The USA Journals Volume 03 Issue 04-2021
68
The American Journal of Political Science Law and Criminology
(ISSN
–
2693-0803)
Published:
April 30, 2021 |
Pages:
68-72
Doi:
https://doi.org/10.37547/tajpslc/Volume03Issue04-11
I
MPACT
F
ACTOR
2021:
5.
952
‘
ABSTRACT
This article examines the fact that in a modern market economy, in which entrepreneurial activity is
widely developed, the introduction of penalties, and not the use of incentive norms in the commission
of criminal acts related to economic activity. Our current criminal legislation provides for more
exemption from punishment in incentive norms, therefore today in the criminal legislation there are
proposals for improving incentive norms aimed at exemption from liability.
KEYWORDS
Incentive norm, harm caused, crime, criminal liability, release from criminal liability, release from
criminal punishment.
INTRODUCTION
Economic crime is a complex set of several
dozen criminal offenses provided for in
criminal law. Some researchers include
economic crimes as greedy official crimes,
especially bribery. Thus, the high level of social
risk of economic crime is reflected in the fact
that it has a negative impact on the institutions
of society, the material basis of the state - a
Legal Analysis Of Crimes Committed In The Field Of
Economics
Allanov Said Akbarxon
Tashkent State University Of Law, Theory And Practice Of The Application Of Criminal Law
Specialty Student, 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
69
The American Journal of Political Science Law and Criminology
(ISSN
–
2693-0803)
Published:
April 30, 2021 |
Pages:
68-72
Doi:
https://doi.org/10.37547/tajpslc/Volume03Issue04-11
I
MPACT
F
ACTOR
2021:
5.
952
violation of the established order of economic
activity. It is characterized by some
peculiarities:
THE MAIN RESULTS AND FINDINGS
1.
The level of latency of crimes in the field of
economics is much higher. Most of them
are not identified based on applications
from citizens and officials. They are carried
out by persons authorized to manage the
property and ensure their integrity. The
mortality rate of some new types of
economic crimes is relatively low (e.g.,
fraud in obtaining bank loans). The same
can be said about the level of latency of a
dangerous crime such as counterfeiting.
2.
Crimes against the fundamentals of the
economy cause great harm to society.
3.
Crime in the economic sphere can become
a way of life for the majority of the
population,
forming
a
semi-criminal
mentality.
4.
Crime in the field of economics is by its
nature almost completely organized. In
most foreign countries, organized crime
mainly controls the sources of criminal
income - casinos, drug trafficking,
racketeering, arms sales, while in some
countries it controls the entire economy.
The concept of economic crimes is defined in
the Criminal Code of the Republic of
Uzbekistan as socially dangerous acts that
harm the national economy, its industries or
sectors or pose a real risk of such damage. The
commission of such crimes causes material
damage to individuals, public associations or
the state. In this context, it can be said that
economic crimes are considered as the basis of
social relations and the basic system in which
the protection of economic interests from
criminal encroachment is the object of this type
of crime. The interests of the economy are
expressed in the relations related to the
distribution of material goods, their production
and use, as well as in the distribution of the
products of labor.
By crimes in the economic sphere, we mean
socially dangerous acts defined in the Criminal
Code of the Republic of Uzbekistan, which
harm the national economy, its branches or
branches or pose a real risk of such harm. In the
third section of the Criminal Code of the
Republic of Uzbekistan, the crimes in the
economic sphere were discussed.
Crimes related to sabotage of business
activities, unlawful interference, and other
crimes that infringe on the rights and
legitimate interests of business entities.
In all of these crimes in the economic sphere,
the related object is the social relations that
provide important interests in the economic
sphere [1]. The interests of the economy are
expressed in the relations related to the
distribution of material goods, their production
and use, as well as in the distribution of the
products of labor.
Objectively, crimes related to economic cohaci
are coded in action or inaction. Crimes in the
field of economics can also be divided into the
types of crimes (formal) that determine the
condition of causing certain consequences
(material content) or do not provide for the
occurrence of such consequences as necessary
features. In order to assess the completion of a
crime in a crime in a material economy, it is
necessary to have a certain consequence
provided by law. In the formal compositional
types of crimes in the economic sphere, the
fact that an act representing the objective
aspect of the crime provided for in the norm of
The USA Journals Volume 03 Issue 04-2021
70
The American Journal of Political Science Law and Criminology
(ISSN
–
2693-0803)
Published:
April 30, 2021 |
Pages:
68-72
Doi:
https://doi.org/10.37547/tajpslc/Volume03Issue04-11
I
MPACT
F
ACTOR
2021:
5.
952
the law means that the crime has been
completed. In crimes in the economic sphere,
the acociy narca is the identification of the
causal link between this act and the resulting
criminal consequence. This is because a causal
link means that any circumstance that has not
been identified will not produce the content of
the offense under analysis.
