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THE NECESSITY OF ESTABLISHING RESPONSIBILITY FOR
RESISTING A PERSON PERFORMING THE DUTIES OF A
GOVERNMENT REPRESENTATIVE OR CIVIL OBLIGATION
Utkir Khalikov
Independent researcher at the Supreme School of Judges under the Supreme
Council of Judges of the Republic of Uzbekistan
https://doi.org/10.5281/zenodo.13884026
Keywords:
Representative of authority, person fulfilling civic duty, resistance, social
danger, intent, criminal personality, punishment.
In the context of the wide-ranging reforms being implemented in our
country, special attention is being paid to ensuring the peaceful and tranquil life
of the population, as well as fostering a culture of law obedience and public
safety in our society.
As our President emphasized, "Strengthening order and responsibility, as
well as enhancing the environment for preventing crime, is the main factor in
the effectiveness of crime prevention. Offenses do not occur spontaneously. The
main issue is not to fight against the consequences of offenses, but to prevent
them in advance by timely addressing the causes and conditions that allow them
to happen." 1 Indeed, it is worth noting that preventing crime is more effective
than combating it, and studying and analyzing the social causes behind each
crime is of great importance. Answering the crucial question of who commits a
specific crime and why is one of the first steps in preventing that crime. "We
need to reach the roots of each crime and foster an immunity against crime in
society. Otherwise, we will just be busy dealing with the consequences of crime.
I will not allow a working atmosphere like that," stated President Sh.
Mirziyoyev.2
The researcher O. Kravtsova, who studied the social danger of resisting a
representative of authority or a person fulfilling a civic duty, states, "One of the
essential conditions for the existence of any statehood is the organization of
governance by state authority, particularly its representatives."3
P. Feferov acknowledged that the main factor for imposing criminal-legal
sanctions for an act must primarily be its social danger. Furthermore, the author
emphasizes that the social danger of a crime manifests its social significance, and
this quality should be taken into account by the legislative div of the state.
1 On November 15, 2017, a video selector meeting was held under the
chairmanship of the President of the Republic of Uzbekistan, Shavkat
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Mirziyoyev, dedicated to the implementation of tasks set for the prevention of
offenses and the fight against crime in our country, as well as issues related to
existing
problems
and
their
solutions.
[Source](https://
president.uz/uz/lists/view/1232)
2 Report of the video selector meeting chaired by the President of the Republic
of Uzbekistan, Shavkat Mirziyoyev, on July 27, 2018, dedicated to issues of crime
prevention and enhancing the responsibility of state bodies and society in this
regard. [Source](https://president.uz/uz/lists/view/1914)
3 Kravtsova O.V., Blinova-Sychkar I.V., Dmitrienko S.A. The representative of
the authorities as a victim of a crime // Young Scientist. 2014, No. 2. P. 584
It is necessary to identify the signs of illegality regarding the social danger of
resisting a representative of authority or a person fulfilling a civic duty, that is,
to determine what actions or inactions constitute this resistance.4
"Сhowing resistance not only has a psychological impact on this individual but
also on other members of society, resulting in the formation of a spirit of
disrespect towards the existing rules in society by others."
Professor K. Abulkosimov defines "social security" as "the state of being
protected from threats to the vital interests, rights, and freedoms of individuals,
social groups, and communities, as part of national security, where the state's
social policy plays a crucial role in ensuring it."5 One can agree with the author's
perspective on this matter. Indeed, social security is the condition of being
safeguarded from threats to an individual's interests, rights, and freedoms.
In turn, the question of what the concept of "social danger" is and how it is
defined in science is natural. Professor M. Rustambaev stated that "social danger
refers to actions that are classified as crimes based on their objective
characteristics, which cause harm to criminal law objects or pose a real threat of
harm."6
Similarly, Professor A. Naumov has also put forward a theory, stating that "social
danger is an act aimed at causing sufficient harm to objects (interests) protected
by criminal legislation."
