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5IMPROVING THE ORGANIZATION AND MANAGEMENT OF THE ACTIVITIES OF THE INTERNAL AFFAIRS BODIES FOR THE INDIVIDUAL PREVENTION OF OFFENSES
(IN THE CASE OF SAMARKAND REGION) Achilov Saidakhmat Sayfullaevich
Master's student at the Academy of the Ministry of Internal Affairs of the Republic of
Uzbekistan https://doi.org/10.5281/zenodo.6790401 Abstract. In this article, the concept of the implementation of the individual prevention of crimes by internal affairs bodies, the types of individual prevention, the current situation and the specific features of the implementation of the individual prevention of crimes by preventive inspectors, the existing problems and shortcomings in conducting preventive work with individuals in an individual order , as well as a number of proposals for their solution and elimination, as well as new approaches to improving the activities of our national legislation based on the advanced experience of other foreign countries.
Keywords: social rehabilitation and social adaptation, antisocial behavior, crime, victim of crime, crime prevention, person prone to crime, preventive interview, official warning, administrative control.
СОВЕРШЕНСТВОВАНИЕ ОРГАНИЗАЦИИ И РУКОВОДСТВА ДЕЯТЕЛЬНОСТЬЮ ОРГАНОВ ВНУТРЕННИХ ДЕЛ ПО ИНДИВИДУАЛЬНОЙ ПРОФИЛАКТИКЕ ПРАВОНАРУШЕНИЙ (НА ПРИМЕРЕ САМАРКАНДСКОЙ ОБЛАСТИ) Аннотация. В данной статье рассмотрены понятие осуществления индивидуальной профилактики преступлений органами внутренних дел, виды индивидуальной профилактики, современное состояние и особенности осуществления индивидуальной профилактики преступлений инспекторами-профилакториями, существующая проблемы и недостатки в проведении профилактической работы с физическими лицами в индивидуальном порядке, а также ряд предложений по их решению и устранению, а также новые подходы к совершенствованию деятельности нашего национального законодательства на основе передового опыта других зарубежных стран.
Ключевые слова: социальная реабилитация и социальная адаптация, антиобщественное поведение, преступление, потерпевший от преступления, профилактика правонарушений, лицо склонное к преступлению, профилактический опрос, официальное предупреждение, административный контроль.
INTRODUCTION
The ultimate goal of the priority tasks defined in the field of crime prevention is to maintain peace and tranquility in society, to maintain public order and ensure security, to protect the rights and freedoms and legal interests of citizens, to form a sense of obedience to the law in them, to inculcate in the young generation love for the Motherland, national and universal values. education in the spirit of respect, to protect them from various foreign ideas and to form them as useful persons for society, and through this means to ensure the development of the state and society.
In one of his speeches, the President of the Republic of Uzbekistan, Sh. Mirziyoev, said, "We should never forget one vital truth. That is, if we dismiss a person who made a mistake and
lost his way as "bad", he will remain bad. It was not for nothing that they emphasized that making evil good, turning it into a friend - this can only be done by a healthy society .
MATERIALS AND METHODS
Because the neighborhood is the criterion of our life, all good and bad actions happen in the neighborhood, and a good person also grows up in the neighborhood.
The refore, at the current stage of reforms, special attention is being paid to ensuring a peaceful and peaceful life of the population and forming a culture of obedience to the law and public safety in our society.
It should be noted that the human factor plays an important role in the commission of crimes, that is, in any society where the education level of people is high, crimes will not be committed, on the contrary, crimes will be committed and instability will be observed. Therefore, increasing the effectiveness of social rehabilitation and social adaptation measures, speeding up their adaptation to society and returning them to a normal way of life is one of the most urgent issues today.
The Decree No. PF-27 of the President of the Republic of Uzbekistan dated November 29, 2021 "On approval of the concept of public safety of the Republic of Uzbekistan and measures for its implementation" paid special attention to these issues.
In particular, the following measures were determined in this direction:
- ensuring the activity of internal affairs bodies in terms of crime prevention, organizing preventive accounting and social adjustment of persons under administrative control;
- prevention of offenses among minors and young people, especially their unorganized part, by effective organization of targeted educational and preventive measures;
- they determined the important directions for ensuring the execution of sentences not related to deprivation of liberty, controlling the behavior of persons under probation control, organizing social adjustment and prevention of recidivism.
Also, they put forward a number of measures to be implemented in order to further improve the activities of crime prevention, put forward the scientific-theoretical basis, and emphasized a number of demands and recommendations.
