THE ESSENCE OF ADMINISTRATIVE PREJUDICE IN CRIMINAL LAW (IN THE EXAMPLE OF THE CRIMINAL LEGISLATION OF THE REPUBLIC OF UZBEKISTAN)
Keywords:
legal liability, criminal liability, administrative liability, administrative prejudice, degree of public danger, criminal classification, public danger.Abstract
In this article, the author has highlighted the concepts, content and features of criminal liability and administrative prejudice according to the Criminal Code of the Republic of Uzbekistan.
The author notes that in the first part of article 16 of the current Criminal Code of the Republic of Uzbekistan, the definition of responsibility for a crime is a legal consequence of the commission of a crime, which is expressed in the application of a court verdict, punishment or other measure of legal influence against a person guilty of committing a crime.
Criminal liability is a criminal legal relationship that arises between a person and the State for committing an act prohibited by the Criminal Code of a person.
In fact, criminal liability is one of the central issues studied in the theory of criminal law, and the articles of the special part of the Criminal Code form its basis. In recent years, this issue has become more relevant due to the liberalization of criminal legislation.
The article states that in some cases there is a need to apply administrative prejudice in the exercise of criminal responsibility, in particular, in the qualification of the act. Administrative prejudice refers to the fact that in order to recognize an act as a crime, an administrative penalty was imposed on the person who committed it earlier for such an act, and this condition is fixed in the article relating to the special part of the criminal law. In this case, it should be noted that in accordance with article 37 of the Code of Administrative Responsibility of the Republic of Uzbekistan, a person sentenced to administrative punishment has not committed a new administrative offense within a year from the date of expiration of this punishment, this person is considered not subject to administrative punishment. In the process of applying the rule of administrative prejudice, it is noted that it is necessary to take this rule into account.
Also included are the views of scientists on administrative prejudice, scientific and theoretical views on whether it should be in criminal law, as well as the position of the author.
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