In this regard, it is appropriate to agree with the opinions of scholars that the
concept of social danger inherently includes the characteristic of having a direct
negative impact on the interests of individuals, society, and the state. This idea is
particularly expressed by Professor A. Martsev, who recognized social danger as
the quality of specific or all crimes that negatively affect the vital interests of
individuals, society, and the state.7
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Researchers A. Gorbuza and E. Sukhareva have expressed the opinion that the
social danger of a crime has no relation to the natural-social characteristics of
the act and is only manifested as the quality of the crime. Without agreeing with
the views of the aforementioned authors, it must be stated that the social danger
of a crime is manifested not only in its qualitative indicators but also in its
quantitative description, as well as in the degree of severity and lightness.8
Y. Pudovochkin has also noted the following regarding this matter: the social
danger of an act causes harm to social relations regulated by criminal law or
creates a risk of causing harm. The author adds that these acts negatively affect
the
4 Fefelev P.A. Criteria for establishing criminal punishability of actions //
Soviet State and Law. 1970, No. 11. P. 101.
5 X. Abulkasimov Some issues of ensuring social security in Uzbekistan.
Economics and Finance / Ekonomika va moliya 2019, 2(122)
6 M.Kh. Rumtambaev. Comments on the Criminal Code of the Republic of
Uzbekistan. General Part. 1. Tashkent. "Yuridik Adabiyotlar publish". 2021. P. 88.
7 A.I. Martsev. General Issues of the Doctrine of Crime. Omsk, 2000.
8 Epifanova E.V. Social Danger as a Scientific Category, Legislative Definition:
History and Modernity: Monograph. Moscow, 2017. P. 17.
stability of society and the interests of its members.9 Indeed, the essence of this
idea is that a criminal act negatively impacts not only society and individuals
who are its members but also social stability itself. This theory is supported by
Russian scholar Professor A. Martsev, who has stated that one of the main
factors for a certain act being defined as a crime by legislative state bodies is its
social danger.10
The analysis shows that the crime of resisting a representative of authority or
a person fulfilling their civic duty poses a social danger not only to one
individual but also to the rights and interests of other members of society.
Therefore, when analyzing the social danger of this crime, it is essential to
consider its object, the form of guilt, the prevalence of the crime, and the identity
of the offender. These criteria allow for the determination of the social danger of
any crime, including the crime of resisting a representative of authority or a
person fulfilling their civic duty. In cases where the crime specified in Article
219 of the Criminal Code is committed, that is, when there is resistance to a
representative of authority or a person fulfilling their civic duty, the object of the
crime is manifested in the activities of state authorities and in relations aimed at
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ensuring the inviolability of a person fulfilling their civic duty as established by
the Constitution and other laws.
Another important aspect of the social danger of resisting a representative
of authority or a person fulfilling their civic duty is that these crimes are
committed intentionally. In cases of resistance, the individual is aware of the
dangerous nature of their actions and commits them purposefully. The person
engages in targeted actions when resisting. In this regard, criminal law doctrine
emphasizes that the social danger level of intentionally committed crimes is
high.
According to scholars in the field of criminal law, M. Usmonaliev and P.
Bakunov, understanding the social dangerous nature of an act involves
comprehending its true essence and social significance. This understanding
encompasses recognizing that an object protected by law is being violated, as
well as the content of the action or inaction being carried out, including the time,
place, method, and circumstances of the crime. When a person commits a crime,
it indicates that they are aware of all these circumstances in their guilty mind
and have a prior understanding of the social danger of their actions. The
knowledge, experience, and awareness of the social significance of one’s actions
are abilities inherent to every individual.11
Another criterion for determining the social danger of the crime of resisting a
representative of authority or a person fulfilling their civic duty is the motive
and purpose behind the individual's resistance. It is known that the motive for a
crime is a facultative characteristic of the subjective side of the crime and is
typically present in most intentionally committed crimes.
9 Pudovochkin Yu.E. Doctrine of Crime: Selected Lectures. 2nd ed., revised and
supplemented. Moscow, 2010. P. 22.
10 Criminal Law of the Russian Federation. Special Part: Textbook / edited by
A.I. Martsev. Omsk, 2000. P. 71.
11 M. Usmonaliyev, P. Bakunov. Criminal Law. General Part. Tashkent:
"Nasaf Publishing", 2010. p. 202.
