The American Journal of Political Science Law and Criminology
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TYPE
Original Research
PAGE NO.
25-29
10.37547/tajpslc/Volume07Issue02-06
OPEN ACCESS
SUBMITED
24 December 2024
ACCEPTED
26 January 2025
PUBLISHED
28 February 2025
VOLUME
Vol.07 Issue02 2025
CITATIO N
Shofiev Zoir Shoniyozovich. (2025). To use water resources of farms the
concept of violations of the requirements of legal documents and their
types. The American Journal of Political Science Law and Criminology,
7(02), 25
–
https://doi.org/10.37547/tajpslc/Volume07Issue02-06
COPYRIGHT
© 2025 Original content from this work may be used under the terms
of the creative commons attributes 4.0 License.
To use water resources of
farms the concept of
violations of the
requirements of legal
documents and their types
Shofiev Zoir Shoniyozovich
Termiz State Pedagogical Institute, Philosophy of legal sciences, doctor
(PhD), Uzbekistan
Abstract:
In this article, the concept of offenses related
to violation of the requirements of legal documents on
the use of water resources of farms and the content of
their types are studied. In this article, the author
explained the requirements and rules for the state
implementation of environmental control of violations
of the requirements of legal documents on the use of
water resources by farms. This article examines the
content and legal significance of environmental control
of state and public environmental control in the field of
rational use of water resources by farms. In this article,
the author has shown that the decisions and decrees of
the President of the Republic of Uzbekistan play an
important role in improving environmental control. In
this sense, environmental control is thought about
ensuring the rational use of nature and harmful effects
on the environment. State control over the use and
protection of water and water resources of farms is
proposed to be carried out by local state authorities, the
State Committee for Ecology and Environmental
Protection, the Inspection of Control over the Agro-
Industrial Complex under the Cabinet of Ministers, and
the Ministry of Water Management in accordance with
the law.
Keywords:
Farming, water resources, farming, water
consumers, natural objects, water users, water limit,
ecological, natural resources.
Introduction:
In the Republic of Uzbekistan, water is
considered state property - national wealth, and for this
reason, the state determines the procedure for using
water and water resources. Due to the establishment of
state ownership of water and water resources,
enterprises, institutions, organizations, officials or
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The American Journal of Political Science Law and Criminology
citizens cannot enter into various transactions - sales,
gift, arbitrary exchange, mortgage, etc. That is why it is
important to study these issues, solve the problems in
this regard and improve the relevant legal documents.
It should be noted that violations related to the
violations of legal documents regulating the right to
use and protect water resources of farms are
considered to be a type of environmental, including
water, violations in a broad sense, and therefore, in
order to fully understand its content, it is appropriate
to first briefly touch on environmental violations. Legal
literature does not have a single and general approach
to understanding the nature and essence of
environmental violations. In particular, E. N. Jevlakov
defines environmental crime as "culpable, illegal
action and inaction that violates the law on the use of
natural resources and their protection."
According to S.I. Golubev, "ecological violation is a
legal fact, on the basis of which legal responsibility
arises. Therefore, environmental crime is not only a
socially dangerous, but also a socially significant act, a
part of legal behavior."
According to L. Ermakova, "ecological crimes are
criminal, illegal actions or inactions that violate the
environmental law and order established in the
country and cause damage to the environment or
create a real risk of such damage."
According to D.R. Yudin, "Environmental crime is an
illegal, criminal, socially dangerous, as well as socially
significant act that violates ecological-legal relations
and causes or threatens to damage the environment,
citizens' health, property of legal entities and
individuals, and causes environmental-legal, civil-legal,
administrative or criminal liability." According to the
author, "environmental crime is a complex concept
that serves as a basis for applying legal responsibility,
including civil-legal, criminal, administrative and
disciplinary responsibility."
According to J.L. Nurtaeva, "the subject of
environmental crime is the scope of the legal
regulation of the quality, integrity, interaction and
other objective indicators of natural phenomena,
resources and the environment, and is subject to the
negative impact of the violation of the law."
According to D.L. Baydeldinov and S.D. Bekisheva,
"ecological crimes are illegal acts (acts or inactions)
that encroach on the ecological rights and legal
interests of the state, legal entities and individuals, and
cause real damage to the natural environment or cause
the risk of damage." "As a result of an environmental
crime, not only human health or property is damaged,
but also moral damage is caused. The main
characteristics of environmental violations are as
follows: it is considered an act; is illegal; is a criminal act;
causes legal responsibility".
