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SANCTIONS TO PREVENT CORRUPTION
Kxojiyeva Ruzigul Xudayberdiyevna
e-mail: kxojiyeva@bk.ru
https://doi.org/10.5281/zenodo.14737049
Annotation.
this article analyzes existing problems in criminal law theory
and practice of punishment for corruption crimes, as well as foreign experience.
in this regard,
the jud the judicial practice has been thoroughly analyzedhas
been thoroughly analyzed
Key words:
large-scale reforms, corruption, legal measures, legal influence,
powerful measures, specific crime, manifestations of corruption
Today, large-scale reforms are being carried out to prevent corruption-
related crimes. In particular, systematic measures are being taken to improve
the legal awareness and legal culture of the population, and to form an intolerant
attitude towards corruption in society. Undoubtedly, these reforms are bearing
fruit. In particular, in the Rule of Law Index of the World Justice Project
"Freedom from Corruption" in 2019, Uzbekistan took 95th place with 0.38
points, and in 2020 it took 89th place among 128 countries with 0.40 points and
rose to 6th place. the result of systemic reforms [1]. At the same time, legal
measures to prevent corruption crimes have a positive impact, and legal actions
to prevent corruption crimes mean the prevention and commission of socially
dangerous acts (actions or inactions) recognized as offenses or crimes
containing signs of corruption. - education of the individual and awakening of
remorse for a socially dangerous act (action or inaction), recognized as an
offense or a crime committed, is a means of influence aimed at compensating for
material or non-material damage caused to the state and society. Such measures
of influence are divided into separate types depending on the type, volume and
content of a socially dangerous act (action or inaction), recognized as an offense
or a crime that has been committed or may be committed: Socio-political impact
measures related to state reforms; Disciplinary measures; Measures of
administrative and legal influence; Criminological and preventive measures;
Criminal law measures such as criminal justice measures are the most powerful
measures to prevent corruption offences.
At the same time, criminal law measures can be divided into several types,
namely: Measure of responsibility for a specific act; A measure of appropriate
punishment for persons who have committed a specific crime; Other measures
of coercion are applied to persons who have committed a specific crime.
Measures of a criminal law nature can be seen in the section on disposition and
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sanctions of the norms of the Criminal Code of the Russian Federation, where
the disposition provides for responsibility, and the sanction provides for
punishment and other measures of influence. First of all, in relation to the
measure of responsibility for a specific act, according to Article 16 of the
Criminal Code of the Russian Federation, criminal liability is the legal
consequence of a crime for which the court passes a guilty verdict, imposes a
punishment or other measure prescribed by law. guilty of a crime [2]. At the
same time, the commission of an act that has all the signs of a crime under the
Criminal Code of the Russian Federation is the basis for bringing to
responsibility.
There are a number of concepts related to the concept of criminal liability,
in particular, according to M. Usmonaliev, criminal liability is a criminal
relationship between a person and the state for committing an act prohibited by
the Criminal Code [3]. According to M. Rustambaev, criminal liability is a form of
legal liability, which is determined by criminal law and applied by the court to a
person guilty of a crime [4]. According to article 42 of the Criminal Code of the
Russian Federation, a measure of coercion is applied to the conviction of a
person for a crime, imposed on behalf of the state by depriving or restricting
certain rights and freedoms provided for by law. The law provides for basic and
additional punishments, and B.M. According to Leontiev, the main punishment is
a punishment applied only to oneself, supplementing or not supplementing
other punishments, and to achieve the main goal of punishment, and additional
punishment is a punishment that has an auxiliary value for achieving the goal.
this punishment [5]. Although responsibility and punishment are separate
concepts, it is necessary to bring the perpetrator to justice and impose
punishment only on the person who committed the act, if the specific act
contains signs of a crime and the act is recognized as a crime.
We can also see that in some foreign countries administrative liability has been
established for less significant manifestations of corruption. In particular, under
the legislation of Kazakhstan, it is not a crime for an official to accept or donate
as a gift property, property rights or other property interests in an amount not
exceeding two monthly calculation indices, without prior consent to commit an
action (inaction) within his competence, is the basis for bringing to
administrative or disciplinary responsibility. Based on the above analysis, it can
be concluded that the listed criminal sanctions are an important tool for an
uncompromising fight against corruption, and these sanctions should be
improved taking into account the experience of developed countries.
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References:
1. Shamsutdinov B. Responsibility for corruption crimes. Monograph. - T:
TSGUU, 2020.
2. Criminal Code of the Republic of Uzbekistan. https://lex.uz/acts/111453
3. Usmonaliev M. Criminal law. Textbook. General section. – T: “Yangi asr avlodi”,
2020.
4. Rustam M. Criminal law. Textbook. General section. - T .: ILM ZIYO, 2006.
5. Leontiev B.M. Is the criminal legislation of Russia fully codified. Article
https://istina.msu.ru/publications/article/3662511/
6. Criminal Code of Switzerland.https://business-swiss.ch/zakonodatel-
stvoshvejtsarii/ugolovnoe-pravo/ugolovny-j-kodeks-shvejtsarii/
