Abstract. Protection of human life is the main task of every independent state. The Constitution of the Republic of Uzbekistan stipulates that the right to life is a fundamental right of every person, and violating it is the most serious crime. The circumstances of the incident were analyzed from a legal point of view. Also, in our country, the types of responsibility for crime and their levels have been legally analyzed. Legislative documents of the Russian Federation, Ukraine and other countries were studied and compared with our national legislation.
Key words: responsibility, punishment, international law, responsibility for crime, punishment for crime.
INTRODUCTION.
Fighting crime, ensuring the rule of law, and protecting human rights are important tasks in the developing world today. It would not be an exaggeration to say that over the past period, large-scale reforms have been carried out in our country in order to ensure the rule of law. In recent years, the Presidential Decree in the strategy of action on the five priority areas of development of the Republic of Uzbekistan for 2017-2021 named the second priority “priority areas of ensuring the rule of law and further reform of the judicial and legal system”. [1] As a result of these goals, a sufficient degree of independence of the courts has been achieved.
On the basis of the Decree of the President of the Republic of Uzbekistan “On measures to radically improve the system of training candidates for judicial positions, retraining, advanced training of judges and court staff”, a Higher school of Judges has been established, thanks to which the system of training candidates for judicial positions, retraining, advanced training of judges and court staff is being improved. Also, within the framework of the action strategy, large-scale work was carried out aimed at forming and increasing the authority of a truly independent judiciary in the judicial and legal sphere of the country, ensuring the legality of the administration of justice in the activities of the courts.
In order to glorify human dignity, protect rights and create broad opportunities for them to exercise their rights, the Electoral Code of the Republic of Uzbekistan abolished the restriction on the participation in elections of persons held in places of deprivation of liberty for committing crimes that do not involve a great social risk and do not represent grave consequences. In his speech, the Head of State noted that “ensuring constitutional norms on the independence of the judiciary and the inevitability of responsibility for interference in the administration of justice is an important guarantee of achieving the goals set.
The time has come to improve the quality of consideration of cases in courts, especially in civil cases, in order to avoid hassle, to put an end to the practice of multiple consideration of the case and decision-making in the same court of first instance.” And, of course, we will not be mistaken if we say that the independence of the courts was indeed caused by reforms carried out in accordance with the goals set out in the action strategy. Over the past period, about 300 laws have been adopted aimed at radically reforming all spheres of state and public life, more than 4 thousand resolutions of the President of the Republic of Uzbekistan.
In order to continue the action strategy for 2017-2021, further development of the new Uzbekistan, implementation of reforms in all spheres based on the principle of “for human value”, Presidential Decree No. 28.01.2022 was issued in the Republic of Uzbekistan. UP — 60 “On the Development Strategy of new Uzbekistan for 2022-2026″.[2] It would not be an exaggeration to say that this is indeed a new stage in the development of the new Uzbekistan. The second stage of the seven priority directions of the development strategy was called ”turning the principles of justice and the rule of law in our country into the most basic and necessary condition for development.”
Through this principle, the inviolability of property rights is ensured, the rule of law and constitutional legality is ensured, public safety is ensured, an effective system is created for the timely detection and elimination of conditions conducive to the commission of offenses, the formation of a new image of law enforcement agencies and the effective protection of their activities in the interests of the people, human dignity, rights and freedoms, ensuring timely and complete execution of documents judicial and other bodies, The aim of the Institute of Advocacy is to radically increase its potential in protecting human rights, freedoms and legitimate interests, as well as to fully meet the needs of the population and business entities for qualified legal services, the development of an active civil society and the formation of a sense of respect and obedience to the law among citizens.
It also provides for strict enforcement of the rule of law in each body by turning the principle of ”law — priority, punishment — inevitability” into the main criterion. It is not for nothing that lawyer Cesare Beccaria argued that “in the prevention of crime, it is not the cruelty of punishment that is more important, but its inevitability.”
Our President Shavkat Mirziyoyev insisted that ”at least one crime should worry us all.” After all, even if there is one and many, it is dangerous for the prosperity of the state and the life of society. Every crime is solved and the culprit is punished to prevent the crime of course. Hussein Ecclesiastes Koshifi said: “Evil is a whole complex of shortcomings. The affairs of the world are not regulated without politics. If there is no law and regulation on education and punishment, the affairs of the country will be violated.” After all, the presence of punishment for every offense contributes greatly to the well-being of society. In our article we tried to analyze the grounds of responsibility for a crime, its legal analysis, comparative analysis with other states.
DISCUSSION AND RESULTS.
