This article describes the issues of qualifying the crime of sexually transmitted disease or spreading HIV/AIDS and distinguishing it from similar crimes

Аннотация

This article describes the issues of qualifying the crime of sexually transmitted disease or spreading HIV/AIDS and distinguishing it from similar crimes. In particular, the article scientifically analyzes the different aspects of the crime of sexually transmitted disease or spreading HIV/AIDS from similar crimes, i.e. Article 116 of the Criminal Code. In addition, in the article, if sexually transmitted disease or HIV/AIDS infection occurs as a result of touching the honor, in such cases, the criminal's actions are qualified by Articles 113 and 118 of the Criminal Code, that is, as a set of crimes. Also, the article presents reasonable conclusions on the issues of qualification and differentiation of the crime of spreading the sexually transmitted disease or HIV/AIDS from similar crimes. Keywords: profession, responsibility, crime, disease, act, norm, HIV, AIDS, infection, qualification, law. There is competition between the crime of spreading sexually transmitted disease or HIV/AIDS and many norms in the Special Part of the Criminal Code. "Competition of special norms exists in the relationship between two or more special norms, one of which is not considered the type and special appearance of the other, and which, in turn, have similar characteristics" [1]. For this reason, in practice, some problems can be encountered in the qualification of a special act. When qualifying any act, it is required to identify its distinguishing features from similar crimes, comprehensive analysis of the crime structure, and to determine the features characteristic of its structural elements [2]. When it comes to distinguishing the crime of spreading venereal disease or HIV/AIDS from related crimes, first of all, it is necessary to distinguish the fifth part of Article 113 of the Criminal Code and Article 116 of the Criminal Code. The main reason why this case is not considered as "other serious consequences" in paragraph "b" of the fourth part of Article 116 of the Criminal Code is based on its high level of social danger. 82 ACADEMIC RESEARCH IN MODERN SCIENCE International scientific-online conference Article 113 of the Civil Code should be distinguished from violation of sanitary legislation or the rules of fighting against epidemics (Article 2571 of the Civil Code). In this case, the objective part of Article 2571 of the Criminal Code is that certain actions of violating the sanitary legislation or the rules of fighting against epidemics are defined in Article 2571 of the Criminal Code, and these actions do not directly conflict with the norms of Article 113 of the Criminal Code. At the same time, Article 2571 of the Civil Code defines these actions as "including", which means that it is a crime to violate the sanitary legislation or the rules of epidemic control in any way, if it causes public illness or poisoning of people, or if it creates such a real danger. When distinguishing between these crimes, it should be taken into account that the violation of the sanitary legislation or the rules of epidemic control often acquires a mass character, the victims are many at the same time, and the method of committing the crime is also different from each other. In particular, violation of sanitary legislation or anti-epidemic rules is used, for example, in cases where a virus or infection spreads as a result of not taking the necessary precautions specified in sanitary legislation or anti-epidemic rules when working with various infectious virus and infection strains. Article 113 of the Criminal Code means that a person, knowing that he has a disease, infects another person, including, in most cases, sexually or in connection with the performance of professional duties. In many cases, the subject of violation of sanitary legislation or the rules of epidemic control is also a special subject, and in Article 113 of the Criminal Code, a carrier of genital or HIV (AIDS) infection can also be a subject of crime. At the same time, Article 113 of the Civil Code establishes criminal responsibility only for sexually transmitted or spreading HIV (AIDS) infection, while Article 2571 of the Civil Code provides for any disease that can cause mass disease of people. Transmission of venereal disease or HIV/AIDS can also occur as a result of indecency, and in such cases, the actions of the criminal are qualified as a set of crimes under Articles 113 and 118 of the Criminal Code. In particular, it showed that article 113 of the Criminal Code comes together with articles 118, 119 and 120 of the Criminal Code. When a person infects another person with HIV/AIDS as a result of his/her failure to fulfill his/her professional duties, the act is qualified not by Article 116 of the Civil Code, but by the fifth part of Article 113 of the Civil Code. 83 ACADEMIC RESEARCH IN MODERN SCIENCE International scientific-online conference According to the Law of the Republic of Uzbekistan dated May 24, 2010 [3], a new fifth part was included in Article 113