The USA Journals Volume 03 Issue 05-2021
53
The American Journal of Political Science Law and Criminology
(ISSN
–
2693-0803)
Published:
May 31, 2021 |
Pages:
53-58
Doi:
https://doi.org/10.37547/tajpslc/Volume03Issue05-09
I
MPACT
F
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2021:
5.
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‘
ABSTRACT
The article describes the object, subject, essence of the objective and subjective aspects of crimes
against the person in the Criminal Code of the Republic of Uzbekistan, as well as the features of the
qualification of these crimes. Crimes against the person have been interpreted from the point of view
of criminal law and analyzed in detail.
KEYWORDS
Person, crime, object, subject, objective side, subjective side, criminal code, criminal policy.
INTRODUCTION
The main purpose of the fundamental legal
reforms being carried out in our country is to
develop a state governed by the rule of law and
a prosperous civil society, in which the rights
and interests are fully guaranteed. In this
regard, the ongoing reforms in the field of
Theory Of Application Of Criminal Law Considerations On The
Legal Analysis Of The Content Of Crime Against The Person In
The Crime Code Of The Republic Of Uzbekistan
Akbar Saloxitdin Oglu Aknazarov
Master Student, Tashkent State University Of Law, Tashkent, Uzbekistan
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
54
The American Journal of Political Science Law and Criminology
(ISSN
–
2693-0803)
Published:
May 31, 2021 |
Pages:
53-58
Doi:
https://doi.org/10.37547/tajpslc/Volume03Issue05-09
I
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F
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2021:
5.
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criminal law are aimed, first of all, at building a
democratic legal society, increasing the
welfare of the people, raising the level of
inconvenience to a higher level, ensuring the
protection of human rights.
THE MAIN RESULTS AND FINDINGS
The Criminal Code of the Republic of
Uzbekistan is based on the provisions of the
UN Universal Declaration of Human Rights, the
Convention against Torture and other
international instruments, as well as the
Constitution of the Republic of Uzbekistan on
human life, health, freedom, honor, dignity,
personal inviolability and family. and defines
the interests of minors as important tasks in
the implementation of the demands for the
protection of political, socio-economic and
personal rights of citizens.
As the President of the Republic of Uzbekistan
Shavkat Mipziyoyev noted: “The essence and
ultimate goal of the state policy pursued in our
country today is to constantly be aware of the
concerns, problems and needs of our people,
to increase their material well-being. , a decent
level and quality of life. to protect their
peaceful life. " In this regard, to reveal the legal
nature of crimes against the person, the
concept of this type of crime, the specifics of
crimes, their types and rules of qualification, as
well as knowledge of state policy in the fight
against this type of crime. The promotion of
crime and its current capabilities is important.
It is necessary to reveal the jupidical content of
the crime against the person and the socio-
sociological meaning of the crime, the
interrelationship between its constituent
nopmalap and criminal law and other cohalapi
nopmalapi of the law, the scientific analysis of
the ulap. At the same time, it is necessary to
systematize the theoretical knowledge of
juvenile delinquency categories and rules, to
reveal the practical aspects of the guilt, to
qualify the crimes in this group, to apply the
rules of criminal law correctly and to analyze
the rules in accordance with the rules.
In the theory of criminal law, the problem of
crimes against the person has always been the
focus of scholars, researchers, and a lot of
literature has been created on the legal
analysis of these issues. In particular, in
Uzbekistan, scientists M. H. Rustamboyev
(1998), F. Tokhirov (2001) and A.A. The
Otajonovs (2012) have prepared and published
textbooks that fully cover the criminal law
norms against crimes against the person, as
well as textbooks and commentaries on
criminal law.
In each of the publications on the subject,
which has a very deep and comprehensive
meaning, the authors have given definitions
and recommendations on the concept,
category and characteristics of the crime,
based on their approach and point of view.
Therefore, it is not surprising to come across
different opinions in the literature on this topic,
but it is appropriate to accept them as an
expression of the unique worldview of each
author, the style of observation.
From this point of view, it can be seen that in
recent years, scientific articles, monographs,
manuals,
textbooks
and
commentaries
prepared by our scientists have given a specific
description of the basic principles of this topic.
In general, the definition of crimes against the
person is defined in the Criminal Code and
directly protects the life, health, sexual
The USA Journals Volume 03 Issue 05-2021
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The American Journal of Political Science Law and Criminology
(ISSN
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2693-0803)
Published:
May 31, 2021 |
Pages:
53-58
Doi:
https://doi.org/10.37547/tajpslc/Volume03Issue05-09
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freedom, liberty, honor and dignity and
constitutional rights and freedoms of the
individual, as well as the interests of the family
and minors. can be expressed as socially
dangerous acts that encroach on social
relations in the field.
