ISSUES OF THE TEMPORAL OPERATION OF THE CRIMINAL LAW IN CASES OF CHANGES IN THE BASIC CALCULATION QUANTITY

Аннотация

INTRODUCTION When it comes to the abolition of criminality of an act, one of the methods of criminal law policy - Criminal Code of the Republic of Uzbekistan decriminalization, i.e. not recognizing acts that reflects the exclusion (the application of the law to were considered criminal under the old law as such acts committed before the entry into force of the in the new law is understood. Decriminalization is law) from the general rule (the application of the the exclusion, abolition of criminal liability for law to acts committed after the entry into force of certain acts that were previously considered the law) of the operation of the Criminal Law in crimes, including the inclusion of these acts among time, according to which the new law is retroactive, less significant offenses (administrative, in cases where the law : 1) cancels the criminality disciplinary, etc.). Decriminalization is of the act; 2) mitigates the punishment; 3) criminalization with a “negative sign” [2]. otherwise improves the condition of the person [1]. In the case of complete decriminalization, a Such a law applies to persons who, prior to its entry problematic situation does not arise in the matter into force: committed the relevant act; are serving of the retroactive power of the law, since the their sentence; have served their sentence (if they composition of the previously existing crime in the still have a criminal record). And in part 3 of this criminal law is completely excluded. For example, article it is established that the law, which in the Article 120 (Concealment of found property), considers an act as a crime, increases punishment Article 131 (Concealment of found property), or otherwise worsens the condition of a person, has Article 175 (Speculation), Article 176 (Mediation in no retroactive effect. trade affairs), Article 2081 (Driving vehicles in a https://www.theamericanjournals.com/index.php/tajpslc 80 THE USA JOURNALS THE AMERICAN JOURNAL OF POLITICAL SCIENCE LAW AND CRIMINOLOGY (ISSN- 2693-0803) VOLUME 06 ISSUE01 drunken state) of the Criminal Code of 1959 particular, article 13 of the Criminal Code does not criminal liability was provided for relevant acts [3], cover the issue of the operation of reference and but in the Criminal Code of 1994 such criminal blank criminal law norms. For example, in crimes compositions were not reflected, that is, they were such as murder in order to conceal another crime completely decriminalized. or facilitate its commission (paragraph "o", part 2, Article 97), involvement of a minor in a crime (part Persons convicted before April 1, 1995 under the 3, Article 127), acquisition or sale of property Criminal Code of the Republic of Uzbekistan dated obtained by criminal means (Article 171), failure to May 21, 1959 for acts that, according to the report a crime or conceal it (article 241), Criminal Code of the Republic of Uzbekistan dated intentional concealment of a crime from September 22, 1994, were not recognized as accounting (Article 2411), legalization of proceeds criminal have been released from all types of from criminal activity (article 243) there is a punishment (main and additional), the reference to "another crime", "crime", "criminal proceedings of the bodies of inquiry, preliminary means", "criminal activity" and they are investigation and courts on acts that were not interrelated, and the criminal law assessment recognized as criminal under the Criminal Code of given by the legislator or law enforcement officer the Republic of Uzbekistan dated September 22, to the first affects the second. That's when the 1994 have been terminated[4]. question arises about the retroactive effect of the In addition, full decriminalization can also be criminal law when changing the signs of the crime carried out by abolishing the criminal law norm, where the reference is made. For example, criminal this is indicated in the law. For example, by the law law may be applied retroactively or not of the Republic of Uzbekistan “On amendments and retroactively when the composition of crime which additions, as well as the invalidation of certain is unreported or concealed is decriminalized. In legislative acts of the Republic of Uzbekistan”, our opinion, in the above cases, the provisions of dated 12/15/2000, No. 175-II the composition of criminal law on retroactive force should also be crime of “Deception of buyers or customers” applied, since, because of a change in the sign of an (article 187) was excluded [5]. This Law also interconnected composition of crime, the condition excludes the offense “Deceiving a buyer or of the person who committed the crime improves. customer” (article 165) from the Code of the Another case, for example, from the content of the Republic of Uzbekistan on Administrative principle of legality (article 4) we can understand responsibility[5]. In addition, by the Law of the that the criminality, punishability of an act and Republic of Uzbekistan, dated 05.11.2019.