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UDK 004.02:004.5:004.9
Musayev Sh.R.
Fergana training center of the National Guard of the Republic of Uzbekistan
ADMINISTRATIVE RESPONSIBILITY OF SERVICEMEN IN MAINTAINING PUBLIC ORDER (EXPERIENCE OF FOREIGN
COUNTRIES)
Annotation: The problem of committing administrative offenses has been very topical throughout the entire period of human society. It remains the same today. Moreover, this problem does not lose its significance in any formation and system. The truth is, there have always been offenses. They still exist today. In an environment where the stability ofsociety is so relative, the problems of managing social processes using economic and financial methods arise, and the eyes of some Russians involuntarily turn to the army. The army is a political tool; it cannot be outside the political process, which is constantly influencing it directly and indirectly. As long as there is instability in society and there is a risk of territorial disintegration, the army will be a state tool to maintain the integrity of the country. Army and politics are closely intertwined. The responsibility of the military is very important in maintaining public order.
Introduction: The constitutional development of Uzbekistan has been gradual since the independence of our country. In this regard, various reforms have been carried out in the development of society, public administration, including the organization of the civil service. In particular, with the achievement of state independence of the Republic of Uzbekistan, there was a need to establish a civil service aimed at the formation and development of a sovereign democratic state and to determine the legal status of civil servants. At a time when a new statehood is being formed in the Republic of Uzbekistan, the role and place of the civil service in the implementation of state tasks and functions is growing. The purposeful and effective functioning of the state depends to a large extent on the employees of public bodies.
The constitutional development of Uzbekistan has been gradual since the independence of our country. In this regard, various reforms have been carried out in the development of society, public administration, including the organization of the civil service. In particular, with the achievement of state independence of the Republic of Uzbekistan, there was a need to organize the civil service and determine the legal status of civil servants, aimed at the formation and development of a sovereign democratic state. At a time when a new statehood is being formed in the Republic of Uzbekistan, the importance and role of the civil service in the implementation of state tasks and functions is growing. The purposeful and effective functioning of the state depends to a large extent on the
employees of public bodies. According to the laws of the Republic of Uzbekistan, not only citizens, but also officials (civil servants) are liable for administrative misconduct (offenses). The basis of administrative liability of civil servants is the violation of the general mandatory rules established by the legislation of the Republic of Uzbekistan, ie the commission of an administrative offense. In particular, in accordance with Article 15 of the Code of Administrative Responsibility of the Republic of Uzbekistan, officials ensure compliance with the rules and regulations established in the field of public order, protection of state and public order, protection of the environment and public health. they should be held administratively liable for committing administrative offenses related to noncompliance with other rules that fall within their official duties [1]. Also, according to Article 23 of the Code of Administrative Responsibility of the Republic of Uzbekistan, the following administrative penalties may be imposed for the commission of an administrative offense [2]:
1) a fine;
2) seizure of an item that is an instrument of an administrative offense or is directly related to it, subject to payment;
3) confiscation of property that is a tool for committing an administrative offense or is directly related to it;
4) deprivation of a certain person of the special right granted to him (the right to drive a vehicle, the right to hunt);
5) administrative detention.
As a rule, civil servants (officials) are a special subject of administrative responsibility. I think it's up to the military and the National Guard. One of the most important issues today is to maintain public order and fight crime. It is impossible to build a state governed by the rule of law without a proper solution, and it is impossible to establish a market economy. Therefore, this issue is approached by law enforcement agencies, but the issue is so serious that it can not be solved only by relying on government agencies, it must be actively involved in the work of the general public. In this regard, the activities of local self-government bodies are widely used, that is, according to the law, they help the relevant authorities to maintain public order and eradicate crime.
Main part:
Public order is the personal safety of citizens, public safety, the normal functioning of enterprises, institutions, organizations, public organizations, the creation of full conditions for work and leisure of citizens, respect for their honor, dignity and universal values. is a system of social relations that arises and develops in public places on the basis of legal and social norms aimed at doing. Public safety is the state of protection of the individual, society and the state from crime, other illegal actions, the consequences of emergencies, social conflicts, natural disasters, epidemics, epizootics, major disasters, accidents and fires. Maintaining public order, in turn, serves to prevent crime and is a guarantee of effective crime control policy.
