The USA Journals Volume 03 Issue 04-2021
94
The American Journal of Political Science Law and Criminology
(ISSN
–
2693-0803)
Published:
April 30, 2021 |
Pages:
94-98
Doi:
https://doi.org/10.37547/tajpslc/Volume03Issue04-15
I
MPACT
F
ACTOR
2021:
5.
952
‘
ABSTRACT
All the ways of the imposition a more lenient punishment are considered particularly in the article. The
issues of individualization of punishment are also discussed. The article deals with the general
principles of sentencing. The article examines the aspects of the application of each method of the
imposition a more lenient punishment, under what circumstances each method is used, and under
what circumstances it is impossible to apply a concrete method. Examples from the legislation of the
Republic of Uzbekistan are also given. The article analyzes the sanctions of the articles of the Special
Part of the Criminal Code of the Republic of Uzbekistan. The article considers the authors' opinions on
certain issues.
KEYWORDS
The imposition a more lenient punishment, individualization of punishment, general principles of
sentencing, the methods of the imposition of a more lenient punishment, punishment below the lower
limit, system of penalties, sanction.
INTRODUCTION
Sentencing is the activity of a court aimed at
applying measures of state influence to a
The Methods Of The Imposition Of A More Lenient
Punishment According To The Legislation Of The Republic Of
Uzbekistan
Mukhayyo Karamatullo Qizi Akbaralieva
Masters Student, Tashkent State University Of Law, 5А240116 «Theory And Practice Of The
Application Of Criminal Legislation», Uzbekistan
Journal
Website:
http://usajournalshub.c
om/index,php/tajpslc
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 04-2021
95
The American Journal of Political Science Law and Criminology
(ISSN
–
2693-0803)
Published:
April 30, 2021 |
Pages:
94-98
Doi:
https://doi.org/10.37547/tajpslc/Volume03Issue04-15
I
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F
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2021:
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952
person found guilty of a crime, which is
expressed in the choice of the type and
amount of punishment.
The penalty is imposed on the basis of the
general principles provided for in article 54 of
the Criminal Code of the Republic of
Uzbekistan.
According to this norm, the penalty is
established within the scope of the article's
sanction based on the provisions of the
General Part of the Criminal Code. The
following circumstances are taken into account
in the general principles of sentencing: 1) the
nature and degree of public danger; 2) the
motive; 3) the nature and extent of the harm
caused; 4) the identity of the perpetrator; 5)
the circumstances mitigating and aggravating
the punishment.
THE MAIN RESULTS AND FINDINGS
These rules apply to every criminal case, which
is why they are called general rules. But at the
same time, there are special rules for
sentencing.
The penalty, according to the criminal
legislation of the Republic of Uzbekistan, is
applied for the purposes of: 1) correcting a
person; 2) preventing the continuation of
criminal activity; 3) preventing the commission
of new crimes by both convicted persons and
other persons.
The issues of individualization of punishment
are currently the most relevant when assigning
punishment.
Individualization of punishment is expressed in
the maximum compliance of criminal-legal
measures of influence to the goals of
punishment, taking into account the degree of
public danger of the crime committed by the
person and data about his personality,
including
mitigating
and
aggravating
circumstances.
The imposition of a more lenient sentence is a
special rule of sentencing. Special rules help to
individualize the punishment as much as
possible. When assigning a more lenient
sentence, one of the main tasks of sentencing
is carried out – the humanization of
punishment.
According to article 57 of the Criminal Code of
the Republic of Uzbekistan, there are three
ways to impose a more lenient sentence.
The first method
is the imposition of a penalty
below the lowest limit provided for in the
article of the Special Part of the Criminal Code
for this crime.
When imposing a sentence below the lowest
limit, the court chooses the type of punishment
specified in the sanction of the article, but at
the same time reduces the minimum term or
the amount of this punishment.
For the application of this method, the
minimum term or the amount of punishment
must be specified in the sanction of the article.
For the application of this method, the
minimum term or the amount of punishment
must be specified in the sanction of the article.
