LEGAL ANALYSIS OF INVOLVING A MINOR IN ANTI-SOCIAL BEHAVIOR: THE EXPERIENCE OF UZBEKISTAN AND GERMANY

54

YANGI O'ZBEKISTON ILMIY

TADQIQOTLAR JURNALI

www.in-academy.uz

2-JILD 3-SON, (YOʻITJ)

LEGAL ANALYSIS OF INVOLVING A MINOR IN

ANTI-SOCIAL BEHAVIOR: THE EXPERIENCE OF

UZBEKISTAN AND GERMANY

Jienbaeva Salima Asqarovna

2nd year master's student in the specialty "Theory and Practice of

Application of Criminal Law" at Karakalpak State University

https:/

/d

oi.org/10.5281/zenodo.15031285

ARTICLE INFO

ABSTRACT

Qabul qilindi:7-mart 2025 yil

Ma’qullandi: 8-mart 2025 yil

Nashr qilindi: 15-mart 2025 yil

Involving minors in antisocial behavior is considered a

serious problem for society today. This issue not only

negatively impacts the moral, legal, and social

development of the younger generation but can also

lead to an increase in crime. For this reason, many

countries have developed legal mechanisms aimed at

preventing such situations and implementing effective

measures against them.This article compares the

experiences of Uzbekistan and Germany, analyzing the

types of liability and legal measures related to the

involvement of minors in antisocial behaviors.

KEY WORDS

Minors,

anti-social

behavior,

involvement in crime, legal

liability, criminal code, preventive

measures,

juvenile

rights,

Uzbekistan legislation, Germany

legislation,

crime

prevention,

social security, juvenile court,

rehabilitation,

administrative

liability, criminal liability, social

control

INTRODUCTION.
In today’s rapidly evolving society, the protection of minors from criminal influence and anti-

social behavior remains a pressing legal and social issue. The involvement of minors in illegal

activities, immoral acts, or criminal organizations not only threatens their future development

but also contributes to the overall rise in juvenile delinquency. Recognizing the seriousness of

this issue, many countries, including Uzbekistan and Germany, have established legal

frameworks to prevent and penalize such actions.
The legal approaches of Uzbekistan and Germany towards the recruitment of minors into

anti-social behavior differ in various aspects, including the definition of offenses, the severity

of penalties, and preventive measures. Uzbekistan’s legal system emphasizes preventive

policies alongside criminal liability, while Germany enforces strict punitive measures

complemented by specialized juvenile justice mechanisms.

1

This article aims to analyze and compare the legal provisions in Uzbekistan and Germany

concerning the recruitment of minors into anti-social behavior. The study will examine

legislative norms, law enforcement practices, and the effectiveness of preventive measures in

both countries. Understanding these differences and similarities can provide valuable insights

for improving legal policies and ensuring better protection for minors from criminal

influences.

1

O‘ZBEKISTON RESPUBLIKASI KONSTITUTSIYASI (yangi tahrir) 30.04.2023 yil

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YANGI O'ZBEKISTON ILMIY

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www.in-academy.uz

2-JILD 3-SON, (YOʻITJ)

1-§ The concept and legal analysis of involving minors in antisocial behavior concept and

legal analysis
Involving minors in antisocial behavior refers to forcing them into illegal activities or immoral

conduct, inciting them to commit crimes, and teaching them to consume alcohol and narcotic

substances. These actions are often perpetrated by adults or criminal groups, resulting in the

involvement of minors in criminal activities.

2

The involvement of minors in antisocial behavior is a complex socio-legal problem, the

prevention and combating of which is one of the important tasks of the state.The legislation of

the Republic of Uzbekistan provides for several types of liability for involving a minor in

antisocial behavior, which are applied depending on the severity of the act and the age of the

minor.
Antisocial behavior, in general, is actions that contradict the accepted norms and laws of

society. In relation to minors, this concept may include the following actions:
• Crimes: Theft, robbery, violence, drug-related crimes, etc.
• Administrative offenses: Petty hooliganism, violation of public order, school evasion, etc..

3

• Antisocial behavior: Aggression towards oneself and others, drug use, alcohol consumption,

begging, etc..
From a legal point of view, such actions are regulated by special clauses in the criminal codes

of Uzbekistan and Germany, which are considered a crime and entail strict criminal liability.
§ 2. Minors in the legislation of Uzbekistan liability for involvement in antisocial actions
In the legislation of the Republic of Uzbekistan, the involvement of minors in crime or

antisocial behavior is considered a crime. Responsibility for this act is established by the

following articles of the Criminal Code of the Republic of Uzbekistan:
Criminal liability: Minors who have committed serious crimes stipulated by the Criminal Code

are subject to criminal liability. They may face lighter punishments, but in severe cases,

imprisonment may also be imposed.

