In this article, the author analyzes the qualification of an offense, the types and stages of qualification, as well as the classification of offense qualification based on various criteria. The author has developed a theoretical definition of these stages and highlighted the theoretical and practical significance of the concepts. Additionally, the article examines the role and significance of the resolutions of the Plenum of the Supreme Court of the Republic of Uzbekistan in matters of offense qualification, identifies three stages of qualification considering the subjects and the importance of the qualification process, and analyzes the content of each stage. The author emphasizes that for the application of punishment, it is necessary to officially record and establish the existence of criminal-law relations in a procedural form. This includes: determining the legal fact that served as the basis for the emergence of the crime; identifying the subject matter of the legal relationship; and establishing its content, i.e., which criminal law norm encompasses it. These tasks are carried out by investigative bodies, pretrial investigation authorities, and the court, and are documented in procedural records for the qualification of the offense. The qualification of an offense implies the application of a legal norm as a key, though not the sole, structural element. The stages of qualification should be understood as the steps in selecting the applicable criminal law norm. When the circumstances of the crime are clearly established, the selection of the legal norm and the qualification of the offense can be completed instantly, ensuring the accurate reflection of the events and the consistency of the evaluation until the case is reviewed by a supervisory body. An experienced lawyer, after reviewing the case materials, can draw a conclusion about the composition of the committed offense based on the identified elements, even without a detailed (at least external) comparison of these elements with the provisions of the law. However, in cases involving concealed or unclear crimes, difficulties may arise in determining the applicable criminal law norm. This complicates the establishment of the fact of the offense and its qualification. The first stage of offense qualification is determining whether a crime has been committed and forming a general understanding of its characteristics.
| Mualliflar | Алтиев Раззок Саидович |
|---|---|
| Jurnal | Ҳуқуқий тадқиқотлар /Правовые исследования/ Journal of Law Research |
| Nashr sanasi | 2025-01-20 |
| Til | O‘zbek |
преступление, квалификация, субъект преступление, жиноят субъекти, состав преступление, стадии квалификации, постановление, уголовно-правовая норма, жиноят, малакалаш (квалификация қилиш), жиноят таркиби, квалификация қилиш босқичлари, қарор, жиноят-ҳуқуқий норма, crime, qualification, subject of crime, composition of a crime, stages of qualification, resolution, criminal law norm
The article examines the problem of domestic violence in the European Union (EU) countries, its scope, consequences and measures to combat it. Based on statistical data and analytical reports, the increase in cases of…
In this scientific article, the issue of territory in the implementation of criminal responsibility for crimes related to crossing the state border, the issues of responsibility for this act defined in the criminal laws…
The article provides a comprehensive criminal-legal analysis of the object of terrorist financing, paying attention to its types and features. The object of the crime is considered, including its types and the subject…
In the article, the author, from the point of view of criminal-legal composition, examines the issues of criminal-legal qualification of some crimes against public order, in particular, such crimes as mass riots…
This article focuses on the theoretical aspects of legal support for digitalization in the Republic of Uzbekistan. It explores the measures implemented by the government to address the changes brought about by digital…
The article reveals the distinctive features of two criminal law norms: kidnapping and hostage-taking. The concepts of kidnapping and hostage-taking are analyzed. The distinctive features of the object of encroachment…
The article provides a comprehensive analysis of the legal status of civil servants in developed countries. It explores legislative mechanisms that define the rights, duties, responsibilities, limitations, and social…
This scientific article addresses the issue of the protection of individual rights and freedoms by the prosecutor. The article explores the duties and functions of the prosecutor’s office in the Republic of Uzbekistan…
The article mentions high spiritual and moral values, justice, goodness, mutual respect, friendship, tolerance, honesty, interethnic harmony, traditions of all nationalities and peoples living in the country as an…
This article examines the protection of children's interests in the process of divorce. To reduce the social and psychological impact of conflict situations arising during and after divorce on children, mechanisms for…
Ҳуқуқий тадқиқотлар /Правовые исследования/ Journal of Law Research — barcha maqolalar