We have a legal mechanism for maintaining public order and preventing crime. In particular, the Laws "On Crime Prevention" of 14 May 2014 and "On Internal Affairs Bodies" adopted on 16 September 2016, and the Law "On Further Development of the Republic of Uzbekistan" of 7 February 2017. Presidential Decree "On Action Strategy", adopted on March 14, 2017 "On measures to further improve the system of crime prevention and fight against crime" and February 14, 2018 "On maintaining public order in Tashkent, Presidential decrees "On the introduction of a qualitatively new system of crime prevention and fight against crime" [4]. They directly serve as a legal basis for maintaining public order, first of all, improving the effectiveness of crime prevention and combating crime, joint efforts of law enforcement agencies to detect threats at an early stage, ensuring their joint and quality elimination.
Therefore, the study and prevention of the causes of violations of public order and public safety is one of the most important issues today. One of the biggest steps taken to maintain public order and ensure the safety of citizens was the adoption of the Law "On Crime Prevention" of 14 May 2014. This law, along with the regulation of relations in the field of crime prevention in our country, serves to prevent not only crimes, but also administrative offenses, as well as to instill in citizens a sense of respect for the law.
One of the main tasks of the law is to ensure the protection of the rights, freedoms and legitimate interests of the individual. The law also defines the issues of ensuring cooperation and coordination of the activities of bodies and institutions directly involved in crime prevention and participating in it. In the system of law enforcement agencies, the internal affairs, prosecutor's office, national security, justice, customs and tax authorities are defined as the bodies directly involved in crime prevention. In accordance with the requirements of the law, in order to increase the effectiveness of crime prevention and ensure the interaction of bodies and institutions directly involved in crime prevention, coordination councils for crime prevention will be established under the prosecutor's office. The essence of these councils is to ensure the interaction of law enforcement and public administration in the prevention of crime and delinquency in the country, the use of effective methods of combating it, as well as to involve the general public in this process and use their support. consists of. In particular n, Article 21 of the Law sets an important task for citizens' self-government bodies, such as assisting law enforcement agencies in maintaining public order. Other norms of the law, including Article 24, state that the occurrence of threats and threats to public safety and public order, the interests of citizens is the basis for the implementation of special crime prevention [7]. Now, the main task before us is to ensure the full and strict implementation of the tasks assigned to us by law in cooperation with law enforcement and public administration, as well as public organizations in ensuring public order and safety of citizens. Citizens' solidarity is also important in preventing violations of public
order and public safety. Because any mistake or negligence in this process, giving in to the mood of selfishness can lead to serious consequences.
Foreign experience It is noteworthy that in Germany there is a practice of extensive use of the opportunities of citizens in the prevention of crime and the fight against crime. According to this practice, German citizens who witness any offense, including antisocial behavior, immediately report it to the state authorities by telephone, orally, electronically. Based on the message, prompt preventive measures will be taken and the citizen will be informed about the results.
The implementation of measures aimed at involving the general public in crime prevention is observed in many countries around the world, in particular, in the United Kingdom, the United States, Canada, Germany and Australia. These activities include "Neighborhood watch", "Crimestoppers", "Crimeprevention throughen vironment design (broken window)", Programs such as "Safety City" are being developed and effectively implemented. Similar programs have been developed in the country to develop a hardware and software package of law enforcement agencies "Safe City", which is aimed at making full use of its capabilities in Tashkent. In short, the work on maintaining public order and ensuring the safety of citizens is carried out on the basis of continuous cooperation of all law enforcement agencies and the general public.
The widespread introduction of information and information technology, the widespread introduction of information and information technology in maintaining public order and crime prevention are also effective. In particular, complete and accurate information on possible offenses, including crimes, is reflected in the measures taken to prevent offenses and crimes. In the analysis of statistics on this activity, the widespread introduction of information systems reflects the following specific features: first, it will increase the effectiveness of adapting to the operational situation and maintaining familiarity with the main tasks and methods of combating public order and crime prevention;
secondly, ensuring the rights of citizens and forming their obedience to the
law;
third, the effect of false information, which hinders the maintenance of public order and the prevention of offenses, is lost;
fourthly, it plays an important role in managing the activities of various agencies, institutions, public organizations, citizens' self-government bodies to maintain public order and prevent crime. President of Uzbekistan Shavkat Mirziyoyev addressed an enlarged meeting of the Security Council to the National Guard on public order and security tasked.