At the same time, some scientists, in particular, E. N.
Jevlakov, show "its subject matter as one of the
important signs of environmental violations." At the
heart of environmental crimes is the concept of "crime".
As a rule, this is a voluntary action. According to its
importance, the act is anti-social, that is, it harms or can
harm the environment, the interests of the state,
society and citizens. The antisocial nature of
environmental
violations
is
determined
by
environmental legislation as the basis of environmental
legal liability.
The illegal nature of environmental violations is
manifested in the commission of an act that violates
legal norms. Appearing as the main part of the objective
side, the violation of the law is manifested in the
following: refusal to apply the ecological-legal norm;
ineffective application of the environmental legal norm
and, as a result, a decrease in the effectiveness of its
implementation; direct violation of the ecological legal
norm. Punishment of environmental crimes is also one
of the important features. Only an act for which the
appropriate legal liability is established for its
commission in accordance with criminal, civil,
administrative and other branch legislation is
recognized as an environmental offense. At the same
time, as another characteristic of environmental crime,
when talking about the object, it can be shown as
separate elements of the environment - water, air,
animal and plant world, land, subsoil.
In the legal literature, two types of environmental
offenses are distinguished: pure environmental
offenses, which are the basis for applying
environmental-legal liability, and offenses that are the
basis for applying criminal, administrative, disciplinary,
civil liability. Based on the basis of legal liability, various
types of environmental offenses are distinguished -
administrative offenses in the field of ecology,
environmental crimes, etc. At the same time, the
composition of some environmental offenses is defined
in other legal documents.
In general, the specificity of the composition of this or
that environmental offense is related to the real risk of
environmental damage or its infliction. The specific
features of the composition of ecological offenses are as
follows: damage is caused directly to the environment
and natural resources; harms environmental relations
regulated by environmental legislation; environmental-
legal measures different from other types of legal
liability may be applied for environmental violations. As
a result of an ecological offense, as in the case of crimes
against life and health, human health is not directly
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harmed, but due to a change in the natural
environment, after a certain period of time, it causes
the spread of various diseases among the population
living in the relevant area. As a result, negative changes
in the environment affect people's heredity, health
level, and average life expectancy. In essence,
environmental violations cause economic damage at
the same time.
The composition of the environmental offense consists
of a subject, a subjective side, an object and an
objective side. The subject of an environmental
offense can be any economic entity - an enterprise,
institution, organization, economic association, state,
local, public organization, as well as individuals.
Accordingly, violators of the right to use water and
water resources, or subjects of such violations, may be
farms, as well as farmers and their employees,
workers, and other citizens. In addition, the offenders
within the framework of the legal relations of
protection and use of water and water resources,
including the state bodies that issued orders and issued
instructions in violation of the law. The subjective side
of an environmental offense is the guilt, motive and
purpose of the offender who caused the damage.
Environmental
violations
can
be
committed
intentionally or negligently. In particular, many
environmental crimes are committed through inaction
by cold-hearted approach to one's duty, arbitrariness.
The object of environmental crimes is the natural
environment protected by law from pollution,
destruction,
damage,
depletion,
destruction,
destruction, and unreasonable use.
B.V. Erofeev defines the object of environmental
violations as social relations that arise to ensure the
conditions for the moderate life activity of a person
and the interaction of society with the living
environment. In other words, the author considers the
object of environmental violations to be relations
related to the right to a comfortable environment.
According to V. G. Abramov, the object of
environmental violations is social relations related to
the preservation and maintenance of the quality and
state of the environment.
M.M. Brinchuk stated that the object of environmental
crimes is social relations related to the environment
and its separate elements, which are regulated and
protected by legal norms. An environmental scientist
includes relations regarding property and natural
resources, use of nature, protection of the
environment from harmful effects, protection of
environmental rights and legal interests of people and
citizens in the content of environmental crimes.
In this sense, the object of violations in the field of
water is the property (ownership) right to water and
water resources of the state, the procedures for using
water and water resources, the right to use water and
water resources of water enterprises, the interests of
farmers, members of peasant farms, workers and other
citizens as users of water and water resources. The
objective side of environmental offenses refers to the
unlawful action or inaction of the subject of the
environmental offense. Illegal behavior is manifested in
two forms: active, i.e. violation of nature protection
legislation, and passive - non-observance, failure to
fulfill the requirements of environmental legislation.