The “Crimes against the Person” section of the
Special Part of the Criminal Code of the
Republic of Uzbekistan includes seven
chapters, namely: Crimes against life; Crimes
against health; Life-threatening or life-
threatening crimes; Crimes against sexual
freedom; Crimes against the family, youth, and
morals; Crimes against liberty, honor and
dignity; These include chapters on crimes
against the constitutional rights and freedoms
of citizens.
The legislature's placement of these crimes in
the first part of the Special Part of the Criminal
Code and stems from conceptual ideas of
protecting the interests of the individual.
The Criminal Code of the Republic of
Uzbekistan provides a legal basis for effective
protection of the individual against criminal
encroachment on crimes against the person,
protection of the rights and freedoms of
citizens and the interests of society and the
state, ensuring law and order.
Over the years, significant changes have taken
place in the criminal legislation of our country
to improve its norms, to implement advanced
international standards and foreign practices in
order to ensure the rights and freedoms of
citizens in the qualification.
Adoption of the Action Strategy on the five
priority areas of development of the Republic
of Uzbekistan for 2017-2021, which identifies
the most important areas of state policy in the
field of proper qualification of crimes against
the person and the improvement of criminal
legislation in general was a historically
significant phase of reform.
In particular, further liberalization of criminal
law and the removal of certain categories of
crimes from criminal jurisdiction, the list of non-
custodial sentences has been expanded.
At the same time, a number of problems and
shortcomings remain in the judicial practice,
including those related to the imperfection of
the criminal law, which impede the effective
implementation of the country's criminal
policy.
The concept of improving the criminal
legislation of the Republic of Uzbekistan itself
is enshrined in Article 13 of the Constitution of
the Republic of Uzbekistan: “Democracy in the
Republic of Uzbekistan is based on universal
principles, according to which a person, his life,
freedom, honor, dignity and other inviolability.
rights are the highest value. ” Therefore, one of
the main tasks of the Criminal Code of the
Republic of Uzbekistan is to protect the
interests, rights and freedoms of the individual
from criminal encroachment.
Indeed, human life and health are invaluable
assets, and it is a grave crime to deprive or
injure a person. This indicates the high level of
risk of this type of crime, as well as the high
level of social risk of crimes against the person,
as a result of their commission to life and
health, sexual freedom, the interests of family
and youth, moral norms, individual freedom,
and dignity, due to serious damage to the
constitutional rights and freedoms of citizens.
Crimes against the person are endangered by
the loss of social security, the loss of life,
The USA Journals Volume 03 Issue 05-2021
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The American Journal of Political Science Law and Criminology
(ISSN
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2693-0803)
Published:
May 31, 2021 |
Pages:
53-58
Doi:
https://doi.org/10.37547/tajpslc/Volume03Issue05-09
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health, sexual well-being, honor and dignity,
freedom of the individual, and the violation of
constitutional rights and freedoms.
The Special Part of the Criminal Code of the
Republic of Uzbekistan, entitled "Crimes
against the Person", is a related object of all
crimes included in the first section. In this
context, the protection of the interests of the
individual from criminal encroachment as the
object of this type of crime is seen as the basis
of their social relations and the underlying
system within it. A person is at the same time a
biological being and possesses certain rights
and freedoms, obligations, freedoms and other
social values. Every crime referred to in this
section violates the social relations that ensure
the existence of an individual in public life and
the normal exercise of his rights and freedoms.
In this context, these analyzes show that there
is no basis for contrasting the categories of
‘person’ and ‘person’ as objects of criminal
protection.
The culprit of a crime against a person can be a
person who has reached the age of 16 years. In
a separate case, for example, in the case of
aggravated manslaughter (JK 97-m. 2-q.) From
the age of 13, in the case of qaqd (KK 97-m. 1-
q.), In the case of strong mental excitement (JK
98-. m.), squatting (JK 104-m.), squatting
squatting (JK 105-m.), squatting or squatting
squatting in a state of intense mental
excitement (JK 106-m.). , sexual intercourse
(Article 118 of the Criminal Code), sexual abuse
of sexual desire through violence (Article 119 of
the Criminal Code), kidnapping (Article 137 of
the Criminal Code), as well as refusal to provide
material support to a minor or incapacitated
person. (Article 122 of the Criminal Code),
refusal to provide financial support to parents
(Article 123 of the Criminal Code), involvement
of a minor in antisocial behavior (Article 127 of
the Criminal Code), violation of the law on the
protection of a minor (Article 144 of the
Criminal Code). m.), organization of a rally or
pefependum, violation of the legislation on the
conduct of the offense (Article 146 of the
Criminal Code) to be found in the speech.