In particular, the following duties of prevention and probation inspectors of internal affairs bodies, who are responsible for the direct implementation of individual prevention of offenses, were determined:
- assigning additional tasks to probation inspectors to investigate the identity of those under preventive accounting and administrative control and to provide practical and methodological assistance to preventive inspectors in their social adjustment;
- clearly defining the scope of restrictions imposed on persons under probation supervision, the mechanisms for ensuring and monitoring compliance with the restrictions;
- establishing the procedures and grounds for transferring documents to persons under probation control into electronic form, encouraging them and applying disciplinary sanctions;
- to provide socio-psychological assistance to persons under probation control and to implement measures to assist them in vocational training and employment, on the basis of an individual social adjustment program, clearly defining the tasks of the authorities;
- tasks such as determining the uniform form of the social-psychological portrait of persons under probation control, the criteria for their classification, and the procedure for the prevention of new crimes were defined.
At this point, it is appropriate to highlight some concepts in the activity of ensuring the prevention of offenses, about which Article 3 of the Law "On the Prevention of Offenses" provides the concept of negative social ills in individuals and individuals to whom individual preventive activities of offenses are directed, for example:
antisocial behavior - a person's lifestyle, action or inaction that violates the norms and rules of behavior accepted in society;
a person with a tendency to commit a crime - a natural person who is in a position of possibility of committing a crime due to the danger of his antisocial behavior.
It can be seen that antisocial behavior is expressed by a person's violation of the rules of the order established by law, and a person prone to committing a crime has a tendency to violate the rule of order. RESULTS
The most effective prevention for the above-mentioned categories of people is individualized measures. It should be noted that although general, special, individual and victimological prevention of offenses and their measures are defined according to the Law, in the process of their application, if they are useful and do not contradict the laws, additional measures should be implemented based on modern best practices. possible
The refore, in the implementation of individual prevention of violations by the internal affairs bodies, it is necessary not to be limited only to the measures specified in the regulatory legal documents.
The activity of the bodies and institutions that directly implement the prevention of crimes is the individual prevention of crimes.
Individual prevention of crimes is determined taking into account the characteristics of a person, his social environment, social and household conditions and lifestyle, antisocial behavior of a person, propensity to commit a crime, as well as other factors that describe the level of social danger of the committed crime.
The basis for the application of individual prevention of offenses is the presence of reliable information that shows the social behavior of a person, his tendency to commit an offense or to commit an offense.
Measures of individual prevention of offenses include: preventive interview; formal warning;
informing about the reasons for the commission of offenses and the conditions that make them possible;
social rehabilitation and social adjustment; preventive accounting; referral to compulsory treatment; administrative control.
Preventive conversation consists of observing the norms and rules of behavior accepted in society, explaining the legal consequences of antisocial behavior, and holding the person responsible for the offense committed by law.
Preventive interview is also carried out during preventive registration of the person. Its peculiarity is that it is carried out by a representative of the body or institution that directly implements the prevention of offenses, which is responsible for individual prevention.
Preventive interview is carried out at the location of the body or institution that directly implements the prevention of crime, as well as at the place of residence, study, work of the person, or directly at the place where antisocial behavior or crime was detected. the causes and conditions of antisocial behavior or committed offense are determined.
If the previous preventive interview did not give a positive result and the person continues to engage in anti-social behavior or criminal behavior, a formal warning will be applied to him.
An official warning consists of a written explanation of the fact that a person cannot be allowed to continue antisocial behavior, as well as the responsibility of a person who is prone to committing an offense. it will also consist of warning a person who is inclined to commit a crime about responsibility for committing a crime.
An official warning is issued by an official responsible for the individual prevention of violations of the body or institution that directly implements the prevention of violations and is announced to the person with a signature.
An official of a body or institution responsible for the implementation of individual prevention of offenses has the right to notify the employer (administration) at the place of work (education) or the self-government body of citizens at the place of residence of the person who announced it.
Measures of social rehabilitation and social adjustment are applied to the victims of crimes, prone to committing crimes, and persons who have committed crimes by the body or institution that directly implements the prevention of crimes in accordance with the procedure established by law .
DISCUSSION
Today, internal affairs bodies are facing some difficulties and problems in the implementation of individual prevention of offenses by preventive (senior) inspectors of crime prevention units.
For example, prevention (senior) inspectors face a number of problems in determining the level of intoxication of persons who have committed offenses by consuming alcohol.
For example, although city-district medical associations (not available in Jomboy, Koshrabot, Nurabad and some other districts) have a breathalyzer device that determines the level of intoxication of citizens, but after 18:00, narcologists in medical associations end their working hours, and after that they bring to the IIB intoxicated it will not be possible to determine the degree of intoxication of the victim or the person who committed the offense .
