The article describes some considerations by the author on the issues of qualifying an act according to the subject of the crime in competition with legal norms. Also, the author notes that, as you know, committing an act in which all the signs of the content of the crime are present, becomes the basis for bringing the individual to justice. Therefore, in order to criminalize a person and apply a criminal punishment or other measure of legal influence on him, it is necessary to clearly indicate which norm of the law is violated, what signs of the composition of the crime are in the act. This task is performed by means of qualifying for crimes. Article 488 of the Criminal Procedure Code of the Republic of Uzbekistan provides for cases of improper application of the norms of the Criminal Code, which in turn form the basis for canceling or changing the sentence. Thus, qualification must be justified, legal, correct and complete. Because qualification is a fundamental element of legality in criminal law, it makes it possible to distinguish one crime from another, it becomes the basis for making an act a crime, determining the criminal-legal and procedural consequences of a crime, and prescribing a fair punishment. As long as the act is not properly qualified, the principles of legality, justice and responsibility for guilt are violated. For this reason, it serves to ensure fair liability only in the process of applying the law, precisely following the requirements of criminal law and giving the correct legal assessment of the act.
| Mualliflar | Курбанов Маъруфжон Мамадаминович |
|---|---|
| Jurnal | Ҳуқуқий тадқиқотлар /Правовые исследования/ Journal of Law Research |
| Nashriyot | Ўзбекистон Республикаси Ахборот технологиялари ва, коммуникацияларни ривожлантириш вазирлиги |
| ISSN | 2181-9130 |
| Nashr sanasi | 2023-07-20 |
| Til | Ingliz |
| Ilmiy soha | Yuridik |
| Indeksga qo‘shilgan | 2026-08-26 |
преступное деяние, наказание, квалификация, конкуренция норм, справедливость, ответственность за вину, неотвратимость ответственности, жиноий қилмиш, жазо, квалификация, нормалар рақобати, одиллик, айб учун жавобгарлик, жавобгарликнинг муқаррарлиги, criminal act, punishment, qualification, competition of norms, justice, responsibility for guilt, inevitability of responsibility
| APA | Курбанов Маъруфжон Мамадаминович (2023). ISSUES OF QUALIFYING AN ACT ACCORDING TO THE SUBJECT OF CRIME IN COMPETITION WITH LEGAL NORMS. Ҳуқуқий тадқиқотлар /Правовые исследования/ Journal of Law Research. https://tadqiqot.uz/index.php/law/article/view/7665 |
|---|---|
| GOST (OAK) | Курбанов Маъруфжон Мамадаминович ISSUES OF QUALIFYING AN ACT ACCORDING TO THE SUBJECT OF CRIME IN COMPETITION WITH LEGAL NORMS // Ҳуқуқий тадқиқотлар /Правовые исследования/ Journal of Law Research. – 2023. |
| MLA | Курбанов Маъруфжон Мамадаминович. “ISSUES OF QUALIFYING AN ACT ACCORDING TO THE SUBJECT OF CRIME IN COMPETITION WITH LEGAL NORMS.” Ҳуқуқий тадқиқотлар /Правовые исследования/ Journal of Law Research, 2023. https://tadqiqot.uz/index.php/law/article/view/7665 |
| Chicago | Курбанов Маъруфжон Мамадаминович. “ISSUES OF QUALIFYING AN ACT ACCORDING TO THE SUBJECT OF CRIME IN COMPETITION WITH LEGAL NORMS.” Ҳуқуқий тадқиқотлар /Правовые исследования/ Journal of Law Research (2023). https://tadqiqot.uz/index.php/law/article/view/7665 |
| Harvard | Курбанов Маъруфжон Мамадаминович (2023) ‘ISSUES OF QUALIFYING AN ACT ACCORDING TO THE SUBJECT OF CRIME IN COMPETITION WITH LEGAL NORMS’, Ҳуқуқий тадқиқотлар /Правовые исследования/ Journal of Law Research. https://tadqiqot.uz/index.php/law/article/view/7665 |
| BibTeX | @article{article2023,
title = {ISSUES OF QUALIFYING AN ACT ACCORDING TO THE SUBJECT OF CRIME IN COMPETITION WITH LEGAL NORMS},
author = {Курбанов Маъруфжон Мамадаминович},
journal = {Ҳуқуқий тадқиқотлар /Правовые исследования/ Journal of Law Research},
year = {2023},
url = {https://tadqiqot.uz/index.php/law/article/view/7665}
} |
Boshqa maqola uchun iqtibos tayyorlash
The article discusses the transfer of rights to intellectual property obtained as a result of research conducted at universities and other state research organizations. Attention is paid to its organizational and…
This given article deals with the legal framework for the implementation of the activities of small businesses in accordance with the current legislation of the Republic of Tajikistan and the Republic of Uzbekistan. In…
