The Place of The Institution of Multiple Crimes in Qualification of The Crime
Batir Shakurov , Student of The Faculty of Economics at The Tashkent State Transport University, UzbekistanAbstract
Within the framework of this article, the significance and criminal-legal impact of the institution of multiple crimes for crime qualification are examined. It is noted here that the legal assessment of committed acts in the event of multiple crimes belongs to the category of general rules for crime qualification. The significance of the guiding explanations provided in the resolutions of the Plenum of the Supreme Court of the Republic of Uzbekistan for the qualification of crimes is determined. Furthermore, the features of crime qualification based on the forms of multiple crimes are analyzed. This section analyzes cases where multiple crimes are excluded when committing socially dangerous acts, which, although they constitute a separate independent crime, must be qualified under a single article. This is justified by examples of preparation for committing a more serious crime, which may be provided for as an independent crime. Based on the study of individual qualification rules for recidivism, the totality of crimes, and recidivism. Based on the foregoing, it is concluded that in modern law enforcement practice, the forms of multiple crimes cease to be merely background characteristics and acquire the status of constructive features of crime compositions, without which it is impossible to accurately and fairly qualify the act.
Keywords
Crime qualification, multiplicity, dangerous recidivism
References
Kudryavtsev V.N. General Theory of Crime Qualification. – 2nd ed.. revised. And add. – M.: "Yurist" 2001.
Kurinov B.A. Scientific Foundations of Crime Qualification. – M.: Moscow University Publishing House, 1984.
Kabulov R. Qualification of Crimes: A Textbook for Higher Educational Institutions of the Ministry of Internal Affairs / R. Kabulov, A.A. Otajonov, I.A. Sottiyev, et al. – T.: Academy of the Ministry of Internal Affairs of the Republic of Uzbekistan, 2012. – 291 p.
See: Kudryavtsev V.N. Op. cit.
Resolution of the Plenum of the Supreme Court of the Republic of Uzbekistan dated May 5, 2008, No. 13 "On issues of qualifying acts in the event of multiple crimes" (with amendments and additions as of December 16, 2024).
Law of the Republic of Uzbekistan No. ZRU-703 dated July 28, 2021, "On Courts."
Resolution of the Plenum of the Supreme Court of the Republic of Uzbekistan dated May 5, 2008, No. 13 "On issues of qualifying acts in the event of multiple crimes" (with amendments and additions as of December 16, 2024).
Resolution of the Plenum of the Supreme Court of the Republic of Uzbekistan dated September 24, 1999, No. 19 "On certain issues that have arisen in judicial practice regarding cases of crimes in the economic sphere" (with amendments and additions as of December 16, 2024).
Resolution of the Plenum of the Supreme Court of the Republic of Uzbekistan dated May 5, 2008, No. 13 "On issues of qualifying acts in the event of multiple crimes" (with amendments and additions as of December 16, 2024).
Resolution of the Plenum of the Supreme Court of the Republic of Uzbekistan No. 11 dated April 17, 1998, "On Judicial Practice in Cases of Bribery" (with amendments and additions as of May 14, 2024).
Resolution of the Plenum of the Supreme Court of the Republic of Uzbekistan dated May 5, 2008, No. 13 "On issues of qualifying acts in the event of multiple crimes" (with amendments and additions as of December 16, 2024).
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Political Science Law
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