The motive can be considered as a circumstance that either mitigates or
aggravates responsibility during sentencing.
Taking into account the social-legal direction of motives, Doctor of
Philosophy in legal sciences Kh. Ochilov classifies them as follows:
1. Low motives (vandalism, personal interest, revenge, and jealousy). In
many cases, these are considered aggravating circumstances.
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2. Motives that are not of low character (envy arising from the victim's wrongful
actions, resentment, emotional stress).
3. Positive motives: altruism, kindness. These do not exclude criminal liability
but can mitigate punishment.12
From the perspective of these classified motives by the author, the crime of
resisting a representative of authority or a person fulfilling their civic duty can
be committed with both low motives and motives that are not of low character.
Actions that fall under the category of low motives, such as resisting for the sake
of vandalism or personal interest, can often be encountered in practice.
The classification of resistance crimes based on motives that are not of low
character (envy arising from the victim's wrongful actions, resentment,
emotional stress) is also observed in practice. During the analysis of court
rulings, it can be seen that the crime of resisting a person fulfilling their civic
duty may occur in some cases as a result of mutual envy or resentment.
Moreover, it can be observed during the analysis of judicial practice that in most
cases, the person resisting acts with a specific purpose in mind. In many cases,
the individual's goal in resisting is to conceal another unlawful act or to ensure
that the representative of authority or the person fulfilling their civic duty does
not obstruct such actions.
Our analysis shows that criminal acts related to resistance involve not only
intent but also motives and purposes in most cases.
One of the next criteria for determining the social danger of a crime is the high
level of its growth potential, meaning the degree of spread of the crime and the
personality of the person committing it. The study and analysis of the criminal's
personality reveal one of the reasons for committing a specific crime.
In the field of criminal law, distinguished scholars have conducted scientific
research on studying the criminal's personality and published a number of
scientific works. Specifically, “Studying the criminal personality is a fundamental
source for identifying general criminogenic factors based on summarizing the
reasons and characteristics of an individual criminal behavior, understanding
the state, structure, dynamics of crime, changes in the composition of offenders,
and other related issues.”13 This view is supported by Professor Y. Karaketov
and Professor M. Usmonaliev.
12 K.R. Ochilov. The Role and Importance of Motive and Purpose in the
Qualification of Criminal Composition. Eurasian Journal of Academic Research,
online journal. 2022. P. 658.
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13 Y. Karaketov, M. Usmonaliev. Criminological Measures Against Crime.
Tashkent, "Uzbekistan", 1995. P. 82-83.
Professor A. Eminov stated, “The personality of a crime is the carrier of the
causes for its commission; this very person is a key and essential link in the
mechanism of criminal actions."14
In agreement with the opinions of the aforementioned scholars, it should be
emphasized that when analyzing the prevention of crime, the personality of the
criminal, their social life, and lifestyle are considered highly significant in
committing specific types of crimes.
The social danger of an act is also directly influenced by the criminal's
personality. Therefore, when determining the social danger of the crime of
resisting an authority figure or a person fulfilling their civic duty, it is necessary
to take into account the gender, age, education, family status, occupation, social
connections, and criminal record of the person accused of committing this crime.
According to a survey conducted among representatives of the field and an
analysis of criminal case documents, it was found that crimes related to resisting
an authority figure or a person fulfilling their civic duty were committed by men
in 90% of cases on average, while the remaining 10% were committed by
women.
In Uzbekistan, extensive work is being carried out to liberalize criminal
legislation and fully adhere to humanitarian principles in sentencing. The
doctrine of criminal law emphasizes that the purpose of sentencing is to guide
individuals through these legal measures. In this regard, the principles of the
Criminal Code of the Republic of Uzbekistan, particularly the principle of
humanity, also establishes a clear framework for specific situations.
However, an analysis of judicial practice shows that in many cases, the crime of
resisting an authority figure or a person fulfilling their civic duty is committed
by individuals who have previously committed crimes. Researcher I.