At the same time, the cube of a particular type
of crime against a person bears the mark of a
maxcuc cube. In Xucucan, the mother must
have performed her duties on the surface of
the kacb, such as the sudden death of her baby
(Article 99 CC), the detection of tanocil or HIV
infection / AIDC (CC 113), the miscarriage
(abopt) of the criminal record (CC 114).
negligence (Article 116 of the Criminal Code),
endangerment (Article 117 of the Criminal
Code), homosexuality (Article 120 of the
Criminal Code), forcing a woman to have sex
(Article 121 of the Criminal Code), juvenile or
incapacitated sex material deprivation (Article
122 of the Criminal Code), refusal to provide for
a parent (Article 123 of the Criminal Code),
polygamy (Article 126 of the Criminal Code),
violation of the equality of the spouse (Article
141 of the Criminal Code), violation of the
legislation of the Republic of Uzbekistan
(Article 144 of the Criminal Code), violation of
conscience (Article 145 of the Criminal Code),
organization of elections or pefependum,
violation of the legislation on the conduct of
labor (Article 146 of the Criminal Code),
violation of the right to work (Article 146 of the
Criminal Code). Article 148 of the Criminal
Code.
The objective aspect of an offense against a
person is often characterized by harassment or
indifference, which may infringe on the legally
protected interests of the person. The
legislature, as a determinant of a crime against
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The American Journal of Political Science Law and Criminology
(ISSN
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2693-0803)
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May 31, 2021 |
Pages:
53-58
Doi:
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a person, has identified a crime (formally) that
determines the nature of the consequences
(material) or does not take into account the
occurrence of such consequences. For
example, in order to assess the commission of
a crime as a material crime, it is necessary to
determine the origin of a specific consequence
provided for in the law. The fact that a person
was killed in the crime of intentional homicide
(Article 97 of the Criminal Code) does not
indicate that the crime has been completed.
Agap is qualified in the act of committing a
premeditated murder, unless the consequence
is due to a non-personal cabablap. Such crimes
can be observed in other crimes against the
person (for example, in crimes against health,
etc.).
In the formal form of a crime against a person,
it is sufficient that the act, which represents
the objective aspect of the crime provided for
in the law, is codified in order to consider the
crime as completed. In Macalan, the crime of
intimidation with the use of murder or violence
(Article 112 of the Criminal Code) is deemed to
have been completed from the time of
intimidation with the use of murder or
violence.
With the proliferation of crimes against the
person, it is important to identify the cause or
effect of the crime and the cause of the crime.
A causal link means that an unspecified pill
beep will not result in a criminal offense under
analysis.
The dispositions of some crimes against the
person also contain items of a blanket nature.
In particular, the destruction, demolition or
damage to historical or cultural monuments
(Article 132 of the Criminal Code), violation of
the legislation on citizens' appeals (Article 144
of the Criminal Code), the organization of
elections or referenda, their holding violation
of the legislation on (Article 146 of the Criminal
Code) and other similar criminal cases.
The subjective aspect of crimes against the
person is committed as a result of both intent
and negligence. Most of the criminal cases
under analysis involve the commission of a
crime in the form of intent (Articles 97-101, 103-
110, 113, 118-121, etc. of the Criminal Code, etc.),
but these crimes also include crimes that are
expressed in the form of negligence. (Article
102, Article 111 of the Criminal Code, etc.).
The motives and motives of the crime are
multiplied as a determinant of the criminal
offense (or at the base of the offense) (for
example, Articles 124, 130, 131, 133, 135 of the
Criminal Code, etc.).
The beep, which encroaches on the interests of
the legislature, protects social relations from
criminal encroachment. Ulapga can be
attributed to the life, health, sexual arousal,
freedom of the person, honor and dignity,
normal
family
relationships,
normal
development of minors and young people,
generally accepted moral values, and so on. For
this reason, the crime against the person is
divided into separate groups based on the
nature of the attack on the object of bevocita.
These include: 1) a life-threatening crime
(Articles 97-103 of the Criminal Code); 2)
committing a crime against health (Articles 104-
111 of the Criminal Code); 3) a crime
endangering life or health (Articles 112-117 of
the Criminal Code); 4) a crime of sexual
misconduct (Articles 118-121 of the Criminal
Code); 5) crimes against the family, youth and
morals (Articles 122-134 of the Criminal Code);
6) committing a crime against the freedom,
The USA Journals Volume 03 Issue 05-2021
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The American Journal of Political Science Law and Criminology
(ISSN
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2693-0803)
Published:
May 31, 2021 |
Pages:
53-58
Doi:
https://doi.org/10.37547/tajpslc/Volume03Issue05-09
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honor and dignity of a person (Articles 135-140
of the Criminal Code); 7) committing a crime
against the constitutional rights and privileges
of the citizen (Articles 141-149 of the Criminal
Code).
CONCLUSION
Thus, the protection of the interests of the
individual against criminal encroachment on
crimes against the person is a prerequisite for
the successful implementation of social justice.
Therefore, from the legal point of view, the
rule of law and the principle of impunity in the
proper qualification of crimes against the
person are assessed as bipi from the function
of the rule of law against crime. In this regard,
ensuring the security of the individual against
crimes against the person, protection of his
life, health, sexual safety, liberty, honor and
dignity, and protection of constitutional rights
and privileges are important aspects of law
enforcement activities.
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