The USA Journals Volume 03 Issue 04-2021
73
The American Journal of Political Science Law and Criminology
(ISSN
–
2693-0803)
Published:
April 30, 2021 |
Pages:
73-78
Doi:
https://doi.org/10.37547/tajpslc/Volume03Issue04-12
I
MPACT
F
ACTOR
2021:
5.
952
‘
ABSTRACT
This article discusses a comparative study of the economic crime in Uzbekistan and India: a critical
analysis.
KEYWORDS
Crime, economic crime, Uzbekistan, India
INTRODUCTION
Crime in the field of economics is explained by
the fact that it is inherently variable and
complex, requires constant study, and because
of these aspects it is not possible to define it
definitively. This poses a number of challenges
in improving legislation against economic
crime.
The problem of crime in the field of economics
has been of interest to researchers since the
earliest days of this phenomenon. Early
A Comparative Study Of The Economic Crime In Uzbekistan
And India: A Critical Analysis
Azizakhon Avazxonovna Allanova
Lecture Of The Department Of Criminal Law, Criminology And Fight Against Corruption Of
Tashkent State University Of Law, Uzbekistan
Choudhoury Kaustav
Assistant Professor (Law) Rashtriya Raksha University (An Institution Of National Importance),
Ministry Of Home Affairs, Government Of India
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
74
The American Journal of Political Science Law and Criminology
(ISSN
–
2693-0803)
Published:
April 30, 2021 |
Pages:
73-78
Doi:
https://doi.org/10.37547/tajpslc/Volume03Issue04-12
I
MPACT
F
ACTOR
2021:
5.
952
research in this area began with the study of its
types related to property encroachment.
There are various definitions of the concept of
crime in the field of economics, but it was first
known to the public as “white collar crime”.
The author of the phrase, the American
criminologist E. Saderland, in 1940 he called the
set of offenses committed by high-ranking
officials in the course of their professional
duties a "white-collar crime." Well-known
Swedish scholar B. Svenson described
economic crimes as greedy crimes committed
in the course of economic activity[1].
THE MAIN RESULTS AND FINDINGS
To date, the scale of economic crime has
expanded significantly. This category of crimes
also includes tax evasion, computer-related
crimes and similar acts that harm the state
economy, its separate branches, business
activities, the interests of certain groups of
citizens.
Many
Russian
scholars,
including
NF
Kuznetsova, believe that economic crimes
consist of encroachment on property and
crimes in the field of entrepreneurship[2].
V.V. According to Luneev, in countries with
market economies, the basis of economic
crimes is the criminal actions committed by
corporations against the state economy, other
corporations, consumers, as well as employees
of corporations against these corporations[3].
As for the scientific approaches to the study of
crimes against the fundamentals of economics,
the concept of "economic crime" (or crimes
against the fundamentals of the economy),
along with the concepts of "organized crime"
and "money laundering", criminologists and
law enforcement firmly rooted in the
apparatus of concepts[4].
The composition of the crime is the basis for
the determination of criminal liability on the
basis of which the dispositions of the norms of
the Special Part of the CC are formed. Also the
absence of the necessary signs of the objective
side in a particular case, the composition of the
crime means that it does not exist[5].
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 [6].
The elements of the crime are strengthened in
the norms of the General and Special Parts of
criminal law. The presence of all the elements
of the crime in the act is the basis for finding it
a crime and prosecuting the perpetrator[7].
In cases where threat is manifested as an
element of the objective aspect of another
crime, it serves as a way and means to break
the victim's resistance, to influence his psyche
in order to intimidate him with this or that kind
of injury if he does not comply with the guilt
[8].
In practice, a crime against the fundamentals
of economics is a series of dozens of offenses
under the criminal law (looting of another's
property, illegal transactions with foreign
exchange, making or transferring counterfeit
money or securities, and withholding income
from the tax authorities). concealment, illegal
business, smuggling, etc.). Some authors
consider economic crimes to be official crimes
of greed, especially bribery. Thus, economic
crime is characterized by a high level of social
The USA Journals Volume 03 Issue 04-2021
75
The American Journal of Political Science Law and Criminology
(ISSN
–
2693-0803)
Published:
April 30, 2021 |
Pages:
73-78
Doi:
https://doi.org/10.37547/tajpslc/Volume03Issue04-12
I
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2021:
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risk, a negative impact on the institutions of
society, a violation of the material basis of the
state - the established order of economic
activity. It is characterized by some
peculiarities:
1.
The latency of crimes against the
fundamentals of economics is much
higher. Such crimes are committed by
persons authorized to manage property
and ensure its integrity. The latency 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.
Crimes against the fundamentals of the
economy can become a way of life for the
majority of the population, forming a semi-
criminal mentality. In Russia, for example,
more than 10 million people import and sell
goods. Studies show that almost all of
them violate the rules of payment of
duties, conceal income from the tax
authorities.