In the article, the problems related to the selection and training of personnel for the higher educational institutions of the internal affairs bodies and the improvement of their organizational and legal foundations…
The article discusses the concept of the "right to oblivion" and the question of the need to consolidate the "right to oblivion" as a constitutional human right. Its legislative development and wide application call…
The article analyzes the growth trends in crime, describes statistical data, provides information on the occurrence of the investigative action of the inspection, the laws of Manu, "Xi-Yuan-lu" and other sources…
The article describes some of the comments made by the author regarding certain considerations regarding the validity of criminal law by territory. The author also noted that the Criminal Code of the Republic of…
In this article, international standards on the return of "criminal assets" to the country of origin, including conventions, agreements, FAFT recommendations, Regulations, Directives, Decisions and other legal…
The article reveals the significance of the revision as an institution of financial control in the investigation of economic crimes, organizations designed to investigate economic crimes and the direction of their…
This scientific article examines the factors of influence of digitalization trends on the diplomatic service, examples of world practice in the development of digital diplomatic activity in the context of the…
The article shows the importance of implementing public control mechanisms through one of the tools - the vigorous activity of the Public Chamber, which currently functions on paper so far. The necessity of determining…
Ҳуқуқий тадқиқотлар /Правовые исследования/ Journal of Law Research — barcha maqolalar · 2023-yil arxivi
In this article, the author conducted a criminal-legal analysis of crimes related to obstruction, illegal interference in business activities.
In the article, the author analyzes the social need to determine responsibility, the development of norms providing liability for crimes related to obstruction, illegal interference in business activity.
This article examines animal cruelty not merely as an offence against public morality or property interests, but as a multi-layered object of criminal-law protection involving the independent interest of a sentient…
The article describes some of the comments made by the author regarding certain considerations regarding the validity of criminal law by territory. The author also noted that the Criminal Code of the Republic of…
This article examines the statutory and doctrinal foundations of criminal liability for environmental offences through an analysis of Chapter XIV of the Criminal Code of the Republic of Uzbekistan, interpretative…
In this article, the author examines the concept of mediation in bribery and the peculiarities ofestablishing criminal liability for it. The author notes that in any country, the issue of combatingcorruption occupies a…
This paper examines the specific features of using information and telecommunication technologies (ITT) for the illicit trafficking of prohibited items and substances. It notes that the development of anonymous…
This article examines the legal mechanisms for protecting the rights and legitimate interests of persons affected by domestic (family) violence. It analyzes the legislation of the Republic of Uzbekistan aimed at…
The article analyzes the role and importance of digitalization of the higher education system in preventing corruption. In particular, the importance of new information technologies introduced into the higher education…
Based on an analysis of Uzbek legislation on commercial bribery, international standards, and 2023 sentencing data, we argue that the direct object of commercial bribery should be linked not to an organization’s…
Drawing on first-instance and appellate judgments issued in Uzbekistan in 2026 and amendments to Articles 118 and 119 of the Criminal Code introduced by the Law of October 14, 2026, this article identifies systemic…
The article examines the issue arising from the fact that Articles 210–212 of the Criminal Code treat bribery involving lawful actions by a public official and bribery involving unlawful actions (or omissions) within…