The USA Journals Volume 03 Issue 04-2021
182
The American Journal of Political Science Law and Criminology
(ISSN
–
2693-0803)
Published:
April 30, 2021 |
Pages:
182-186
Doi:
https://doi.org/10.37547/tajpslc/Volume03Issue04-28
I
MPACT
F
ACTOR
2021:
5.
952
‘
ABSTRACT
The article analyzes the problems in the sphere of prevention of repeated violations by persons who
have established administrative control over them for committing a crime, carrying out individual
profilactic work with them. Based on this analysis, proposals and recommendations were made to
improve the norms of legislation in the field of profiling offenses.
KEYWORDS
Administrative control, controlled person, administrative restrictions, recidivism, preventive
measures, legislation, penitentiary rules, conviction.
INTRODUCTION
At present, the policy of combating crime in the
world, including the problems of relapse crime
prevention, is of global importance. Tirishga
particular attention is paid to the reduction in
all aspects of the indicator and share of relapse
crime in this regard. The world community is
trying to develop modern international
standards and main directions for the reform
of postpenitential legislation. According to the
Center for the study of the institutions for the
Increasing The Efficiency Of Preventive Work With Persons
Under Administrative Control
Akhmedov Khamrobek Erkinovich
Researcher Of The Academy Of The Ministry Of Internal Affairs Of The Republic Of 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
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The American Journal of Political Science Law and Criminology
(ISSN
–
2693-0803)
Published:
April 30, 2021 |
Pages:
182-186
Doi:
https://doi.org/10.37547/tajpslc/Volume03Issue04-28
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execution of international punishments, 10
million 862 thousand 874 people were
sentenced to February 1, 2021 in 223 countries
of the world, the majority of which
corresponds to the contribution of the states
of the USA, China, Brazil, Russia, India, Thailand
and Turkey. This contrasts the development of
a system of effective measures to morally
educate prisoners and adapt them to society.
Improvement of the pre-operative control
system in the world, including social
adaptation
of
persons
under
control,
differentiation and individualization of the
established restrictions on them, improvement
of the effectiveness and effectiveness of
individual preventive measures of offenses in
the postpenitent system, development of
effective measures to prevent repeated crime
by previously convicted persons., also,
scientific-practical and fundamental research
aimed at finding scientifically-based solutions
to the problems associated with the imposition
of international standards and minimum rules
on national legislation, which determine the
procedure
and
basis
for
establishing
administrative control over persons discharged
from penal enforcement institutions, is of
paramount importance.
In recent years in our country, special
importance has been added to the radical
reform
of
the
criminal-executive
and
postpenitentative system, harmonization of
national
legalization
with
international
standards in the field of human rights. In the
documents adopted, the current tasks such as
increasing the effectiveness of educational
work on moral correction of persons under
administrative
control,
introduction
of
transparent and effective legal measures to
teach them social adaptation and labor in the
future, ensuring the inalienable cooperation of
state bodies and institutions of civil society, as
well as increasing the indicators of crime
committed by persons under control,, still this
category confirms the high need to increase
the effectiveness of profilactic work carried
out with individuals.
Carrying out individual profilactic work with
previously convicted persons plays an
important role in their moral recovery.
According to the legislation, the main tasks in
this regard are assigned to the Departments of
profilactics of offenses of internal affairs
bodies, in particular, to profilactics.
Profilaktics conduct such measures as a
professional interview of individual profiles of
offenses with previously convicted persons, an
official warning, informing them about the
reasons for the occurrence of offenses and the
conditions
that
allow
them,
social
rehabilitation and social adaptation, profilaktik
registration and sending them to compulsory
treatment.
The lack of involvement of persons under
administrative control in social beneficial labor
and the lack of attention to this process by
other subjects, in particular Labor, Health,
Local Government bodies, in turn, will bring
about problems in the individual profilactic
activities of the internal affairs bodies. For
example, internal affairs bodies can not
directly organize the employment and
professional training of a person under
administrative control themselves. Perhaps in
the process it will be necessary for them to
apply to the labor authorities or local
government bodies, but there are certain
obstacles that it is difficult to find a solution to
the problem without solving them.
