POLICE OFFICER’S DEMAND: CONCEPT AND SIGNIFICANCE

Аннотация

This article examines the legal aspects of recognizing individuals who disobey police officers' lawful demands as subjects of administrative offenses. It highlights the various legal elements required for a person to be considered an offender, focusing on their responsibility to comply with the law. The paper further discusses the psychological, situational, and legal factors influencing a person’s decision to disobey, including the conditions under which such disobedience can be penalized. By analyzing the legislative framework and judicial interpretations, the article aims to provide a comprehensive understanding of the subjectivity and legal consequences of failing to obey police orders. Keywords: Disobedience, Police officer's demand, Legal subject of an offense, Administrative offense, Law enforcement, Legal responsibility According to the legislation of the Republic of Uzbekistan, failure to comply with the legal demands of an internal affairs officer (police officer) is subject to liability under Article 194 of the Administrative Liability Code of the Republic of Uzbekistan. The person who commits the violation may be subject to a fine or administrative detention. The subject of the violation is the person who fails to comply with the legal demands. A person who has reached the age of liability, is of sound mind, and is a natural person can be the subject of this violation. The following points will be examined in detail. Age of Liability: The age of the person committing the administrative violation is important when determining liability. According to Article 14 of the Administrative Liability Code of the Republic of Uzbekistan, the age at which a person can be held liable for failing to comply with the legal demands of an internal affairs officer starts at 16 years old. It is important to note that a person of this age is still considered a minor. Administrative violations committed by 138 ACADEMIC RESEARCH IN MODERN SCIENCE International scientific-online conference minors are considered by the regional commissions on children’s affairs, while cases related to failure to comply with the legal demands of an internal affairs officer are reviewed by criminal courts. Mental Competence: The issue of mental competence is closely linked to both legal and forensic psychiatry. In legal literature, this concept is defined in various ways. For example, R. Kabulov and M. Usmonaliyev define mental competence as “a person’s ability to understand the social danger of their actions and control their behavior when committing an offense,” while A.K. Irkahodjaev and U.Sh. Kholikulov emphasize that a person who understands their socially dangerous actions or inactions and can control their behavior is considered mentally competent. These definitions show a similar understanding, where mental competence refers to a person’s ability to consciously recognize the socially dangerous nature of their actions at the time of committing the offense and to control those actions. Being a Natural Person: Another important criterion for identifying the subject of the offense of failing to comply with the legal demands of an internal affairs officer is that the person must be a natural person. According to Article 16 of the Civil Code of the Republic of Uzbekistan, a natural person refers to the citizens of Uzbekistan, foreign nationals, and stateless persons. It is also essential to consider the individual's psychological state at the time of committing the offense when determining their liability as an offender. This is because the individual may be experiencing stress or a legitimate feeling of dissatisfaction with the authorities or other circumstances. Therefore, it is necessary to account for these factors and investigate the underlying causes of such states.