One of the types of legal liability is criminal liability, that is, the legal consequence of the commission of a crime. Criminal liability is the application of state coercion measures in the form of punishment to a person who has committed a crime. Article 16 of the current Criminal Code establishes responsibility for a crime and its grounds; it is established that responsibility for a crime is a legal consequence of the commission of a crime, expressed in the application by the court of a sentence, punishment or other measure of legal influence to a person guilty of committing a crime. According to the norms of the law, it is established that persons who have reached the age of sixteen at the time of committing a crime and are in their right mind are brought to criminal responsibility.
Criminal Code article 97, article 98 for individuals who have reached the age of 14 before they officially committed a crime, aki is the subject of a crime. Part Two of article 17, i.e. it was established that “persons who have reached the age of 13 are held liable under part two of article 97.” In accordance with paragraph 1 of Article 1 of the Law of the Republic of Uzbekistan dated 2021 No. 735 “on measures to amend and supplement certain legislative acts of the Republic of Uzbekistan in connection with further improvement of the system of ensuring guarantees of the rights of the child”,[3]Part two of Article 17 of the Criminal Code is excluded, and the subject age of article 97 on general grounds is 14 years. the age is set.
Article 20 of the Criminal Code of the Russian Federation establishes the age of responsibility for sixteen-year-olds on general grounds. The age of responsibility for premeditated murder (murder) is set at fourteen years.
In criminal law, the crime of premeditated murder is considered the most serious crime. The Constitution of the Republic of Uzbekistan establishes that everyone’s right to life is an inalienable right and that encroachment on it is the most serious crime. The first part of Article 97 of the Criminal Code, responsibility for premeditated murder is punishable by imprisonment for a term of ten to fifteen years. This part of the article provides for liability for premeditated murder without aggravating and mitigating circumstances.
In the legislation of the Russian Federation, murder, that is, the intentional murder of another person, is punishable by imprisonment for a term of six to fifteen years. [4] The legislation of the Ukrainian state provides that murder, that is, the premeditated murder of another person committed in violation of the law, is punishable by imprisonment for a term of seven to fifteen years. [5] According to the legislation of the State of Kazakhstan, intentional homicide is punishable by imprisonment for a term of eight to fifteen years. [6]
Premeditated murder in cases aggravating the responsibility provided for in part two of article 97 of the Criminal Code of the Republic of Uzbekistan.;
a) two or more persons;
b) a woman whose pregnancy has become obvious to the culprit;
c) a person who is in a helpless state, obvious to the culprit;
g) an individual or his close relatives in connection with the performance of their official or civil duty;
d) in a manner dangerous to the lives of other persons;
E) in the process of mass riots;
j) with extreme cruelty;
z) in connection with unnatural satisfaction of sexual needs using dishonor or violence;
i) with the intent of greed;
c) on the basis of national or racial enmity;
l) as a result of bullying;
m) on the basis of religious beliefs;
n) for the purpose of extracting human organs and (or) tissues or using parts of a corpse;
o) for the purpose of concealing any other crime or facilitating its commission;
p) by a group of persons or a member of an organized group or in the interests of this group;
r) a repeat offender of a relapse of a relapse of a relapse of a relapse of a relapse of a relapse of a relapse of a relapse of a relapse of a relapse of a relapse of a relapse of a relapse of a relapse of a relapse of a relapse of a relapse of a relapse;
c) premeditated murder by a particularly dangerous recidivist
for a crime is punishable by imprisonment for a term of fifteen to twenty-five years or life imprisonment.
In her proposals to improve the Criminal Code, lawyer Khurshida Abzalova suggested that liability under the first part of article 97 provides for punishment in the form of imprisonment for a period of ten to twelve years. They also pointed out that article 97 should establish liability not in two, but in three parts.
2. Murder:
2.1. in relation to a close relative;
2.2. in connection with mass riots;
2.3. firearms, ammunition, explosives or explosives
using their devices;
2.4. kidnapping or violent actions with the use of profanity
in connection with deprivation of liberty;
2.5. intent of greed;
2.6. consequences of bullying;
2.7. cutting off human organs and transplanting them to another person
(transplantation) or occurs for the purpose of using parts of a corpse
if it is said, –
with imprisonment for a term of twelve to fifteen years
is punished.
3. Murder in cases aggravating responsibility, namely:
3.1. two or more persons;
3.2. a woman whose pregnancy has become an obvious culprit;
3.3. a person in an obvious helpless state or a minor
biography;
3.4. in connection with the performance of official or civil duty
of a person or his close relatives;
3.5. in a manner dangerous to the lives of others;
3.6. for the purpose of causing severe suffering;
3.7. capture, tamagirstvo or capture of a person as a hostage
in connection with the receipt of;
3.8. unnatural touching of honor or sexual need with the use of violence
in connection with satisfaction in the method;
3.9. national, political, ideological or racial enmity or religious
enmity against the background of letters;
3.10. concealment of any other crime or its commission
in order to facilitate;
3.11. commission by a group of persons, –
Shall be punished by imprisonment for a term of fifteen to twenty-five years or life imprisonment.”