4

Article 127 of the Criminal Code of the Republic of Uzbekistan - Involvement of a minor in

antisocial behavior Involvement of a minor in the consumption of alcoholic beverages,

narcotic drugs and their analogues or substances that are not psychotropic, but affect the

mind, committed after the application of administrative penalties for the same actions, —
shall be punishable by a fine in the amount of one hundred to two hundred times the basic

calculation amount or by compulsory community service for a term of up to three hundred

and sixty hours, or by correctional labor for a term of up to two years, or by restriction of

liberty for a term of one to three years, or by imprisonment for a term of three years.

Involving a minor in the use of narcotic drugs, their analogues, or psychotropic substances

shall be punishable by compulsory community service for a term of three hundred and sixty

to four hundred and eighty hours, or by restriction of liberty for a term of three to five years,

or by imprisonment for a term of three to five years. Involving a minor in the commission of a

2

Rustambayev M.X. Oʻzbekiston Respublikasi jinoyat huquqi kursi. Tom 3. Maxsus qism. Shaxsga qarshi

jinoyatlar.Tinchlik va xavfsizligiga qarshi jinoyatlar. Darslik. 2-nashr, toʻldirilgan va qayta ishlangan – T.: Oʻzbekiston

Respublikasi Milliy gvardiyasi Harbiy-texnik instituti, 2018. – 412 bet.

3

1.2 S.S.Niyozova Ma’muriy javobgarlik (Umumiy qism) / O‘quv qullanma. –T.: TDYU nashriyoti, 2020. bet.

4

Jinoyat huquqi.(Umumiy qism) / O‘quv qullanma. Ochilov X.R. - Toshkent:Yuridik adabiyotlar Publish,2022-y -176

56

YANGI O'ZBEKISTON ILMIY

TADQIQOTLAR JURNALI

www.in-academy.uz

2-JILD 3-SON, (YOʻITJ)

crime, as well as the actions provided for in the second part of this article: a) by a person who

has previously committed any crime related to the illegal circulation of narcotic drugs or

psychotropic substances; b) against two or more minors; c) committed in educational

institutions or other places where students, pupils, and students hold educational, sports or

public events, shall be punishable by imprisonment for a term of five to ten years.

5

The following measures are applied under these articles of the Criminal Code:

• Criminal liability – imprisonment for up to 5 years
• Administrative liability - Fine for inducing minors to use alcohol or tobacco products

6

•Civil liability - Compensation for material and moral damage caused to the victim

Also, in order to protect minors and protect them from delinquency, the Law "On the

Prevention of Neglect and Delinquency among Minors" was adopted in Uzbekistan (Law of the

Republic of Uzbekistan No. ZRU-263 dated 29.09.2010). This law provides for preventive

measures aimed at preventing the involvement of minors in illegal activities.

7

3§.Liability under German law for involving minors in antisocial activities
In German criminal law, involving minors in crime and causing their moral degradation is also

considered a serious crime. These issues are regulated by the German Criminal Code

(Strafgesetzbuch - StGB) and the Jugendgerichtsgesetz (JGG).
• § 180 - Incitement of a minor to moral depravity
• § 171 - Violation of parental duties
• § 235 - Illegal removal or concealment of a child
• § 129 - Formation of a criminal group and involvement of minors

8

According to these articles, the following punishments are established in Germany:
• Criminal liability - imprisonment from 5 to 10 years
• Administrative liability - Fine for selling tobacco or alcohol to minors
• Civil liability - the obligation to compensate for material damage to victims

In Germany, there is a separate juvenile court (Jugendgericht), which adapts sentences for

young people and monitors their social rehabilitation.

9

§ 4. Differences between the legislation of

Uzbekistan and Germany:

5

O‘ZBEKISTON RESPUBLIKASINING JINOYAT KODEKSI 22.09.1994 yil

6

O‘ZBEKISTON RESPUBLIKASINING MA’MURIY JAVOBGARLIK TO‘G‘RISIDAGI KODEKSI 22.09.1994 yil

7

“Voyaga yetmaganlar o‘rtasida nazoratsizlik va huquqbuzarliklarning profilaktikasi to‘g‘risida”gi qonun( O‘zbekiston

Respublikasining Qonuni, 29.09.2010 yildagi O‘RQ-263-son)

8

Strafgesetzbuch (StGB) Ausfertigungsdatum: 15.05.1871 Vollzitat: "Strafgesetzbuch in der Fassung der

Bekanntmachung vom 13. November 1998 (BGBl. I S. 3322), das zuletzt durch Artikel 2 Absatz 2 des Gesetzes vom 7.

