The American Journal of Political Science Law and Criminology
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TYPE
Original Research
PAGE NO.
6-7
10.37547/tajpslc/Volume07Issue05-02
OPEN ACCESS
SUBMITED
08 March 2025
ACCEPTED
04 April 2025
PUBLISHED
07 May 2025
VOLUME
Vol.07 Issue05 2025
CITATION
Bobur Shermatov. (2025). Territorial Application of Criminal Law:
Theoretical Foundations and Comparative Analysis. The American Journal
of Political Science Law and Criminology, 7(05), 6
–
7.
https://doi.org/10.37547/tajpslc/Volume07Issue05-02
COPYRIGHT
© 2025 Original content from this work may be used under the terms
of the creative commons attributes 4.0 License.
Territorial Application of
Criminal Law: Theoretical
Foundations and
Comparative Analysis
Bobur Shermatov
Trainee at the Higher School of Judges, Uzbekistan
Abstract:
This article explores the territorial scope of
criminal law, focusing on its theoretical foundations and
legal frameworks in different jurisdictions. It examines
how the principle of territoriality is applied in criminal
justice systems, comparing legislative approaches from
various countries. The study highlights the significance
of
sovereignty,
jurisdiction,
and
international
cooperation in enforcing criminal law across borders.
The analysis aims to contribute to a deeper
understanding of how territorial limits affect the
implementation of criminal responsibility and the
pursuit of justice in a globalized legal environment.
Keywords:
Territorial jurisdiction, criminal law,
sovereignty, international law, comparative analysis,
legal theory, extraterritoriality, jurisdictional principles.
Introduction:
Each state ensures its territorial
sovereignty in the implementation of its criminal
legislation. The territorial application of criminal law is
considered one of the key mechanisms for the practical
realization of this sovereignty.
According to Article 1 of the Criminal Code of the
Republic of Uzbekistan, criminal legislation is
implemented in accordance with the Constitution and
universally recognized norms of international law.
Chapter 2 of the Criminal Code determines the
applicability of criminal law in terms of territory and
time.
The application of law refers to its influence on social
relations within a certain period, place, and group of
individuals. The territorial application of criminal law
serves to ensure legality, protect the rights of citizens,
and safeguard the interests of the state.
The territorial application of criminal law is mainly based
on the following principles:
The American Journal of Political Science Law and Criminology
7
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The American Journal of Political Science Law and Criminology
1.
The Principle of Territoriality
–
criminal law
applies to acts committed within the territory of the
state.
2.
The Principle of Nationality (Citizenship)
–
the
state ensures liability for crimes committed abroad by
its citizens.
3.
The Principle of Reality
–
liability is established
for crimes committed abroad that infringe on the
interests of the state.
4.
The Principle of Universality
–
provides for
criminal liability for crimes of international significance
(e.g., genocide, terrorism).
5.
The Principle of Extradition
–
recognizes the
right to transfer an accused person to another country
to ensure justice.
In countries such as Russia, Belarus, Kazakhstan,
Tajikistan, and Ukraine, territoriality is defined as the
primary principle in criminal legislation. At the same
time, Russia and Kazakhstan extend the applicability of
their laws to the continental shelf and exclusive
economic zone. Belarus and Ukraine widely apply the
universal principle and have clearly defined procedures
for recognizing foreign court decisions. Kazakhstan and
Armenia have introduced the requirement of dual
criminality (mutual criminalization).
International crimes are acts that violate the
fundamental principles and norms of international law,
hold special importance for the international
community, and have a negative impact on the system
of international relations. These include crimes such as
aggression, colonial domination, genocide, apartheid,
systematic and mass violations of human rights, and
serious war crimes.
International legal responsibility regulates the
consequences of violations of international law
committed by its subjects, namely states.
Crimes of an international nature are committed only
by natural persons. These crimes not only violate
international standards but also, as a rule, breach
national criminal law norms and lead to criminal
liability under domestic law. Such crimes pose a threat
to international and national law and order, and
undermine peaceful cooperation among states in
areas such as economy, culture, trade, and the
protection of human rights and freedoms.
Crimes of an international nature include slavery and
the slave trade, trafficking in women and children
(even without the intent of enslavement), hostage-
taking, aircraft hijacking, maritime piracy, illicit drug
trafficking, counterfeiting currency, environmental
pollution, dissemination of pornography, terrorism,
and smuggling.
If a crime of an international nature is committed, the
individual shall be held accountable before the domestic
judicial authorities, and both international and national
legal norms shall be applied in accordance with
international obligations.
CONCLUSION
In conclusion, the territorial application of criminal law
plays a crucial role in ensuring state sovereignty and
legal order. Although this issue is regulated on the basis
of general principles in the legislation of Uzbekistan, it
would be appropriate to further clarify and refine it by
drawing on foreign experience. In particular,
mechanisms such as the principle of universality and the
requirement of dual criminality should be reflected
more explicitly in the national legal system.
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s, legal theory, extraterritoriality, jurisdictional
principles
