted if they have sexual intercourse.
«Ҳуқуқий
тадқиқотлар» электрон журнали,
2(SPECIAL 3).
18
NR Rakhimjonova, Classification System of
Crimes in Criminal Code of the Republic of
Uzbekistan, Psychology and Education Journal 58
(1), 1094-1101
The USA Journals Volume 03 Issue 05-2021
110
The American Journal of Political Science Law and Criminology
(ISSN
–
2693-0803)
Published:
May 31, 2021 |
Pages:
98-111
Doi:
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I
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F
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2021:
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952
In order for the above-mentioned special
authorities to take regular measures to prevent
this type of crime: first, such measures must be
provided in an organized manner; second, it
should be applied only by the competent state
authorities; third, such authorities must have
complete and reliable information in a timely
manner; fourth, preventive measures should
come into force and be enforced through legal
norms. In addition to special government
agencies, citizens should be actively involved in
the prevention of crimes against sexual
integrity and sexual freedom by informing law
enforcement agencies that they are being
prepared or committed.
In addition to the above, a special institution, a
special psychiatric clinic, should be established
in the Republic of Uzbekistan for the
prevention of crimes against the sexual
integrity of minors
19
. The psychiatric clinic
maintains mentally ill maniacs who violate the
sexual integrity of young children and
juveniles, and specialists study their individual
(brain,
psychiatric)
changes
and
characteristics, and closely assists in the
prevention of new crimes committed by them.
In conclusion, in order to effectively prevent
crimes against the sexual integrity and liberty
of minors, it is necessary to simultaneously
identify the circumstances that create the
conditions for the crime, taking into account
the identity of the offender, the victim’s
behavior, age, family and personal life, time
and place of the crime.
19
N.Raximjonova, 2020. Jinoyatlar tasnifining
farqlanishi. “Odillik me'zoni” Vol. 11, pp. 36-39
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S.S.Niyozova. Prevention of Crime in the
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The American Journal of Political Science Law and Criminology
(ISSN
–
2693-0803)
Published:
May 31, 2021 |
Pages:
98-111
Doi:
https://doi.org/10.37547/tajpslc/Volume03Issue05-16
I
MPACT
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ACTOR
2021:
5.
952
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Technology Vol. 29, No.3, (2020). p. 3960 –
3969.
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Sexual abuse in adolescents. A handbook
for cadets. Edited by Professor Yu.A.
Gurkin. - St. Petersburg: PPMI, 1997. - P. 21.
15.
Khudaykulov F. K. et al. Legal Analysis Of
The Theft And Its Objective Side In
Uzbekistan And India: National And
Foreign
Experience //The American
Journal of Political Science Law and
Criminology. – 2021. – Т. 3. – №. 04. – С. 79-
87.
16.
S.S.
Krashennikov.
Prevention
of
mercenary
crimes
committed
in
restaurant cars. Tutorial. - M., 1995 .-- P. 44.
17.
Камалова, Д.Г., Рахимжонова, Н.Р.,
2020. Жиноятлaрни тaснифлaш тизими
вa мезонлaрини тaкомиллaштиришнинг
aйрим
мaсaлaлaри.
«
Ҳ
у
қ
у
қ
ий
тад
қ
и
қ
отлар»
электрон
журнали,
2(SPECIAL 3).
18.
NR Rakhimjonova, Classification System
of Crimes in Criminal Code of the Republic
of Uzbekistan, Psychology and Education
Journal 58 (1), 1094-1101
19.
N.Raximjonova,
2020.
Jinoyatlar
tasnifining farqlanishi. “Odillik me'zoni”
Vol. 11, pp. 36-39