If the lower limit is not specified, the court
cannot apply this method. The Criminal Code of
the Republic of Uzbekistan contains a
sufficient number of articles, the sanctions of
which do not specify the minimum term or the
amount of punishment. For example, part 1 of
Article 111 of the Criminal Code of the Republic
of
Uzbekistan
(Negligent
infliction
of
moderate bodily injury is punishable by a fine
of up to twenty-five basic calculation values or
The USA Journals Volume 03 Issue 04-2021
96
The American Journal of Political Science Law and Criminology
(ISSN
–
2693-0803)
Published:
April 30, 2021 |
Pages:
94-98
Doi:
https://doi.org/10.37547/tajpslc/Volume03Issue04-15
I
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ACTOR
2021:
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952
mandatory community service of up to three
hundred hours or correctional labor of up to
two years); part 1 of Article 167 (Theft by
misappropriation or embezzlement of other
people's property entrusted to the guilty
person or under his jurisdiction, is punishable
by a fine of up to one hundred basic calculation
values or mandatory community service of up
to two hundred and forty hours or correctional
labor of up to one year); part 1 of Article 221 of
the Criminal Code of the Republic of
Uzbekistan (Disobedience to the legal
requirements of the administration of the
penitentiary institution is punishable by up to
three years 'imprisonment); part 1 of Article 222
of the Criminal Code of the Republic of
Uzbekistan (Escape from custody or from
custody is punishable by up to five years'
imprisonment);
When using this method, some contradictions
arise. There is an opinion that underestimating
the term of imprisonment below the lowest
limit, and not applying instead other more
lenient types of punishment specified in the
sanction, is inappropriate.
T. V. Nikolaeva on this occasion states the
following: «The imposition of the most severe
type of punishment in the presence of
alternative milder types of punishment in the
sanction does not correspond to the idea of
mandatory mitigation of punishment in the
presence
of
exceptional
mitigating
circumstances, since the court could have
chosen any type of punishment from among
the sanctions provided for, up to the mildest»
[1, P. 140].
However, E. V. Blagov, in contrast to the above,
believes that: «The legislator considered it
possible to impose punishment in this way,
provided that a less severe type of punishment
will not be able to achieve its goals, and the
minimum amount of a more severe
punishment in this case is high» [2, P. 55].
We agree with the latter opinion. According to
article 42 of the Criminal Code of the Republic
of Uzbekistan, punishment is applied for the
purpose of correcting, preventing the
continuation of criminal activity, as well as
preventing the commission of new crimes by
both convicted persons and other persons.
And therefore, the court, based on the above
rules, may consider it appropriate to impose a
sentence of imprisonment with a reduction in
the lower limit, although the sanctions of the
article may include other milder types of
punishment. For example, the sanction of part
1 of article 104 of the Criminal Code of the
Republic of Uzbekistan provides for penalties
in the form of restriction of liberty and
deprivation of liberty. In a particular case, the
court may conclude that a sentence of
imprisonment should be imposed to correct
the person. And the minimum term of
imprisonment, in this case – 3 years, can be
high. And in this case, the court reduces the
minimum term of imprisonment below the
lowest limit.
The court, based on the purposes of the
punishment, may consider it appropriate to
impose a sentence of imprisonment with a
reduction of the lower limit, although other
milder types of punishment may be included in
the sanction of the article.
The second method
is the appointment of
another, more lenient punishment, which is
not provided for in the article of the Special
Part of the Criminal Code for this crime.
Article 43 of the Criminal Code reflects the
system of punishments. The types of
The USA Journals Volume 03 Issue 04-2021
97
The American Journal of Political Science Law and Criminology
(ISSN
–
2693-0803)
Published:
April 30, 2021 |
Pages:
94-98
Doi:
https://doi.org/10.37547/tajpslc/Volume03Issue04-15
I
MPACT
F
ACTOR
2021:
5.
952
punishments are arranged in sequence from
less severe to more severe. According to this
system, a fine is the mildest form of
punishment. And therefore, many believe that
if the sanction of a particular article already has
this type of punishment, then the use of the
second method of assigning a more lenient
punishment is impractical.
This opinion is supported by M. N. Stanovsky:
«If, for example, the sanction of the article as a
punishment provides only for deprivation of
liberty for a certain period, then the court has
the right to impose any punishment on a
person before deprivation of liberty. If, for
example, the sanction of the article provides
for a penalty in the form of a fine in addition to
imprisonment, then the considered option of
assigning a milder penalty cannot be applied,
since the fine is the mildest type in the system
of punishments» [3, P. 283].
