IMPROVING THE LEGAL FRAMEWORK FOR EXEMPTION FROM PUNISHMENT AND CRIMINAL LIABILITY

Аннотация

This scientific article studies the problems and grounds for exemption from liability and exemption from punishment in criminal law, based on the study of national and foreign legislation, and the scientific works of scientists. Proposals and recommendations for our national legislation are developed. KEYWORDS Criminal liability, imposition of punishment, release from liability, release from punishment, types of release from punishment, conditional release. INTRODUCTION Republic of Uzbekistan Shavkat Mirziyoyev said: In Uzbekistan, special attention is paid to the In Uzbekistan, special attention is paid to the improvement of criminal legislation as a priority of improvement of legal legislation as a priority of reforms to democratize society and modernize the reform in the democratization of society and country. In particular, in his Address to the Oliy Majlis, modernization of countries. In particular, in his the President of the Republic of Uzbekistan Shavkat Message to the Oliy Majlis of the President of the Mirziyoyev said: “We pay special attention to the Volume 02 Issue 04-2022 1 International Journal Of Law And Criminology (ISSN – 2771-2214) VOLUME 02 ISSUE 04 Pages: 01-06 SJIF IMPACT FACTOR (2022: 5. 796) OCLC – 1121105677 METADATA IF – 5.489 Publisher: Oscar Publishing Services Servi exclusion and liberalization of certain crimes, the convicted of a crime, if there are grounds and transformation of criminal penalties from a conditions provided for by criminal law. Chapter XIII humanitarian point of view. To do this, it is necessary of the Criminal Code provides for various types of to adopt and implement the Concept for the impunity. These types of impunity can be conditional Development of Criminal and Criminal Procedure or unconditional. Legislation for 2018-202. Decree of the President of According to Mukimova, impunity is similar to the Republic of Uzbekistan “On measures to radically sentencing by a court. improve the system of criminal and criminal procedure legislation” No. PP-3723 dated May 14, Thus, release from punishment involves the 2018, defines the main directions for improving implementation of criminal liability with full or partial criminal and criminal procedure legislation. One such release of the convicted person from serving the objective is “to expand incentives, including sentence imposed by the court. That is, a person mitigation of punishment or exemption from criminal convicted of a crime and sentenced by the court to a liability or impunity. certain type of punishment is released from punishment or cannot serve the punishment (for It is known that Chapter XIII of the General Part of the example, the convict's illness, disability, expiration of Criminal Code of the Republic of Uzbekistan is the sentence) or expediency. for example, the sincere devoted to “Types of impunity” and includes the repentance of the convict). Exemption from following types of impunity; punishment can be noted as an expression of such a 1) release from punishment in connection with the humanitarian principle as exemption from criminal expiration of the term for the execution of liability. punishment; (Article 69); Exemption from criminal liability is the refusal of law 2) release of a person from punishment in enforcement agencies to prosecute, on behalf of the connection with the loss of a socially dangerous state, a person who subsequently lost his former character (Article 70); social security due to several circumstances provided 3) release the offender from punishment based on for by criminal law. sincere repentance (Article 71); 4) probationary period (Article 72); According to Mukimova, exemption from criminal 5) parole (Article 73); liability in its legal content means the release of a 6) mitigation of punishment to a milder one (Article criminal from all legal consequences of a crime, 74); punishment and limitation of a criminal record, the 7) release from punishment due to illness or refusal of a court to recognize a citizen as a criminal disability (Article 75); on behalf of the state. 8) release from punishment based on an act of amnesty or pardon (Article 76). It can be seen that exemption from criminal liability and exemption from criminal punishment are not the According to Rustamboev, exemption from same concepts. In particular, exemption from criminal punishment is the refusal of the state to impose liability means that a person accused of committing a punishment or execution of punishment on a person Volume 02 Issue 04-2022 2 International Journal Of Law And Criminology (ISSN – 2771-2214) VOLUME 02 ISSUE 04 Pages: 01-06 SJIF IMPACT FACTOR (2022: 5. 796) OCLC – 1121105677 METADATA IF – 5.489 Publisher: Oscar Publishing Services Servi crime is not exempt from criminal liability. Release liability. According to him, the regulatory grounds for from punishment involves the imposition of exemption from criminal liability are divided into punishment on persons convicted of a crime, with