The USA Journals Volume 03 Issue 04-2021
177
The American Journal of Political Science Law and Criminology
(ISSN
–
2693-0803)
Published:
April 30, 2021 |
Pages:
177-181
Doi:
https://doi.org/10.37547/tajpslc/Volume03Issue04-27
I
MPACT
F
ACTOR
2021:
5.
952
‘
ABSTRACT
The article discusses the issues of the execution of punishment in the form of restriction of freedom
in the Republic of Uzbekistan, a comparative legal analysis of the execution of punishment in the form
of restriction on the basis of foreign experience, the problems and ways of improving the order of
execution of punishment in the form of restriction of freedom are presented.
KEYWORDS
Restriction of freedom, inspection, electronic tracking devices, probation, electronic bracelet.
INTRODUCTION
To implement judicial and legal reforms and
liberalize criminal punishment, the Law of the
Republic of Uzbekistan dated August 10, 2015
"On Amendments and Additions to Certain
Legislative Acts of the Republic of Uzbekistan"
introduced a new type of punishment into the
system of criminal punishment: "Article 43,
clause. “D1” - restriction of freedom ”, in
connection with which the Criminal Code of the
Republic of Uzbekistan was supplemented
with articles 481“ Restriction of freedom ”and
841“ Restriction of freedom ”(in relation to
Execution Of Punishment In The Form Of Restriction Of
Freedom In The Republic Of Uzbekistan
Olimova Dilshoda
Master’s Degree Student Of Tashkent State Law University, 100047, Tashkent, 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
178
The American Journal of Political Science Law and Criminology
(ISSN
–
2693-0803)
Published:
April 30, 2021 |
Pages:
177-181
Doi:
https://doi.org/10.37547/tajpslc/Volume03Issue04-27
I
MPACT
F
ACTOR
2021:
5.
952
minors). The inclusion of restriction of freedom
as an alternative to imprisonment not related
to the isolation of the convict from society in
accordance with the Law of the Republic of
Uzbekistan dated 08/10/2015 is a direct
manifestation of the humanization of the
country's criminal legal policy.
The essence of the restriction of freedom
under our legislation lies in the attitude of the
convict, a complete ban on leaving the home
under one pretext or another, or restrictions
on leaving the home at a certain time of the
day.
MATERIALS AND METHODS
The procedure for the execution of the penalty
of restriction of freedom is enshrined in
Chapter 81 of the Criminal Executive Code of
the Republic of Uzbekistan. It streamlines the
procedure for the execution of punishment,
the timing of calculation, the procedure for
serving a sentence, responsibility for violating
the order and conditions for serving a sentence
in the form of restriction of freedom. The legal
basis for the activities of criminal executive
inspectorates is also the Order of the Ministry
of Internal Affairs of the Republic of
Uzbekistan No. 157 "Instructions on the
procedure for organizing the execution of
sentences in the form of deprivation of a
certain
right,
correctional
labour
and
restriction of freedom and control over
conditionally convicted persons" [1].
In particular, this decree defines the general
rules for the execution of punishment, the
duties of convicts, the execution of a court
sentence, control over the behaviour of
convicts, and deregistration of those convicted
of restriction of liberty. In accordance with
article 441 of the Criminal Executive Code of
the Republic of Uzbekistan, the execution of
punishment is carried out by the inspection of
the execution of the internal affairs bodies at
the place of residence of the convict or by
another div determined by the court,
designed to supervise the observance by the
convicts of the prohibitions (restrictions)
established by the court.
In contrast to the criminal executive law of
Russia, in the Republic of Kyrgyzstan, as in the
Republic of Uzbekistan, an internal affairs div
for the execution of punishment has been
elected as the div for the enforcement of the
restriction of freedom. Convicted to restriction
of freedom must comply with the prohibitions
(restrictions) established by the court, and also
be upon being summoned to the Inspectorate
for the Execution of Sentences to give oral or
written explanations on issues related to the
serving of the sentence.
