IMPROVING THE EXECUTION OF CRIMINAL PENALTIES

Uzbekistan 

3rd course student of Karakalpak State University

sevaragapporova@gmail.com

     Annotation: This scientific article provides some suggestions and considerations that will be included in the criminal executive legislation of the Republic of Uzbekistan. also on the basis of the experience of many foreign countries will be discussed the amendment additions that should be applied. 

     keywords: fine, compulsory public works, execution in the form of fine days, compensation fund.

As we know from criminal executive law, we can study and analyze the system of execution of punishment in the Republic of Uzbekistan, conditionally dividing it into two parts, namely:

Activities of punitive institutions and bodies not related to separation from society;

Activities of punitive institutions and bodies associated with separation from society.

Indeed, to date, the fact that criminal punishments are used more productively in judicial practice, which are not associated with separation from society, is a noticeable aspect. 

The fact that the possibility of applying an economic sanction in the form of a fine instead of imprisonment for criminal cases in the field. Economics has been expanded is also a fact, if we say, of our significant achievements. After all, according to him, the type of punishment in the form of confiscation of property contrary to humanitarian principles was excluded from the criminal punishment system. In accordance with this, the classification of crimes was radically changed by the law of the Republic of Uzbekistan “on amendments and additions to the criminal, criminal procedure codes of the Republic of Uzbekistan and the Code of administrative responsibility in connection with the liberalization of criminal penalties”, adopted on August 29, 2001 at the initiative of the head of state. As a result, 75% of crimes in the category of serious and very serious were transferred to the category of crimes without high social risk and not very serious.

Also, the Criminal Code introduced rules that the punishment in the field of deprivation of Liberty in the event of compensation for material damage, and this principle of humanism and tolerance gives the expected effect in practice. Among them, the penalty of fines is one of those that bring great benefits to the state. A fine is the collection of money from the guilty person to state income in the amount established by the Criminal Code. The fine is appointed by the court taking into account the social danger of the crime committed by the guilty person, as well as his material condition. The convicted person must have practically sufficient access to the payment of the penalty imposed by the court.

In the legislation of Uzbekistan, a fine is assigned in the amount from five to six hundred times the amount of the base calculation, and in the case of minors – from two to twenty times. A fine in relation to minors can be appointed only if its independent monthly salary is available. According to the law, the execution of a fine is carried out by the Bureau of compulsory execution under the prosecutor general’s Office of the Republic of Uzbekistan. A person sentenced to a fine is obliged to pay the fine on a voluntary basis within a period of one month from the date of entry into legal force of the sentence, and a minor-within a period of six months.

Part 3 of Article 19 of the criminal Executive Code states that if it is not possible for a convicted person to pay a fine in full within the specified period, the court May, according to his petition, delay the execution of the sentence for up to six months according to Part 2 of Article 533 of the code of Criminal Procedure or Of course, when resolving this issue, the judge decides by taking into account certain circumstances of the case and the material condition of the convicted person.

In my opinion, it is necessary to introduce two types of penalty execution. The first of these is the actual execution, the second is the execution of punishment in the form of fine days. The execution of a fine in the form of fine days involves the obligation of the convicted person to regularly enter a certain amount of money into the state budget. The penalty days are the minimum of the day rate depending on the severity of the crime – the five full day rate, while the highest rate is set at three hundred and sixty full day rates. This should be applied taking into account the material condition of the convict and the profit that will fall on the state.

What is the difference between such execution and postponement of payment of a fine or payment in installments, the difference is that the delay in payment of a fine or payment in installments is applied if the material condition of the convicted person deteriorates after the release of the court sentence, and the fine days are applied taking into account the financial condition. Such execution of the penalty is provided for by the criminal executive legislation of most states. An example of this is the criminal Executive Law of France, Germany.

Another of the criminal penalties not related to imprisonment in the criminal executive legislation of the Republic of Uzbekistan is correctional labor. According to Article 46 of the Criminal Code of the Republic of Uzbekistan, correctional work consists in the forced involvement of a person in labor for a period of six months to three years, withholding from ten to thirty percent of his salary to state income, and the punishment is passed in accordance with the judgment of the court in the places.

Such a system for the execution of this punishment should be created in which how much of the money that will be deducted from the convicts serving the punishment for correctional labor should be allocated to the victims. For this purpose, The “Victim Compensation Fund” should be established in Uzbekistan. Then the amount that will be deducted from the convicted person’s salary for victims will be transferred directly to the Victim Compensation Fund. This fund, on the other hand, distributes the amounts received for victims who do not have the opportunity to compensate for material and moral damage. This system is provided for by the legislation of most countries in the world. In particular, the state of Kazakhstan is also used in criminal executive legislation.

It is necessary to clarify the law in order to assist persons who have served the sentence of imprisonment in their later life in labor and domestic affairs. That is, Article 173 of the criminal Executive Code provides for the following norm, namely: “regional, district, city hall:

Helps persons released from serving sentences in the regulation of employment and household finances, as well as in the provision of other types of social assistance;

Every year, jobs for persons discharged from institutions allocate loans, and also encourage individuals and legal entities who put them to work,” the supplement should be included.

The purpose of the introduction of such a norm is a difficult matter for convicts who have served a sentence in our society to find a job. Therefore, in the criminal executive legislation of most states, such and similar norms are established. For example, in the Criminal executive legislation of Kazakhstan, Latvia, such a norm is established.

 One of the main tools is the formation of law-abiding behavior in Persons Sentenced to criminal punishment and a respectful attitude to the rules of conduct in society, their social adaptation, assistance in obtaining education and vocational training in preventing the commission of a new crime. Therefore, in recent years, special importance has been attached to measures aimed at obtaining appropriate education of persons serving sentences in the processes of reforming the judicial system, improving criminal and criminal procedural legislation.

As we know from criminal Executive Law, general secondary education of convicts is organized in penitentiary institutions. The administration of the institution provides the convicts with the conditions established by law for their education and independent education, and provides the necessary support. Convicts are not allowed to receive education in higher and secondary special educational institutions, with the exception of convicts in the address colonies, where they can receive education in correspondence departments of educational institutions. 

All convicts must be given the right to distance education in higher and secondary specialized educational institutions. The experience of foreign countries in this regard was studied. When studying the legislation on the education of convicts in countries such as Russia, Ukraine, USA, Germany, Great Britain, Australia, Norway, it was found that the establishment of a system of general secondary and secondary special, vocational education and higher education of convicts helped in the social adaptation of convicts who served their sentences. Alternatively, it has been observed that such practice has yielded good results in preventing convicts from entering the criminal path again.

From the above, it can be concluded that almost all proposals and changes made to improve the execution of criminal penalties serve to make the current execution more clear and understandable, as well as to perfect them. Because these proposals are being put into practice in the criminal executive legislation of many foreign countries and give good results. 

References

The law of the Republic of Uzbekistan “on amendments and additions to the criminal, criminal procedure codes of the Republic of Uzbekistan and the code of administrative responsibility in connection with the liberalization of criminal penalties”of August 29, 2001 // Bulletin of the Oliy Majlis of the Republic of Uzbekistan. – 2001. №9 – 10. – 165-m.

Criminal Executive Code of the Republic of Lithuania.

Criminal Executive Code of the Republic of Kazakhstan.

Criminal Executive Code of the Republic of Uzbekistan.

Criminal Executive Code of the Russian Federation.