4.
Crimes against the fundamentals of
economics are by their nature almost
entirely organized. In most foreign
countries, organized crime mainly controls
the sources of criminal income - casinos,
drugs, racketeering, arms sales, while in
some countries (for example, Russia) it
controls the entire economy.
E.E. Dementeva summarizes the views of US
and German criminologists that economic
crime is a violation of the interests of the state
economy as a whole, as well as private
entrepreneurship and certain groups of
citizens, under the guise of legitimate
economic activity by both individuals and legal
entities. It is an illegal activity, ”he said.
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 in
assessing the protection of economic interests
from criminal encroachment as the object of
this type of crime, economic crimes are
considered as the basis of social relations and
the basic system within it. 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 recorded. We can
divide the crimes in the economic sphere into
the following types:
Crimes related to looting of other people's
property.
Crimes not related to the looting of the
property of others.
Crimes against economic basics.
Crimes in the sphere of economic activity.
Crimes related to sabotage of business
activities, unlawful interference and other
The USA Journals Volume 03 Issue 04-2021
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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:
73-78
Doi:
https://doi.org/10.37547/tajpslc/Volume03Issue04-12
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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. 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.
In committing acts related to illegal financial
transactions, the subject always seeks
economic gain, material gain. In this regard, it
is appropriate to cite the fundamentals of
economics as the object of acts related to
illegal financial transactions[9].
Objectively, crimes related to economic area
are coded in action or inaction. Crimes in the
economic sphere can also be divided into 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 law signifies the completion of the crime. In
crimes in the economic sphere, the the main
thing 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.
The culprit of crimes in the economic area may
be a 16-year-old mentally sane physical person.
The subjective aspect of crimes in the
economic area can be both negligence and
negligence.
Studying the experience of India in foreign
countries, including developed countries, on
economic crimes, of course, provides an
opportunity to better understand the
relationship in this area, comparative analysis
of established norms, identify gaps and
shortcomings in existing legislation and
develop
specific
proposals
and
recommendations.
The term economic offences define those
crimes which are of an economic nature. These
offences are committed while in the course of
some kind of economic or business activity.
Although in some parts of the world, like the
United States, the term economic offences
have been defined, a rigorous definition of this
term is still lacking in India. This is the reason
why it is difficult to pinpoint the kinds of crimes
that come under the term of economic
offences in India.
The National Crimes Report Bureau of India still
classifies only specified acts under the term
economic offences. Activities like company
frauds, counterfeiting of coins, and some of
the terrorist activities even come under the
term Economic offences in the Indian context
provided by the NCRB. While certain
explanations are provided for this term it still
lacks a proper definition which is not vague or
ambiguous in nature.
According to Indian criminal law, economic
crimes have the following characteristics:
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:
73-78
Doi:
https://doi.org/10.37547/tajpslc/Volume03Issue04-12
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2021:
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a)
An economic offence needs to have
the required actus reus and mens rea
before the commission or omission of
the act.
b)
The intention behind committing an
economic offence is to have some kind
of material advantage or to avoid or
reduce some kind of material loss. The
motive can also be of causing some
kind of a material loss to the third party
with complete knowledge of such loss.
c)
Economic offences generally imply the
existence of certain elements like a
breach of trust, deception or cheating.
d)
Economic offences generally don’t
involve any kind of physical harm
caused by its commission.
e)
This kind of crime is mostly committed
by the privileged or the upper-class
section of the society, who have access
to such economic or business activities
as well as the required resources.
The types of economic crimes in India are:
Economic offences in India can be classified
into three categories. These categories of
economic offences are:
1)
Traditional economic crime which
includes corruption, smuggling, bogus
imports etc.
2)
Emerging
technological
economic
crimes that include credit card frauds,
counterfeiting, cyber crimes etc.
3)
Crimes through which proceeds of
transnational organized crime are
transmitted
abroad
like
money
laundering.
From the first days of independence, the
criminal policy has been gradually liberalized,
the main purpose of which is to put into
practice the principles of justice and humanity,
to reduce the repressive functions of
punishment[10].
CONCLUSION
National laws and legislations are not adequate
enough for reacting and dealing with
challenges that are cross border in nature and
that involve multiple jurisdictions and a
multiplicity of laws. The increased growth in
globalisation and global economic crimes
require a global response. At present, the
measures that are there are all at national
levels, but all these measures differ from
country to country. Thus, it becomes all the
more important for countries to have
increased cooperation between the world’s
law enforcement agencies.
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The American Journal of Political Science Law and Criminology
(ISSN
–
2693-0803)
Published:
April 30, 2021 |
Pages:
73-78
Doi:
https://doi.org/10.37547/tajpslc/Volume03Issue04-12
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