LIMITS OF ACCOUNTING FOR CASES OF MITIGATING PUNISHMENT IN THE APPOINTMENT OF PUNISHMENT BY THE COURTS ACCORDING TO THE CRIMINAL LAW OF UZBEKISTAN
Abstract
In this article, the author analyzes limits of accounting for cases of mitigating punishment in the appointment of punishment by the courts according to the criminal law of Uzbekistan.
The article scientifically-theoretically analyzes theoretical and legal problems of limits of accounting for cases of mitigating punishment in the appointment of punishment by the courts according to the Criminal Code of the Republic of Uzbekistan. In this case, the signs of the objective side of this crime, its specifics are covered on the basis of the opinions of national and foreign scientists, as well as legislative analysis.
As author explains the mitigating circumstances specified in the special part of the Criminal Code of Uzbekistan serve a special function: they lead to the occurrence of a type of criminal content, consequently, to the creation of a different sanction. Given this role, these circumstances are valid as special signs of the crime. Such crimes are called crimes, which have cases of mitigating punishment.
Proposals for the development of national legislation have been put forward in the analyzed issue.
Keywords
Theory of criminal law, qualification of an act, mitigating circumstancesHow to Cite
References
Rustambaev M.H. Course of Criminal Law of the Republic of Uzbekistan. Vol IV. Textbook. - Tashkent: ILM ZIYO, 2011. – B. 261.
Criminal law. Special part: textbook. / R.Kabulov, A.Otajanov, M.Rustambaev et al. / Editor in charge: Sh.Ikramov. - Tashkent: Kyiv Academy of the Republic of Uzbekistan, 2014. – B. 451.
Resolution No. 11 of the Plenum of the Supreme Court of the Republic of Uzbekistan dated April 17, 1998 "On certain issues arising in the judicial practice of criminal cases in the field of Economics". // www.lex.uz/docs/1443984
Dineka V.I. Criminal liability for abuse of power or official powers of employees of internal affairs bodies: Diss. ...cand. Jurid. Sciences. – M., 1992. – p. 54.
Mikhlin A.S. Consequences of crime. – M., 1969. – p. 12-17.
Complete course of criminal law / Edited by A.I.Korobeev. Vol. 1. – St. Petersburg, 2008. – pp. 364-365.
Ter-Hakobyan A. Causal connection in crimes related to violation of official functions // Soviet Justice, 1984. No.22. – p. 3.
Chechel G.I. Mitigating circumstances and their significance in the individualization of punishment. Saratov, 1978. – p. 44.
Trainin A.N. The composition of a crime under Soviet criminal law. – M., 1951. – pp. 324-327.
Leikina N.S. The identity of the criminal and criminal liability. – L., 1968. – p. 106.
Kruglikov L.L. Mitigating and aggravating circumstances in criminal law. Voronezh, 1985. – p. 39.
The second paragraph of Paragraph 3 of the Plenum of the Supreme Court of the Republic of Uzbekistan Resolution No. 1 of February 3, 2006 "On the practice of judicial punishment for crimes".
Tkachenko V.I. General principles of sentencing. – M., 1984. – p. 43.
Malkov V.P. On the system of criminal penalties and the procedure for their appointment // Problems of criminal liability and its differentiation. – Yaroslavl, 1994. – p. 29.
Salikhov Z.M. Individualization of punishment when it is imposed by a court under Russian criminal law. Diss. ...cand. Jurid. sciences'. – Kazan, 2002. – pp. 149-150.
Myasnikov O.A. Mitigating and aggravating circumstances in theory, legislation and judicial practice. – M., 2002. – p. 191.
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