Legal measures applied for crimes and administrative offences

Аннотация

This article provides a comparative - legal ACCEPTED 12 March 2025 analysis of measures of legal impact for crimes and PUBLISHED 08 April 2025 VOLUME Vol.07 Issue03 2025 administrative offences. In particular, it shows the similarity and difference of measures of legal impact in CITATION the form of deprivation of a certain (special) right applied for violation of traffic safety rules, provided by Nazarov Mukhamatali Azimovich. (2025). Legal measures applied for crimes and administrative offences. The American Journal of Political the Criminal Code and the Code of Administrative Science Law and Criminology, 7(04), 7–9. Responsibility of the Republic of Uzbekistan, points out https://doi.org/10.37547/tajpslc/Volume07Issue04-02 the existing contradictions and gaps in the legislation, in this regard, proposals for their elimination are given. COPYRIGHT © 2025 Original content from this work may be used under the terms of the creative commons attributes 4.0 License. Keywords: Measures of legal impact, Criminal Code, Code of Administrative Responsibility, crime, administrative offence, punishment, administrative penalty, fine, deprivation of a certain right, deprivation of a special right, deprivation of the right to drive a vehicle. Introduction: Strengthening of the economy of our state, growth of material well-being of citizens is directly related to the development of the automobile industry, increase of motor transport. Therefore, special attention is paid to road safety issues. President of the Republic of Uzbekistan Sh. Mirziyoyev at a conference call on 20 October 2023 once again drew attention of responsible persons to the need to take appropriate measures on these issues, pointing out that only recently 4200 people, mostly young people, have died as a result of road accidents. One of the methods of ensuring road safety is strict observance of the principle of inevitability of responsibility for committing crimes and offences related to the violation of traffic rules. According to the article 20 of the Constitution of the Rupublic of Uzbekistan, the measures of legal impact on the individual applied by State bodies must be based on the principle of proportionality and must be sufficient to The American Journal of Political Science Law and Criminology 7 https://www.theamericanjournals.com/index.php/tajpslc The American Journal of Political Science Law and Criminology achieve the objectives set out in the law. part of the Criminal Code, but not less than one year and not more than five years. As an additional punishment Under current legislation, liability for violations of deprivation of a certain right can be appointed by court traffic safety rules or the operation of vehicles is irrespective of whether it is specified in the sanction of established, depending on the severity of the socially the article, for the term from one year up to three years. dangerous consequences, by the relevant articles of the Criminal Code and the Code of Administrative Deprivation of a certain right as a basic punishment is Responsibility of the Republic of Uzbekistan. not interchangeable, i.e. the law does not provide for its replacement by another, stricter type of basic The most frequently applied measure of legal action punishment in the case of evasion from serving the for violations of traffic safety rules or the operation of sentence. At the same time, being a stricter type of vehicles is the penalty of deprivation of a certain right punishment in relation to a fine, it may be replaced by a under article 45 of the Criminal Code and the fine by the court on the basis of article 57 of the Criminal administrative penalty of deprivation of a special right Code. According to Article 33 of the Code on under article 28 of the Code of Administrative Administrative Responsibility, an administrative penalty Responsibility of the Republic of Uzbekistan. in the form of deprivation of a special right may be The analysis of these measures of legal impact for imposed below the lowest limit established by the committing identical offences provided for by various sanction of the article or instead of this type of legal acts shows the presence of common features and administrative penalty to apply another, more lenient properties, although there are certain differences. penalty, which this article does not provide for. The application of punishment in the form of A person sentenced to deprivation of the right to drive deprivation of a certain right and administrative a motor vehicle as an additional penalty may be penalty in the form of deprivation of a special right is released on parole from serving his sentence under mainly aimed at preventing the continuation of article 74 of the Criminal Code and article 164, unlawful actions related to driving a vehicle and paragraph 4, of the Penal Enforcement Code. The law preventing the perpetrator from committing new does not provide for conditional early release from offences. serving the s