"Speaking about the recent measures taken on the organizational structure of the Armed Forces, it should be noted that the National Guard has been established. It is known that the activities of this special military unit are aimed at ensuring public and state security, realizing human rights and freedoms, protecting the population from various terrorist threats, criminal and other illegal
acts. "[4] The press service quotes the head of state. According to the President of Uzbekistan, in a short period of time, the National Guard has become an important link in the security system of the country and has established close cooperation with the components of the Armed Forces. It is known that today we are doing a lot to ensure public order in our country on the basis of the concept of "Safe City - Safe Country." In this connection, a new structure, the National Guard, was established. From now on, the National Guard, together with the Ministry of Internal Affairs, will be responsible and accountable for the implementation of the safe zone project in each city and province, and for maintaining public order. To fulfill these tasks, the National Guard works in close cooperation with local government agencies and public organizations, "Mirziyoyev said.
It is known that the activities of this special military unit are aimed at ensuring public and state security, realizing human rights and freedoms, protecting the population from various terrorist threats, criminal and other illegal acts. In a short time, the National Guard has become an important link in the country's security system and has established close cooperation with Armed Forces components. Unfortunately, for the last 15-20 years, this important issue has been neglected due to the wrong approach to maintaining public order and safety. In particular, it should be noted that the Security Council did not pay enough attention to this. There was no clear owner of the system, and the units dealing with these issues were either under the Ministry of the Interior or under the Ministry of Defense. Therefore, these units could not find their place. Public order and safety training exercises were virtually non-existent. Various bureaucratic hurdles were encountered when it was necessary to perform urgent tasks. As a result, prompt decisions were not made in a timely manner, and tasks were not performed effectively. However, all over the world, it is not the army, not the Ministry of Defense, but separate structures that deal with maintaining order and public safety within the country. It is known that today we are carrying out great work to ensure public order in our country on the basis of the concept of "Safe City - Safe Country." In this connection, a new structure, the National Guard, was established. From now on, the National Guard, together with the Ministry of Internal Affairs, will be responsible and accountable for the implementation of the safe zone project in each city and province, and for maintaining public order. To carry out these tasks, the National Guard works in close cooperation with local government agencies and public organizations.
In an environment where the stability of society is so relative, the problems of managing social processes using economic and financial methods arise, and the eyes of some Russians involuntarily turn to the army. The army is a political tool; it cannot be outside the political process, which is constantly influenced directly and indirectly. As long as there is instability in society and there is a risk of territorial disintegration, the army will be a state tool to maintain the integrity of the country. Army and politics are closely related to each other All the features
discussed above allow us to note some types of their combination. There are the following structures of administrative offense:
- material and official;
- simple and qualified;
- clear and alternative.
These types of administrative offenses include, in material terms, the onset or signs that lead to adverse material consequences. The amount of damages is determined by law to correctly classify the offense and to compensate the damage caused to the offender. There is no sign of the onset of negative effects in official compositions. These types of administrative offenses, as simple as they are, are committed in a specific action without any reinforcement. But sometimes qualifying factors are included in the consideration of such an offense. They reinforce the negative power of the act, which allows the offense to be dealt with under another paragraph of the article. In this case, the guilty person will receive a more severe punishment for his actions. If a single act acts as an administrative offense, then the content of the offense is unambiguous. But sometimes the perpetrator commits several illegal acts. In such cases, the composition of the offenses is an alternative.
Administrative offenses that violate public order and public safety, including:
in public order (for example, petty hooliganism; violation of the order of organizing or holding a meeting, assembly, demonstration, procession or picket);
on public safety (e.g. violation of emergency requirements; violation of the rules of production, sale, collection, display, registration, storage, carrying or destruction of weapons and ammunition).
Administrative offenses in the field of military registration (Chapter 21 of the Code of Administrative Offenses of Russia):
on the established procedure for military registration (for example, failure to submit to the military commissariat or other body conducting military registration, lists of citizens who must be initially registered for military registration; failure to provide information on citizens who are obliged or obliged to register); on the established procedure for performance of military service (for example, non-fulfillment of military registration obligations by citizens; intentional damage or loss of military registration documents). Such a classification of types of administrative offenses allows law enforcement agencies to properly assess the nature of the offense, the quality of the act and the proportionate approach to the perpetrators.