The inspectorate of the internal affairs bodies
conducts interviews with convicts, explains the
procedure and conditions for serving the
sentence, also has the right to receive
information at the place of work and study of
the convict and, if necessary, meet with the
administration at the place of work and study
of the convict. If necessary, electronic means
of tracking can be applied to the convicted
person to whom this type of punishment has
been applied.
For round-the-clock observation of prisoners
sentenced to restraint of liberty, all technical
means are installed on-duty units of the
internal affairs bodies. If it is established that
the duties imposed on the convicted person
have been violated, the duty officer
immediately
notifies
the
punishment
enforcement
inspectorate,
and
the
The USA Journals Volume 03 Issue 04-2021
179
The American Journal of Political Science Law and Criminology
(ISSN
–
2693-0803)
Published:
April 30, 2021 |
Pages:
177-181
Doi:
https://doi.org/10.37547/tajpslc/Volume03Issue04-27
I
MPACT
F
ACTOR
2021:
5.
952
inspectorate takes measures, clarifies the
situation and eliminates them.
If the convicted person violates the rules for
using electronic means of tracking, while
serving the sentence, the punishment
enforcement inspectorate submits a petition
to the court to replace the unserved term of
restriction of freedom with another type of
punishment.
If the convicted person causes problems with
the use of electronic means of tracking, the
Inspectorate for the Execution of Sentences
sends the prosecutor a document for filing a
claim with documents attached to it on taking
measures to recover material damage from the
convicted person. The Inspectorate for the
Execution of Sentences and the Prosecutor
permit to leave the place of residence at a
certain time, to visit certain places located
within the relevant administrative territory, or
to leave the relevant administrative territory,
as well as permission to change the place of
residence.
The decision is made in exceptional cases,
based on the nature of the prohibitions
(restrictions), the personality of the convict, his
behaviour, and the availability of supporting
documents.
RESULTS AND DISCUSSION
In accordance with part 5 of article 443 of the
Criminal Executive Code, if the convicted
person during the period of serving the
sentence realizes his criminal acts, and firmly
takes the path of correction, compensates for
the material and moral damage caused, the
punishment
enforcement
inspectorate
submits to the court a submission to cancel in
full or in part previously established convicted
person of prohibitions (restrictions). The
peculiarity of this paragraph is that its basis is
the purpose of punishment - i.e. correction of
the convict. Thus, this paragraph ensures the
right of obedient behaviour of convicts,
encourages them to comply with the regime.
This clause must be distinguished from parole
from serving a sentence following Article. 73 of
the Criminal Code of the Republic of
Uzbekistan. The differences between the
institutions under consideration are that a
prerequisite for conditional early release from
serving a sentence provides for the serving of
a certain period of the assigned sentence,
while Part 5 of the Criminal Code 481 does not
provide for terms of serving a sentence to be
exempted from prohibitions (restrictions). In
addition, Article 73 of the Criminal Code of the
Republic of Uzbekistan establishes a full
exemption
from
punishment
with
all
restrictions (prohibitions), and on the basis of
Article 481 part 5 of the Criminal Code, the
court can cancel in whole or in part the
additional prohibitions (restrictions) previously
established for the convicted person, without
exemption from the established by the court of
punishment in the form of a complete ban on
leaving the home under one pretext or
another, or restrictions on leaving the home at
a certain time of the day, as well as from those
imposed on the convicted person. The term of
restriction of freedom is calculated from the
day the convicted person is registered with the
punishment enforcement inspectorates. Both
supporters and opponents of this punishment
are interested
in
the issue of the
implementation of the restriction of freedom
in developed countries. For example, in the
USA the probation service is a punishment in
the form of restraint of liberty. This type of
punishment is provided for by the US Code of
Laws, which specifies the issues of assigning
The USA Journals Volume 03 Issue 04-2021
180
The American Journal of Political Science Law and Criminology
(ISSN
–
2693-0803)
Published:
April 30, 2021 |
Pages:
177-181
Doi:
https://doi.org/10.37547/tajpslc/Volume03Issue04-27
I
MPACT
F
ACTOR
2021:
5.
