The objective aspect of illegally exiting or entering the republic of Uzbekistan

Аннотация

This article provides a comprehensive analysis SUBMITED 28 February 2025 of the objective aspect of illegally exiting or entering the ACCEPTED 29 March 2025 PUBLISHED 30 April 2025 Republic of Uzbekistan. It examines the legal VOLUME Vol.07 Issue04 2025 requirements for leaving or entering the country and the consequences of non-compliance. The conditions CITATION under which such acts are considered criminally Qodirov Otabek. (2025). The objective aspect of illegally exiting or entering complete are also discussed. the republic of Uzbekistan. The American Journal of Political Science Law and Criminology, 7(04), 64–67. https://doi.org/10.37547/tajpslc/Volume07Issue04-12 Keywords: Exiting the country, entering the Republic of Uzbekistan, border crossing, violation of established COPYRIGHT procedures, state border, illegal crossing, objective © 2025 Original content from this work may be used under the terms aspect of a crime, place of commission. of the creative commons attributes 4.0 License. Introduction: Nowadays, the large-scale tasks of modernizing the entire system of political, economic, and legal relations, developing civil society, and protecting human rights and freedoms are directly linked to the democratization of the judicial and legal system. Over the past years, a fundamentally new concept for developing the judicial and legal system—a key component in building a democratic rule-of-law state— has been implemented in our country. As President Shavkat Mirziyoyev noted, “It should be particularly emphasized that improving criminal policy by further liberalizing criminal and criminal procedural legislation and aligning it with the principles of humanism has become a top priority.” In this context, scientifically analyzing existing norms of criminal law and proposing solutions to problems associated with their application in practice is of great importance in liberalizing criminal law and ensuring fair punishment for offenders. According to Article 223 of the Criminal Code of the Republic of Uzbekistan, the objective aspect of this crime consists of actions such as exiting the country or entering the Republic of Uzbekistan in violation of the established procedure or illegally crossing the border. The American Journal of Political Science Law and Criminology 64 https://www.theamericanjournals.com/index.php/tajpslc The American Journal of Political Science Law and Criminology From an objective standpoint, this crime is manifested Republic of Uzbekistan, with the appropriate through any of the following actions: entering the documents being processed and presented. If a person Republic of Uzbekistan in violation of the established crosses at a location not established by law, without the procedure; exiting the Republic of Uzbekistan in necessary permits or documents, and without violation of the established procedure; or crossing the presenting them, this is considered an illegal border border of the Republic of Uzbekistan in violation of the crossing [8]. established procedure [1]. Other sources also state According to the Plenum of the Supreme Court of the that "the objective aspect of the crime is expressed in Republic of Uzbekistan in its Resolution dated exiting the country or entering the Republic of November 25, 2011, “On Judicial Practice in Cases Uzbekistan in violation of the legally established Related to Violations of the Procedure for Crossing the procedure" [2]. According to R.A. Zufarov, the State Border of the Republic of Uzbekistan”: “Illegal exit objective aspect of this crime involves illegally crossing from or illegal entry into the Republic of Uzbekistan the state border—entering Uzbekistan without proper includes cases where a person crosses the State border authorization, with fake documents, or through of the Republic of Uzbekistan through official unauthorized locations [3]. checkpoints but without the required documents or G.A. Abdumajidov also emphasizes that "if someone without appropriate permission issued by authorized leaves the country, enters the national territory, or government bodies. Illegal border crossing also includes crosses the border without a valid passport or without any crossing of the State border outside of the the permission of the relevant authorities, or in designated checkpoints, regardless of whether the violation of the prescribed procedure (e.g., entering person possesses valid documents or permission” [9]. from an unauthorized point), such acts are considered It is thus evident that the objective aspect of the crime illegal. This crime can also be committed using forged of illegally exiting or entering the Republic of Uzbekistan documents belonging to another person or through is expressed through the term “border crossing.” Illegal other forms of deception (e.g., hiding in a vehicle’s border crossing refers to crossing the state border by luggage compartment while crossing the border). In any means from places other than officially designated s