When we talk about the Turkish police in another Middle Eastern country, we first learn that it is part of the Ministry of Internal Affairs of the Republic and includes the General Directorate of Security.
The responsibilities of the Turkish police include:
- maintaining public order, ensuring the safety of citizens and their property;
- identification and prosecution of offenders;
- crime prevention;
- performance of other duties established by the law, regulations and normative legal acts of the government.
The police also have political responsibilities to maintain state unity and maintain constitutional order. The police also perform administrative functions, such as providing security and assisting other agencies.
Internal security and public order in Turkey are provided by three police networks:
1) the General Directorate of the Turkish National Police, which is responsible for urban areas;
2) the General Command of the Gendarmerie, which is responsible for rural
areas;
3) Coast Guard, which protects the country's shores.
The General Directorate of the Turkish National Police is divided into a central organization and regional branches. The central organization has a more complex structure. The Turkish police is headed by the Director General. It has seven departments, including Office, Press and Protocol Relations Directorate, Intelligence Department, Special Operations the department, the inspection department, the oversight body, and the police headquarters.
The CEO is assisted by five deputies, each of whom heads several departments. For example, one of the deputies is in charge of the Department of International Relations, European Affairs, Borders and Migration, and the Department for Combating Organized Crime. Turkey is administratively divided into provinces, cities and districts. There are 81 provincial police directorates in Turkey, 751 city police directorates attached to them, 22 border checkpoint directorates, 18 free police stations and 834 police stations. The central police body reports to the Ministry of the Interior, as well as provincial police chiefs to provincial governors and district chiefs.
The Turkish Gendarmerie is a paramilitary armed organization that maintains security and law and order. It is established and operates under the Law "On the Establishment of the Gendarmerie, Its Duties and Powers". The gendarmerie is responsible for maintaining security and public order and performs other duties as defined by law. The Gendarmerie Command reports to the Interior Ministry. The area of responsibility of the gendarmerie is outside the areas where the police operate.
The gendarmerie has four main functions:
- Administrative - protection of the Department of Crime Prevention, Investigation, Investigation and Penitentiary.
- Legal - identification, arrest and transportation of criminals, submission of evidence in criminal cases to the relevant authorities.
- Ensuring compliance with the country's military laws and regulations in accordance with the Military-High Command's mandate.
- Perform other duties, including those specified in laws, regulations and government decrees.
The Turkish General Directorate of Security is composed of police commanders (at various levels), officers and staff. The command structure includes the Director General of the Turkish Police, the Superintendent of the 1st to 4th rank of the police, the Chief Inspector, the Inspector General, the Deputy Inspector General, and the police officers. There are two types of police training. In particular, the Education Department of the General Directorate of Security conducts the educational process inseparably from the main work and provides training in professional training courses at the Police Academy. From the above, it is clear that it would be useful to discuss the positive aspects of the police system of the sister state of Turkey, including the experience in such areas as training, retraining, organization of sectoral services.
Strengthening the powers of the National Guard of the Republic of Uzbekistan in the fight against terrorism, law and order, as well as public order and security and mitigation of the consequences of terrorist acts Law of the Republic of Uzbekistan "On Combating Terrorism" based on; On the development of military and state of emergency, territorial defense, civil defense and military-economic support of the Republic of Uzbekistan in connection with the defense of the Republic of Uzbekistan from attack or aggression as a condition for ensuring state sovereignty [8] The Senate of the Oliy Majlis of the Republic of Uzbekistan elected from constituencies to hear the reports of district and city khokims in ensuring state sovereignty by strengthening the legal mechanisms that establish a balance between central and local authorities. deputies of the Legislative Chamber and people's deputies of regional and Tashkent city Kengashes, the Cabinet of Ministers of the Republic of Uzbekistan, public administration bodies The need for the participation of representatives of the region, the mayor of Tashkent or his deputies, heads of departments of district and city executive authorities is justified by the improvement of the Law of the Republic of Uzbekistan "On local government"; By joining the Nakhichevan Agreement on the Establishment of the Cooperation Council of Turkic Speaking States (International Intergovernmental Organization) (October 3, 2009), Uzbekistan needs to develop cooperation with Turkic-speaking countries, ensure security and strengthen neighborliness. .