The subject of environmental crimes is environmental
law and order.
Environmental offenses can be divided into three
groups according to their subject: offenses against
property rights to natural resources; offenses related to
violation of ecological requirements of environmental
protection; environmental violations that prevent the
use of natural resources. Based on the object of
protection, environmental violations are divided into
violations related to the protection of land, water,
forest, subsoil, atmospheric air, flora and fauna.
According to the method of causing damage,
environmental crimes can be divided into five groups:
pollution of the environment, unreasonable use of
natural resources, damage to natural objects,
destruction, reduction of natural resources, destruction
of the natural environment.
M.M. Brinchuk, when describing environmental
violations, it is necessary to pay attention to the
following specific aspects: the violation of an
ecologically important right does not always have to be
culpable, in this case, the damage caused due to an
excessive source of danger must be compensated
regardless of the fault of the person causing the
damage; environmental crime is not always related to
harm. In certain cases, there is a real risk that damage
will not occur.
Based on this, M.M. Brinchuk defines environmental
violations as "illegal, criminal acts (acts or inactions)
committed by subjects with legal capacity, causing
environmental damage or creating a real risk of damage,
or violating the rights and legal interests of subjects of
environmental law."
The peculiarity of ecological offenses is inextricably
linked with the composition of the offense, the object of
the composition of this offense, the subject of illegal
aggression. The object of environmental violations is a
natural resource (soil, subsoil, water, forest and other
flora and fauna) and natural objects that are not
considered natural resources (protected natural areas,
atmospheric air, flora and fauna included in the Red
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Book). In addition, climate and other natural ecological
systems, management relations in the field of natural
resource use, property rights to natural resources and
other relations are also shown as objects of
environmental crimes. Environmental crimes encroach
on similar social relations regulated by environmental
law. Environmental violations also have common
features such as violation of rights, social danger, and
guilt. Environmental violations are violations of the
right to the natural environment, environmental rights
and legal interests of the state, individuals and legal
entities, or causing real danger. Based on the above, it
should be said that violation of the right to use water
and water resources in legal sources means illegal
encroachment on water use relations, derailing the
provision of rational and efficient use of water and
water resources, as a result of which water and water
resources are plundered, arbitrarily seized, illegal
seizure and other illegal actions or omissions that
violate the rights of water and water resource users.
Therefore, on the basis of the above, the violation of
water resources by farms means a socially harmful,
guilty action or inaction directed against the norms of
water rights. Violation of water resources by farms is
primarily caused by violation of the norms of laws
related to water and water resources protection and
their use. As we have seen, the violation of the right to
use water resources of farms occurs as a result of
violating the requirements of environmental and
agrarian laws and the law on water and water use. In
the case of committing an offense in the field of water
resources use by farms, it is necessary that the guilty
act or inaction of the guilty party, and the degree of
ecological and social danger of this guilty act or
inaction.
In Uzbekistan, the damage caused by violating the
rights of water users to the property rights to water
and water resources should be compensated in full.
When a violation is committed against the water
resources of farms, it must be eliminated, and the
rights of water users whose rights have been violated
must be restored. It is known that the state provides
water resources for use indefinitely or for a certain
period. Therefore, in legal sources, there are correct
opinions that any kind of water resource violation is
considered, first of all, as a violation of the property
rights of the state in relation to water resources.
Based on the above, we can distinguish 5 types of
violations in the field of water: 1) violations of property
rights in relation to water (transferring the right to use
water, entering into agreements that violate the
state's right to own water, arbitrarily taking over water
objects); 2) violation of the procedure for exercising
the right to use water (increasing or reducing water
consumption without agreement, building other
structures that raise and receive water, arbitrarily
withdrawing water from water distribution points); 3)
damage to water objects and hydrotechnical structures
(driving vehicles and livestock over water objects and
hydrotechnical structures); 4) pollution of water and
water bodies (polluting water and water bodies with
waste and waste, polluting and polluting water and
water bodies, non-compliance with legal requirements
when discharging sewage into water bodies); 5) failure
to comply with the law and order in the water sector
(failure to comply with written instructions of
competent state bodies, failure to implement measures
to prevent and eliminate harmful effects). In conclusion,
in the prevention of violations of the protection of water
resources and the use of water resources, the main role
is to clearly define the norms of legal responsibility
aimed at ensuring the correct and rational use of water
and the application of penalties for such violations.
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