In the Russian state, under aggravating circumstances, a part of premeditated murder on the grounds of political enmity is also provided for. In Ukraine, in aggravating circumstances, the murder includes the intentional murder of a hostage or a kidnapped person and the ordered parts of the crime.
In the case under consideration, a sentence of life imprisonment is provided for premeditated murder in aggravating circumstances; it is considered necessary to pay attention to the question of the correct application of the rule of law, taking into account the reasons, purpose, method of committing the murder.
Murder in extenuating circumstances is reflected in four articles of the Criminal Code. Article 98. In case of strong mental arousal, the perpetrator of premeditated murder is punished by imprisonment for a term of two to five years or imprisonment for a term of up to five years. Article 99. For the premeditated murder of her own child, the mother is punished by imprisonment for a term of one to three years or imprisonment for a term of up to three years. Article 100.
For premeditated murder that goes beyond the necessary protection, punishment is provided in the form of correctional labor for up to three years, or restriction of liberty for a period of one to three years, or imprisonment for up to three years. Article 101. Responsibility for premeditated murder that goes beyond the necessary measures to detain a person who has committed a socially dangerous act provides for up to three years of correctional labor or restriction of liberty for a period of one to three years, or imprisonment for up to three years.
That in the crime of premeditated murder, the form of guilt, causes, purpose and method of committing murder should be established in each case, and other circumstances relevant to the correct legal assessment of the act and the appointment of a fair punishment to the perpetrator, as well as all the circumstances of the commission of this crime when sentencing for premeditated murder should be investigated: type of premeditated murder, the reasons for the murder, the purpose, the method, the situation in which the crime was committed, and the stage of the crime, as well as the identity of the perpetrator, his attitude to his act, The Resolution of the Plenum of the Supreme Court of the Republic of Uzbekistan “On judicial practice in cases involving premeditated murder” notes that it is necessary to take into account mitigating and aggravating circumstances of punishment, to study information about the identity of the victim, his relationship with the defendant, as well as his behavior before the murder. [7]
SUMMARY AND SUGGESTIONS:
We offer the following suggestions for improving our legislation based on the proposals of legal scholars and studying the legislation of foreign countries:
– Inclusion of the second part of Article 97 of premeditated murder “on the grounds of political enmity”;
– Singing of the first part of Article 97; the inscription “manslaughter, that is, the premeditated murder of another person in violation of the law;
– Liability under the first part of Article 97 provides for a penalty of imprisonment for a term of seven to fifteen years;
– Part three of Article 155 of the Criminal Code states: “actions provided for in part one or part two of this Article: to the death of a person; to the occurrence of other grave consequences”, Part two of Article 1551 reads: “the same act in relation to crimes of a terrorist nature: to the death of a person; to the occurrence of other grave consequences,” and the second part of article 158 reads: we propose to set the age of responsibility for the crimes provided for at fourteen.
We found it acceptable to identify our conclusion with this point of view. In the preface to the book “Strategy of the New Uzbekistan”, our president said: “there has never been such a dawn in the world. Thousands of years have passed since the appearance of this expression. This means that the whole universe, nature and humanity are in constant change, renewal. [8] Indeed, humanity lives and lives according to this age-old law. This is the essence of the content, the nature of the manifestation of any renewal.”
ANORBOEV MURODJON RAKHMANKUL UGLI
Teacher of the Criminal Law Department of Special Brench of Tashkent State University of Law
E-mail: MAnorboyev@SBtsul.uz
3 year Student of Special Brench of Tashkent State University of Law
OLIMJONOVA DURDONA OLIMJON QIZI
E-mail: DOlimjonova@SBtsul.uz
REFERENCES
1. Decree of the president of the Republic of Uzbekistan on the adoption of the strategy of actions for the development of the Republic of Uzbekistan for 2017-2021
2. Decree of the president of the Republic of Uzbekistan No. 60 “on the development strategy of New Uzbekistan for 2022 — 2026”
3. Law of the Republic of Uzbekistan No. 735 of 2021” on measures to introduce amendments and additions to certain legislative acts of the Republic of Uzbekistan
4. https://www.imolin.org/doc/amlid/Russian_Federation_Criminal_Code.pdf
5. https://sherloc.unodc.org/cld/uploads/res/document/ukr/2001/criminal-code-of-the-republic-of-ukraine-en_html/Ukraine_Criminal_Code_as_of_2010_EN.pdf
6. Criminal Code of the Republic of Kazakhstan dated July 16, 1997 No. 167
7. Resolution of the plenum of the Supreme Court of the Republic of Uzbekistan “on judicial practice in cases of intentional murder
8. Decree of the president of the Republic of Uzbekistan No. 60 “on the development strategy of New Uzbekistan for 2022 — 2026”