952
probation, the mandatory and discretionary
conditions assigned to the convict, the terms
of probation, the grounds for its cancellation
[2].
According to US law, probation is applied by a
court order under the supervision of special
bodies and involves several additional
restrictions, such as not visiting certain places,
refraining from communicating with certain
persons, refraining from possessing a firearm,
living in a public correctional institution,
prohibiting the possession of the property,
participation a convicted person in a public,
private or non-profit rehabilitation program,
etc.
Control over the behaviour of convicts is
carried out by an official. It is widely used
through the use of an electronic monitoring
device (electronic bracelet), which involves
monitoring convicts at home or during work
[3].
In Poland, restriction of freedom is served at
the place of residence as provided for in the
legislation of our Republic. According to part. 2
articles. 34 of the Criminal Code of Poland,
while serving a sentence of restraint of liberty,
a convicted person:
Cannot change the place of permanent
residence without the consent of the
court;
Is obliged to perform work specified by the
court;
Is obliged to give explanations regarding
serving the sentence;
Loses the right to hold elective positions in
public organizations [4].
The court also specifies the obligations to
perform public works for an unpaid amount for
public purposes specified by the court, at the
relevant enterprise, health service facility,
social protection, organization or institution
providing charitable assistance, or in favour of
the local community in the amount of 20 to 40
hours per month. It is noteworthy that for the
first time in the process of applying the
restriction of freedom, the court takes into
account the will of the convicted person
regarding the place, time, type and type of
work. At the same time, the Court indicates to
make deductions from 10 to 25% of earnings in
favour of the state or for public purposes.
Obviously, the punishment in the form of
restriction of freedom in Polish legislation
contains some signs of punishment in the form
of forced or corrective labour, and in a more
severe version than in our legislation. The
convicts are under the supervision of a
specialized div. It should be noted that the
level of development of such an institution as
the restriction of freedom is not the same in all
the countries considered. Each country has its
own characteristics, both positive and
negative.
At present, in our country there is no specific
mechanism for the implementation of legal
restrictions imposed by the restriction of
freedom; it has yet to be created by issuing the
relevant norm-setting acts. Taking into account
the lack of practice and sufficiently fully
formulated scientific explanations of the
executive order, serving a sentence in the form
of restriction of freedom, scientists will
investigate ways to improve the quality and
effectiveness of its application. With the
complexity and cost of organizing the
enforcement in the practice of restraint of
liberty at present there is no positive dynamics
in the use of electronic means of tracking and
supervision of prisoners sentenced to restraint
of
liberty.
Thus,
only
the
convict's
The USA Journals Volume 03 Issue 04-2021
181
The American Journal of Political Science Law and Criminology
(ISSN
–
2693-0803)
Published:
April 30, 2021 |
Pages:
177-181
Doi:
https://doi.org/10.37547/tajpslc/Volume03Issue04-27
I
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F
ACTOR
2021:
5.
952
responsibility for damaging electronic means
of control and supervision can affect the
development of positive experience with the
use of electronic bracelets in the Republic of
Uzbekistan.
REFERENCES
1.
https://lex.uz/
2.
Shagidullina, Zh.V. (2012). Probation as
an alternative to imprisonment as a
form of criminal punishment in the
United States. F
Ә
n-science, (9), 44-47.
3.
Shagidullina, J. (2013). Penalty as a type
of criminal punishment in the United
States. TISBI Bulletin, (1), 207-214.
4.
The Criminal Code of the Republic of
Poland: [adopted on 01.01.1997]. URL:
http://www.crimpravo.ru/page/zar-uk
(date of treatment 08/04/2016
