This article extensively uses logical, inductive, deductive, systematic, logical-legal, and comparative-legal methods. This article extensively uses logical, inductive, deductive, systematic, logical-legal, and comparative-legal research methods. In particular, before dwelling on the algorithm for qualifying crimes, the concept of crime qualification and its specific features are described. It is stated that the following material and formal (legal) grounds must exist for bringing a person to criminal responsibility: the socially dangerous act committed must be specified and prohibited as a crime in criminal legislation; the person must be guilty (intentional or negligent) of committing a socially dangerous act specified and prohibited as a crime in criminal legislation; punishment or other measure of influence for such an act must be established in a specific norm of the Special Part of the Criminal Code. In this article, it is stated that making a decision on the application of criminal law norms in the qualification of crimes consists of two parts: making a decision on the existence of a crime; making a decision on the absence of a crime. It is also stated that it is advisable to distinguish the following as stages of application of the norms of criminal law and legislation: identification and verification of real factual circumstances, establishing a criminal law norm, and making a decision on the merits of the case. In this article, it is stated that the errors made in the qualification of crimes are mainly related to the incorrect application of the norms of criminal law and legislation, which, in turn, leads to the incorrect application of the norms of substantive law (criminal law) and violation of the norms of criminal procedural law, and also, in order to prevent such violations of legislation, knowledge of the rules related to the correct qualification of a specific criminal act punishable by punishment leads to the correct application in practice of the principles of legality, justice, responsibility for guilt, and the inevitability of responsibility of the Criminal Code. At the same time, practical examples of some typical errors in the qualification of crimes are given from judicial and investigative practice, and to correct these errors, based on the rules existing in the theory of criminal law and the theoretical foundations of the qualification of crimes, the author has developed the necessary formulas in the algorithm (sequence) of the qualification of crimes. In this article, based on the results of studying the doctrine of criminal law, the theoretical foundations of the qualification of crimes, and the methodology formed in judicial and investigative practice, an algorithm for the qualification of copyrighted crimes has been formed in order to make it convenient for subjects authorized to qualify crimes. In particular, it is stated that the algorithm for qualifying crimes consists of 4 stages. Also, in the algorithm (sequence) for qualifying crimes according to the doctrine of criminal law and the theoretical foundations of the qualification of crimes, the author put forward substantiated recommendations for the phased solution of the task of qualification according to the criminal law norm.
| Mualliflar | Худайкулов Ферузбек Хуррамович |
|---|---|
| Jurnal | Ҳуқуқий тадқиқотлар /Правовые исследования/ Journal of Law Research |
| Nashriyot | Ўзбекистон Республикаси Ахборот технологиялари ва, коммуникацияларни ривожлантириш вазирлиги |
| ISSN | 2181-9130 |
| Nashr sanasi | 2026-04-27 |
| Jild | 10 |
| Son | 11 |
| Til | Ingliz |
| Ilmiy soha | Yuridik |
| Indeksga qo‘shilgan | 2026-08-26 |
квалификация преступлений, алгоритм, этапы квалификации преступлений, состав преступления, объективная сторона преступления, объект, субъективная сторона, субъект, ошибка в квалификации преступлений, jinoyatlarni kvalifikatsiya qilish, algoritm, jinoyatlarni kvalifikatsiya qilish bosqichlari, jinoyat tarkibi, jinoyat obyektiv tomoni, obyekt, subyektiv tomon, subyekt, jinoyatlarni kvalifikatsiya qilishda xato, crime qualification, algorithm, stages of crime qualification, corpus delicti(crime composition), objective side of the crime, object, subjective side, subject, error in the qualification of crimes
| APA | Худайкулов Ферузбек Хуррамович (2026). CRIME QUALIFICATION ALGORITHM: THEORETICAL AND PRACTICAL ASPECTS. Ҳуқуқий тадқиқотлар /Правовые исследования/ Journal of Law Research, 10(11). https://tadqiqot.uz/index.php/law/article/view/13561 |
|---|---|
| GOST (OAK) | Худайкулов Ферузбек Хуррамович CRIME QUALIFICATION ALGORITHM: THEORETICAL AND PRACTICAL ASPECTS // Ҳуқуқий тадқиқотлар /Правовые исследования/ Journal of Law Research. – 2026. – T. 10, № 11. |
| MLA | Худайкулов Ферузбек Хуррамович. “CRIME QUALIFICATION ALGORITHM: THEORETICAL AND PRACTICAL ASPECTS.” Ҳуқуқий тадқиқотлар /Правовые исследования/ Journal of Law Research, 10(11), 2026. https://tadqiqot.uz/index.php/law/article/view/13561 |
| Chicago | Худайкулов Ферузбек Хуррамович. “CRIME QUALIFICATION ALGORITHM: THEORETICAL AND PRACTICAL ASPECTS.” Ҳуқуқий тадқиқотлар /Правовые исследования/ Journal of Law Research, 10(11) (2026). https://tadqiqot.uz/index.php/law/article/view/13561 |
| Harvard | Худайкулов Ферузбек Хуррамович (2026) ‘CRIME QUALIFICATION ALGORITHM: THEORETICAL AND PRACTICAL ASPECTS’, Ҳуқуқий тадқиқотлар /Правовые исследования/ Journal of Law Research, 10(11). https://tadqiqot.uz/index.php/law/article/view/13561 |
| BibTeX | @article{article2026,
title = {CRIME QUALIFICATION ALGORITHM: THEORETICAL AND PRACTICAL ASPECTS},
author = {Худайкулов Ферузбек Хуррамович},
journal = {Ҳуқуқий тадқиқотлар /Правовые исследования/ Journal of Law Research},
year = {2026},
volume = {10},
number = {11},
url = {https://tadqiqot.uz/index.php/law/article/view/13561}
} |
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