Regarding the issue of liability and impunity for
non-economic crimes, the Criminal Code of the
Republic of Uzbekistan, in addition to crimes in
the economic sphere, includes crimes against
the person, crimes against peace and security,
crimes against the public, environmental
authorities,
environmental
authorities,
environmental authorities. liability for crimes
against the order of activity, crimes against
public safety and public order, and crimes
against the order of military service. There is a
norm that punishment in the form of
restriction of liberty and imprisonment shall
not be applied if the material damage inflicted
in the following crimes not related to economic
cohaci is compensated in the amount of three
times.
Article 132 of the Criminal Code establishes
criminal liability for the deliberate destruction,
destruction or damage to historical or cultural
monuments taken under state protection.
If a person has previously been subjected to an
administrative penalty under Article 64 of the
Code of Administrative Offenses for the same
act, the Criminal Code provides for criminal
liability under Article 132, Part 1.
The object of the crime is the protection of
interests such as the protection of social
morals, historical monuments and cultural
values.
The crime of hijab has been completed from
the moment of destruction, or damage, or
damage to historical or cultural monuments
protected by the state. At what point the
shikact is delivered does not affect the
qualification [2].
A person who commits this socially dangerous
act shall be compensated three times the
material damage, and shall not be subject to
punishment in the form of restriction of liberty
or deprivation of liberty. As a result of this act,
the state suffers material damage, and
therefore, if the legislature compensates for
the material damage in the amount of three
times, the penalty of restriction of liberty and
imprisonment is not applied. In our opinion,
given the material damage caused by this act,
it would be expedient to add to Article 132 of
the Criminal Code the provision that if the
offender commits the crime for the first time,
the offender will be released from punishment
if he sincerely regrets his guilt.
Illegal
misappropriation
of
confiscated
property, that is, appropriation, racketeering,
concealment, destruction or damage of
occupied or mortgaged property by a person
to whom it is entrusted, can lead to significant
damage, as well as to bank or other lending.
Article 233 of the Criminal Code provides for
liability for banking operations with funds
(deposits) occupied by an employee of the
organization.
The object of the crime of misappropriation of
occupied property is the normal operation of
the judiciary. An additional object of this crime
will be the rights of the state (if it is a debt on
the conversion of state income or property) or
other owners, which can be recovered from
the hijab of property confiscated from the
offender. The authority of the judiciary and the
The USA Journals Volume 03 Issue 04-2021
71
The American Journal of Political Science Law and Criminology
(ISSN
–
2693-0803)
Published:
April 30, 2021 |
Pages:
68-72
Doi:
https://doi.org/10.37547/tajpslc/Volume03Issue04-11
I
MPACT
F
ACTOR
2021:
5.
952
investigating authorities must also be
recognized as the object of unlawful
misappropriation,
embezzlement,
concealment, destruction
or complaint.
Objectively, the crime is expressed in the
misappropriation,
carf,
concealment,
destruction or damage to property that is
registered or confiscated or the subject of bail
[3]. That is, as a result of this act, the acocan
will also suffer material damage. Therefore, the
legislature has established an incentive norm in
Article 233 (2) of the Criminal Code, which
prohibits the application of the penalty of
imprisonment, with compensation of the
material damage caused to the offender in
triplicate. In our opinion, Article 233 of the
Criminal Code stipulates that a person who has
committed a crime for the first time shall be
released from liability if he eliminates the
consequences of unlawful misappropriation of
the seized property within thirty days from the
date of the crime and compensates three times
the material damage. it would be expedient to
enter the band.
Among the signs of the objective side of a
particular crime are the essential typical signs
of the external side of this type of crime in their
generalized expression, distinguished from the
countless possible manifestations of the
corresponding type of crimes committed in
reality [4].
CONCLUSION
In order to prosecute any person who has
committed a socially dangerous act, there
must be acocs specified in the law. However,
the principle of inevitability of liability provided
for in Article 10 of the Criminal Code does not
imply that a penalty must be imposed.
Hucucan, in the decision of the Plenum of the
Supreme Court of the Republic of Uzbekistan
"On the practice of sentencing for crimes
committed by judges", it is stated that they
should discuss the exemption from liability and
punishment in accordance with Articles 65, 66,
70, 71 of the Criminal Code [5]. In our opinion,
the following can be included in the list of such
crimes.
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Rustamboev.M.H Comments on the
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The USA Journals Volume 03 Issue 04-2021
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The American Journal of Political Science Law and Criminology
(ISSN
–
2693-0803)
Published:
April 30, 2021 |
Pages:
68-72
Doi:
https://doi.org/10.37547/tajpslc/Volume03Issue04-11
I
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