In the Criminal Code of the Republic of
Uzbekistan, there are also such articles in the
sanctions of which the punishments are not in
sequence, that is, there is an interval between
the punishments. For example, article 237 of
the Criminal Code of the Republic of
Uzbekistan "False denunciation". The sanction
of part 1 of this article provides for penalties in
the form of a fine, restriction of liberty and
imprisonment. In this case, the question arises:
"Can the court in this case apply the second
method of assigning a milder penalty, because
here, in the sanction of the article, there is
already the mildest penalty-a fine". For many
convicts, the fine may seem more severe than
other types of punishment.
It is not necessary that the type of punishment
is milder than the mildest punishment specified
in the sanction of the article. It is enough that
it is milder than any punishment specified in the
sanction.
The third method
is the non-application of
mandatory
additional
punishment,
the
application of which is provided for in the
article of the Special Part of the Criminal Code.
When using this method, there are no
questions, unlike the two previous methods.
This method is applied only if the additional
type of punishment in the sanction of the
article is established as mandatory, when its
application is mandatory together with the
other main type of punishment.
In the system of punishments of the Criminal
Code of the Republic of Uzbekistan, only the
deprivation of a certain right can be both basic
and additional. Therefore, the third method of
assigning a more lenient punishment is
associated with the deprivation of a certain
right.
And so, in thirty-two articles of the Criminal
Code of the Republic of Uzbekistan, the
deprivation of a certain right is established as a
mandatory additional punishment. These are
the following articles: part 3 of Article 168;
Article 175; Article 188; parts 2 and 3 of Article
1921; parts 2 and 3 of Article 1922; parts 2 and 3
of Article 1923; Article 1925; part 2 of Article
1926; part 2 of Article 194; part 2 of Article 195;
part 2 of Article 196; part 2 of Article 201; part 2
of Article 205; part 2 of Article 206; part 3 of
Article 207; part 2 of Article 209; part 1 of Article
210; article 2294; parts 2,3,4 of Article 2295;
article 2301; article 2302; article 235; part 2 of
Article 236; article 2411; part 2 of Article 253;
part 2 of Article 255; part 2 of Article 257; part 2
of Article 258; Part 2 of Article 259; article 261;
parts 2 and 3 of Article 266; part 1 of article
2785.
The USA Journals Volume 03 Issue 04-2021
98
The American Journal of Political Science Law and Criminology
(ISSN
–
2693-0803)
Published:
April 30, 2021 |
Pages:
94-98
Doi:
https://doi.org/10.37547/tajpslc/Volume03Issue04-15
I
MPACT
F
ACTOR
2021:
5.
952
CONCLUSION
Thus, in conclusion, it is worth noting that each
method of assigning a milder sentence differs
from the others in its rules, originality, and that
the court can apply a specific method, it must
take into account many circumstances. The
imposition of a more lenient sentence is a right
of the court, not an obligation. Therefore, the
court may apply article 57 of the Criminal Code
only if it deems it necessary. It should be noted
once again, that when assigning a more lenient
sentence, one of the main tasks of sentencing
is carried out – the humanization of
punishment.
REFERENCES
1.
Николаева Т. В. Назначение более
мягкого
наказания,
чем
предусмотрено
за
данное
преступление (вопросы теории и
практики). Диссертация на соискание
ученой
степени
кандидата
юридических наук. Уфа, 2005. – 190 с.
URL:
https://www.dissercat.com/content/na
znachenie-bolee-myagkogo-
nakazaniya-chem-predusmotreno-za-
dannoe-prestuplenie-voprosy-
teor/read.
2.
Благов Е. В. Назначение наказания:
(теория и практика). — Ярославль:
Яросл. гос. ун-т., 2002. — 187 с. URL:
http://www.lib.uniyar.ac.ru/edocs/iuni/
20020906.pdf.
3.
Становский
М.Н.
Назначение
наказания. — Санкт Петербург:
«Юридический центр Пресс», 1999. —
480 с.