Suleymanova emphasizes that the use of violence against an authority figure is a
primary cause of the crime, which manifests in the personal social-psychological
profile of the criminal. The formation of negative motives influencing the
commission of the crime arises from the following social-ideological, socio-
economic, and legal conditions, namely:
- The artificial latency of the violence crime committed against an authority
figure;
- The lack of conditions for social adaptation for individuals coming from
correctional facilities;
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- The existence of illegal arms trafficking in the country and the open display of
violence in the media;
- Insufficient upbringing in the family and low levels of legal education.15
In agreement with the author's view, it is particularly appropriate to emphasize
the importance of family and legal education in the formation of an individual as
a person.
14 V.E. Eminov, Yu.M. Antonyan. The Personality of the Criminal and Its
Formation. Journal "Current Problems of Russian Law". 2015. No. 1. P. 107.
15 Suleymanova Inna Evgenyevna. Violent Crimes Against Representatives of
Authority in the Sphere of Management: Criminal Law and Criminological Study.
Dissertation for the Degree of Candidate of Legal Sciences. Ufa. 2015. P. 182.
In conclusion, it can be stated that the scientific perspectives and analytical
approaches mentioned above, particularly regarding the object of criminal
aggression, the intentional nature of the offense, the prevalence of the act, the
growth dynamics of crime, and the personality of the criminal, highlight the
social necessity of establishing criminal liability for resisting an authority figure
or a person fulfilling their civic duty within existing criminal legislation.
The commission of criminal aggression against the social relations governing the
normal functioning of state authority and management bodies, as well as public
organizations, can harm the state structure and lead to a loss of trust in the
government among the population.
References:
1. Report of the videoconference meeting chaired by the President of the
Republic of Uzbekistan, Shavkat Mirziyoyev, on November 15, 2017, regarding
the implementation of tasks set for the prevention of offenses and the fight
against crime, as well as existing problems and their solutions.
[Link](https://president.uz/uz/lists/view/1232)
2. Report of the videoconference meeting chaired by the President of the
Republic of Uzbekistan, Shavkat Mirziyoyev, on July 27, 2018, dedicated to
issues related to crime prevention and increasing the responsibility of state
agencies
and
society
in
this
regard.
[Link](https://president.uz/uz/lists/view/1914)
1.
3. M.H. Rumtambaev. Comments on the Criminal Code of the Republic of
Uzbekistan. General Part. 1. Tashkent: "Yuridik Adabiyotlar publish", 2021. P. 88.
4. M. Usmonaliev, P. Bakunov. Criminal Law. General Part. "Nasaf Publishing",
2010. P. 202.
5. Y. Karaketov, M. Usmonaliev. Criminological Measures Against Crime.
Tashkent: "Uzbekistan", 1995. P. 82-83.
SCIENCE AND INNOVATION IN THE
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6. K. Abulkasimov. Some Issues of Ensuring Social Security in Uzbekistan.
Economics and Finance / Экономика и финансы, 2019, 2 (122).
7. Kravtsova O.V., Blinova-Sychkar I.V., Dmitriyenko S.A. The Representative of
Authority as a Victim of Crime // Young Scientist, 2014, No. 2. P. 584.
8. Fefelev P.A. Criteria for Establishing Criminal Punishability of Actions //
Soviet State and Law, 1970, No. 11. P. 101.
9. A.I. Martsev. General Issues of the Doctrine of Crime. Omsk, 2000.
10. Epifanova E.V. Public Danger as a Scientific Category, Legislative Definition:
History and Modernity: Monograph. Moscow, 2017. P. 17.
11. Pudovochkin Y.E. The Doctrine of Crime: Selected Lectures. 2nd ed., revised
and supplemented. Moscow, 2010. P. 22.
12. Criminal Law of the Russian Federation: Special Part: Textbook / Edited by
A.I. Martsev. Omsk, 2000. P. 71.
13. K.R. Ochilov. The Role and Importance of Motive and Purpose in the
Qualification of Criminal Composition. Eurasian Journal of Academic Research,
online journal, 2022. P. 658.
14. V.E. Eminov, Yu.M. Antonyan. The Personality of the Criminal and Its
Formation. Journal "Current Problems of Russian Law", 2015, No. 1. P. 107.