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The American Journal of Political Science Law and Criminology
(ISSN
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2693-0803)
Published:
April 30, 2021 |
Pages:
182-186
Doi:
https://doi.org/10.37547/tajpslc/Volume03Issue04-28
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These problems and shortcomings are
manifested in the following:
1)
although the law of the Republic of
Uzbekistan "on the profilactics of
offenses"dated May 14, 2014 is included in
the system of bodies and institutions
directly carrying out profilactics of
offenses of local government bodies, labor
and health bodies, Articles 7, 16 and 18 of
the law defining the competence of these
subjects do not provide for the profilactic
works carried out;
2)
Article 8 of the law of the Republic of
Uzbekistan "on administrative control over
certain categories of persons exempted
from
punishment
execution
institutions"dated April 2, 2019, states that
if the person being released from
punishment execution institution does not
have an exact place of residence for certain
reasons, the administration of the
punishment execution institution asks him
to provide him with, in addition, if it is
established that a petition is sent to the
relevant local government bodies and
health institutions for the preliminary
solution of the issues of treatment of
persons with disabilities or severe diseases,
the relevant obligations of these subjects
for
working
with
persons
under
administrative supervision or their duties in
this regard are not specified;
3)
the fact that most people under
administrative control have long been in
the
institutions
of
execution
of
punishment, they can not compete in the
labor market in the process of today's
market relations, as a result of lack of
professionalism in new modern specialties,
lack of the possibility of placing them in the
employment of manufacturing enterprises
or other organizations, often
Therefore, we believe that it is worthwhile to
increase the effectiveness of prevention of
violations by implementing social protection of
persons under administrative control, in
particular, their employment, training in the
profession, ensuring timely payment of social
benefits to members of the family and the
provision of free medical care when they
become disabled by themselves or through the
introduction of legal provisions:
first of all, in Article 7 of the law of the Republic
of Uzbekistan "on the profilactics of
offenses"dated May 14, 2014, providing social
and legal assistance to persons under the
administrative
control
of
local
public
authorities,
in
Article
16-training
of
employment and professional training of
persons under the administrative control of
labor bodies, in Article 18-determination of the
powers and;
secondly, in accordance with the law of the
Republic of Uzbekistan "on administrative
control over certain categories of persons
exempted
from
punishment
execution
institutions"dated
April
2,
2019,
the
establishment of special functions of local
state authorities, labor and health authorities
for working with persons under administrative
control;
Thirdly, to organize further training of
individuals under administrative control in the
process of market relations in a profession that
can compete in the labor market, in particular
in the areas where they can work with modern
computers and technologies.
Administrative supervision
protects
the
requirements of the law from violations with
The USA Journals Volume 03 Issue 04-2021
185
The American Journal of Political Science Law and Criminology
(ISSN
–
2693-0803)
Published:
April 30, 2021 |
Pages:
182-186
Doi:
https://doi.org/10.37547/tajpslc/Volume03Issue04-28
I
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2021:
5.
952
the help of public influence or means of State
majeure measures. The implementation of the
above measures, in addition to increasing the
effectiveness of the activities of the internal
affairs bodies working with persons under
administrative control, creates a framework
for their cooperation with other subjects in this
direction and improves their socio-legal
relations.
A certain percentage of individuals under
administrative control constitute roughly 12%
of those identified as extremely dangerous
recidivists by the court, according to the
analysis. And this category of persons requires
more and more regular supervision than other
categories of persons under administrative
control.
Among the victims of relapse crimes, one third
of them, that is, 33,2 percent, when
questionnaire requests were made, said that
no one controlled their free time.
In fact, it is desirable to have more control over
these
categories
of
persons
under
administrative control than other categories, in
this regard, in combination with profilactics, to
determine the duties and responsibilities of the
internal affairs bodies in the field of supervision
of other sectoral services, including patrol
post,
migration
and
civil
registration,
operational-search services. Proceeding from
the above views and comments, we can see
that the importance of the implementation of
the preventive work of internal affairs bodies
with persons under administrative control and
measures to improve their effectiveness is
manifested in the following::
First, to fully ensure the rights and freedoms,
legitimate interests of citizens by preventing
the occurrence of serious and extremely
serious crimes with a high social risk in the
society;
Secondly, establishing social justice by
ensuring the rule of law in the Republic of
Uzbekistan;
Thirdly, the manifestation of the law in the
functioning of the printouts of justice and
humanity, humanism;
of the four, there is no doubt that in the Uzbek
people the family is an irreplaceable prestige, a
huge socially significant reality, since the family
is the main cell and social base of society, which
means that the existence of both families of
persons under administrative control, as they
say, is also the head or member of a family, the
effectiveness of;
Fifth, the Prevention of violations by persons
under administrative control, ensuring the
peace of the neighborhood in which he lives,
and increasing the confidence of citizens living
there in state bodies, including internal affairs
bodies, allows them to work freely in the
prosperity and development of society.
It remains to be noted that the improvement of
profile work with persons under administrative
control also entails a radical reform of the
practical activities of the internal affairs bodies
in this direction, in particular, by finding
solutions to the existing problems in this
direction, ensures the stabilization of relapse
crime
committed
by
persons
under
administrative control.
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The USA Journals Volume 03 Issue 04-2021
186
The American Journal of Political Science Law and Criminology
(ISSN
–
2693-0803)
Published:
April 30, 2021 |
Pages:
182-186
Doi:
https://doi.org/10.37547/tajpslc/Volume03Issue04-28
I
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2021:
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