Based on the scientific results obtained on improving the organizational and legal framework for ensuring the state sovereignty of the Republic of Uzbekistan: The Law of the Republic of Uzbekistan "On Combating Terrorism" contains the powers of the National Guard of the Republic of Uzbekistan in the fight against terrorism According to Article 91, "participates in the fight against terrorism, law and order, as well as public order and security; Participates in the elimination of the consequences of terrorist acts "(reference of the Legislative Chamber of the Oliy Majlis of the Republic of Uzbekistan dated September 26, 2019 No. 06 / 206). On the basis of these proposals, the assignment of tasks to the National Guard
of the Republic of Uzbekistan to ensure law and order, public order and security, prevention of terrorist acts served to strengthen the protection of state sovereignty of the Republic of Uzbekistan;
The Law of the Republic of Uzbekistan "On Defense" defines the basic principles of state policy in the field of defense (Article 5), the main tasks of the Armed Forces (Article 8), the leadership of the country's defense and Armed Forces (Article 9), as well as , Chapter 4 on Military and State of Emergency, Territorial Defense, Civil Defense and Military-Economic Support of Defense (Article 29) related to the defense of the Republic of Uzbekistan from attack or aggression (O ' Reference of the Legislative Chamber of the Oliy Majlis of the Republic of Uzbekistan No. 06 / 2-06 of September 26, 2019). These proposals served to strengthen the military and state of emergency, territorial defense, civil defense and military-economic defense of the Republic of Uzbekistan in connection with the defense of the Republic of Uzbekistan from attack or aggression as a condition for ensuring state sovereignty. Members of the Senate of the Oliy Majlis of the Republic of Uzbekistan, deputies of the Legislative Chamber and deputies of regional and Tashkent city Kengashes, representatives of the Cabinet of Ministers of the Republic of Uzbekistan, public administration bodies, regional, Tashkent city elected from constituencies Proposals on the participation of the khokim or his deputies, heads of structural subdivisions of district and city executive authorities are included in Articles 24 and 251 of the Law of the Republic of Uzbekistan "On local government" ( Reference of the Legislative Chamber of the Oliy Majlis of the Republic of Uzbekistan No. 06 / 151 of September 18, 2019). These proposals served to strengthen the sovereignty of the state as a result of the establishment of legal mechanisms to establish a balance between the central and local authorities; The activities of the International Intergovernmental Cooperation Council of Turkic Speaking States and the development of cooperation between Turkic-speaking countries, strengthening brotherhood, friendship and neighborliness between them, maintaining peace, security and mutual trust, and its activities are in the interests of the Republic of Uzbekistan. Introduced with the ratification of the Nakhichevan Agreement on the Establishment of the Cooperation Council of Turkic Speaking States of the Republic of Uzbekistan (Nakhichevan, October 3, 2009 Reference of the Legislative Chamber of the Oliy Majlis of the Republic of Uzbekistan No. 10 / 1-782 of November 19, 2019). This proposal laid the foundation for further strengthening of socio-economic and political cooperation of Uzbekistan with the Turkic-speaking countries: Turkey, Turkmenistan, Azerbaijan, Kyrgyzstan, Kazakhstan and contributed to the sovereignty of Uzbekistan. .
Conclusion: I would like to conclude by saying that administrative liability applies to violation or non-compliance with the general mandatory rules applicable to all citizens. They have a variety of appearances and have unique characteristics. For example, state and public order and security; nature protection; ownership; standardization; statistics and calculations; traffic safety
and use of vehicles; military list; border order; fight against smuggling; currency transactions and other rules. Mandatory rules are established by various competent executive bodies. Administrative liability usually arises in case of violation of the requirements of administrative-legal norms. At the same time, the current legislation shows that administrative liability can be applied to violations of labor, finance, land, and even the norms of constitutional law. This, in turn, indicates the cross-sectoral importance of administrative responsibility. We, the military, have a responsibility to maintain public order and combat administrative crime
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5. GENERAL MILITARY REGULATIONS OF THE ARMED FORCES OF THE REPUBLIC OF UZBEKISTAN Tashkent, October 9, 1996, PF-1571
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