ОСОБЕННОСТИ ПРЕСТУПЛЕНИЯ ПОХИЩЕНИЯ ЛЮДЕЙ, ОТЛИЧАЮЩИЕСЯ ОТ ДРУГИХ ПРЕСТУПЛЕНИЙ АНАЛОГИЧНОГО СОСТАВА

Аннотация

Crimes against the freedom of a person differ from each other mainly according to the signs of the objective side of the act. Unlawful deprivation of liberty by force is related to the composition of the crime of kidnapping as a competition of norms. Investigation and judicial practice show that in seven out of ten cases, there is a problem in classifying crimes related to illegal deprivation of liberty and kidnapping, and distinguishing them from each other. Keywords: kidnapping, victim, unlawful deprivation of liberty, human trafficking, social danger, hostage, criminal code, extortion. ОСОБЕННОСТИ ПРЕСТУПЛЕНИЯ ПОХИЩЕНИЯ ЛЮДЕЙ, ОТЛИЧАЮЩИЕСЯ ОТ ДРУГИХ ПРЕСТУПЛЕНИЙ АНАЛОГИЧНОГО СОСТАВА Аннотация. Преступления против свободы личности отличаются друг от друга в основном по признакам объективной стороны деяния. Незаконное лишение свободы с применением насилия относится к составу преступления похищения человека как конкуренция норм. Следствие и судебная практика показывают, что в семи случаях из десяти существует проблема квалификации преступлений, связанных с незаконным лишением свободы и похищением человека, и их отграничения друг от друга. Ключевые слова: похищение человека, потерпевший, незаконное лишение свободы, торговля людьми, общественная опасность, заложник, Уголовный кодекс, вымогательство. Kidnapping (Article 137 of the Criminal Code of Uzbekistan) is defined by the fact that there are no signs of taking a person as a hostage (that is, by a vague sign). Kidnapping is always a complex act of capturing the victim, moving him from one place to another and keeping him there. Unlawful deprivation of liberty with the use of force consists only in detaining a person against his will and thus restricting his freedom of movement and choice of place of stay. Kidnapping is always done by active means. Unlawful deprivation of liberty by force can also be carried out by inaction. Immobility can be expressed in not giving a person who is unable to move independently a wheelchair or keeping the victim in a room previously closed with his consent, as well as in refusing to perform efforts to free him. Kidnapping is characterized by the secret nature of the place where he is later held. The "hiddenness" of this place has no significance in the illegal deprivation of liberty by force. Any space, room (in most cases, permanent or temporary residence of the victim or perpetrator, workplace, etc.) can be a place of detention of the victim. Therefore, in case of illegal deprivation of liberty by force, a person is deprived of liberty by force and the place of detention is not 6 53 International scientifijournal ISSN: 2181-3906 «MODERN SCIENCE АND RESEARCH» 2024 VOLUME 3 / ISSUE 5 / UIF:8.2 / MODERNSCIENCE.UZ revealed. His next-of-kin compensation claim, if it were to be filed, would be kept secret from other citizens, especially law enforcement. The difference between the crimes of unlawful deprivation of liberty by force and kidnapping is determined by the age of the person who is considered their subject - 16 years and 14 years, respectively. The difference between the norms of responsibility for illegal deprivation of liberty by force and kidnapping is also reflected in the punishments applied to the persons who committed them. Kidnapping and human trafficking have some characteristics in common. These are taking a person captive and separating him from the microenvironment he is used to. However, in case of kidnapping, imposing certain requirements on the victim or his relatives, the fulfillment of which is considered an indispensable condition for the release of the kidnapped person, is a necessary stage of this crime. In human trafficking, the victim essentially becomes the subject of a civil-legal contract, is handed over to the buyer without any conditions (except payment of fees) and for an indefinite period. Kidnapping and human trafficking are both done for profit. As a general rule, this is a benefit for the kidnapper and trafficker, both tangible and intangible (for example, for use). Thus, the crimes of kidnapping and human trafficking differ from each other according to the signs of the objective party, as well as according to the motives and goals that determine the actions of the subjects. These actions differ according to the consequences for the victim and the goals of the perpetrator. One of the participants in the transaction - the seller - takes the victim into custody, and disposes of the "object" of the transaction. The buyer only receives the "goods" and does not take the initial steps to take them into custody. According to the level of social danger, taking a person as a hostage is equated to kidnapping. The main components of these crimes are included by the legislator in the range of serious crimes, and the components committed in cases of aggravating punishment (the second part of Article 137 and the second part of Article 245 of the Criminal Code) are included in the range of extremely seri