November 2024 (BGBl. 2024 I Nr. 351) geändert worden ist"

9

Baumgärtel G (1987) Anmerkung zu BGH VI ZR 294/85 vom 1.7.1986. JZ 42: 42

57

YANGI O'ZBEKISTON ILMIY

TADQIQOTLAR JURNALI

www.in-academy.uz

2-JILD 3-SON, (YOʻITJ)

Normative aspects

Uzbekistan

Germany

Involvement of minors in

immoral acts

imprisonment for up to 5

years

imprisonment for up to

5-10 years

Coercion of juveniles to

crime

Punishment

is

determined

by

the

Criminal Code.

It is regulated by the

Criminal

Code

and

special courts

Special juvenile courts

special courts Special

commissions and courts

for minors

Special juvenile court

(Jugendgericht)

Failure to fulfill parental

duty

imprisonment for up to

3 years

Up to 3 years in prison or

fine

Involvement of minors in

criminal groups

It is regulated by the

Criminal Code.

There are strict penalties

under the Criminal Code.

Conclusion
Uzbekistan and Germany have a unique approach to protecting minors from antisocial

behavior. In Germany, punishments are relatively harsh, and there is a separate judicial

system for minors. In Uzbekistan, however, more attention is paid to preventive measures,

and special commissions operate to protect minors from crime.
The experience of both countries shows that punishment alone is not enough to protect

minors from antisocial behavior, but strengthening preventive measures is also important.

Therefore, it is important to study and apply international experience in this area.

References used:

1.Main references
1.1 Rustambayev M.X. Oʻzbekiston Respublikasi jinoyat huquqi kursi. Tom 3. Maxsus qism.

Shaxsga qarshi jinoyatlar.Tinchlik va xavfsizligiga qarshi jinoyatlar. Darslik. 2-nashr,

toʻldirilgan va qayta ishlangan – T.: Oʻzbekiston Respublikasi Milliy gvardiyasi Harbiy-texnik

instituti, 2018. – 412 bet.
1.2 S.S.Niyozova Ma’muriy javobgarlik (Umumiy qism) / O‘quv qullanma. –T.: TDYU nashriyoti,

2020. bet.
1.3 Jinoyat huquqi.(Umumiy qism) / O‘quv qullanma. Ochilov X.R. - Toshkent:Yuridik

adabiyotlar Publish,2022-y -176
2.Legal Documents
2.1 O‘ZBEKISTON RESPUBLIKASI KONSTITUTSIYASI (yangi tahrir) 30.04.2023 yil
2.2 O‘ZBEKISTON RESPUBLIKASINING JINOYAT KODEKSI 22.09.1994 yil
2.3 O‘ZBEKISTON RESPUBLIKASINING MA’MURIY JAVOBGARLIK TO‘G‘RISIDAGI KODEKSI

22.09.1994 yil
2.4 “Voyaga yetmaganlar o‘rtasida nazoratsizlik va huquqbuzarliklarning profilaktikasi

to‘g‘risida”gi qonun( O‘zbekiston Respublikasining Qonuni, 29.09.2010 yildagi O‘RQ-263-son)

58

YANGI O'ZBEKISTON ILMIY

TADQIQOTLAR JURNALI

www.in-academy.uz

2-JILD 3-SON, (YOʻITJ)

2.5 Strafgesetzbuch (StGB) Ausfertigungsdatum: 15.05.1871 Vollzitat: "Strafgesetzbuch in der

Fassung der Bekanntmachung vom 13. November 1998 (BGBl. I S. 3322), das zuletzt durch

Artikel 2 Absatz 2 des Gesetzes vom 7. November 2024 (BGBl. 2024 I Nr. 351) geändert

worden ist"
2.6 Gesetz über Ordnungswidrigkeiten (OWiG) OWiG Ausfertigungsdatum: 24.05.1968

Vollzitat: "Gesetz über Ordnungswidrigkeiten in der Fassung der Bekanntmachung vom 19.

Februar 1987 (BGBl. I S. 602), das zuletzt durch Artikel 10 des Gesetzes vom 12. Juli 2024

(BGBl. 2024 I Nr. 234) geändert worden ist"
2.7 Baumgärtel G (1987) Anmerkung zu BGH VI ZR 294/85 vom 1.7.1986. JZ 42: 42