In addition, in the Samarkand branch of the Republican Forensic Scientific and Practical Center, in the past, there were doctors on duty for 24 hours, but today, the forensic chemistry department is on duty at night in order to draw up a staff schedule of medical pharmaceuticals and other employees of the forensic medical examination service. due to the fact that the post is not provided for, it was decided to close the night duty post in the chemical department of the court from November 01, 2021 (night work) and to operate from 09:00 a.m. to 06:00 p.m. on working days other than Saturdays, Sundays and holidays.
2018 of the Supreme Court of the Republic of Uzbekistan, the Prosecutor General's Office, the Ministry of Internal Affairs and the Ministry of Health Joint Resolution No. 3099 dated December 14 allowed to keep and carry breathalyzer devices in order to determine the level of drunkenness of citizens driving a motor vehicle, mainly in the regional departments of ROAD TRAFFIC SAFETY SERVICE AND ROAD PATROL SERVICE.
Therefore, by making an amendment to this Decision, 1 (one) person is sent to the duty units of each city-district IIB (POM, GOM) to determine the level of intoxication of persons suspected of being intoxicated (whether in a vehicle or on foot). it is necessary to provide breathalyzer devices.
Article 19 of the Law of the Republic of Uzbekistan "On Prevention and Treatment of Narcotic Diseases" stipulates the procedure for "providing narcotic aid to a person suffering from a narcotic disease without his written consent or the written consent of his legal representative."
Also, it will be necessary to organize special "Hushyarkhana" in cities and districts to keep drunken people temporarily until the state of drunkenness spreads. Although such alert centers have been introduced in some cities and districts, they are not equipped to the required level, or due to the lack of staff to provide services there, and the lack of special state units, their activities have not been fully established.
Crime in Samarkand region as an experiment Decision No. 57 of the governor of Samarkand Region on March 27, 2021, in order to eliminate the factors that made it possible, to use public opportunities to educate people prone to crime, to widely implement collective discussions, as well as to strengthen "Public control", which provides for public evaluation of the activities of law enforcement agencies "Community Council" was established in the presence of existing Neighborhood Citizens' Assemblies in the region .
Also, in accordance with Annex 1 of this decision, the Regulation on the "Community Council" was developed, and the duties and obligations of the chairman and members of the Council were defined.
In addition, in all 1114 neighborhoods of the region, the chairman and members of the "Community Council" were formed by electing them from among the public representatives.
Based on the requirements of the regulation, meetings of the "Community Council" were held in 397 neighborhoods of the region, 397 persons who committed crimes were released from responsibility, and necessary measures were determined in accordance with the regulation to prevent them from committing crimes again in the future.
If this experiment is implemented on the scale of the Republic, it will be appropriate if the legislation is amended, especially the Criminal Code and the Criminal Procedure Code.
CONCLUSIONS
In the future, in order to achieve positive results in improving the organization and management of individual crime prevention activities of internal affairs bodies, it will be necessary to implement the following measures:
firstly, to strengthen individual preventive measures with persons who are prone to committing crimes, have previous convictions, and are under public supervision, and to establish a system of using the assistance of psychologists, religious scholars, and public representatives;
secondly, to ensure, verify and control that persons under preventive accounting, administrative control and probation control comply with the established restrictions and fulfill the obligations assigned to them, as well as to apply educational and legal measures to these persons and develop the "Protocol of Actions" on their social adjustment and implementation;
thirdly, to create, introduce and organize training for the "city inspector" and "rural inspector" models, which provide for complete mechanisms for the work of preventive inspectors in the administrative area;
fourthly, introduction of preventive control institute on the basis of administrative control and preventive accounting institutes;
fifth, introduction of the procedure for holding individual interviews with persons under preventive accounting, administrative control and probation control in a special "interview room";
sixth, it is necessary to introduce the practice of using the fingerprint recognition system to ensure that persons under preventive accounting, administrative control and probation control come to register with the public security service.
List of used literature
Speech of the President of the Republic of Uzbekistan Sh.M. Mirziyoev at the solemn ceremony dedicated to the 26th anniversary of the independence of the Republic of Uzbekistan // URL: http: xs.uz. People's word, 01.09.2017.
National database of legislative information, 01.12.2021, No. 06/21/27/1116. https//lex.uz. Collection of legal documents of the Republic of Uzbekistan, 2014.- No. 20.- 221-m. Collection of legal documents of the Republic of Uzbekistan, 2014.- No. 20.- 221-m. Information of the Department of Internal Affairs of the Samarkand region, 2022. 2018 of the Supreme Court of the Republic of Uzbekistan, the Prosecutor General's Office, the Ministry of Internal Affairs and the Ministry of Health Joint Resolution No. 3099 of December 14.
National database of legal documents, 28.10.2020, No. 03/20/644/1415 https://lex.uz/docs/5069150.
Decision No. 57 of the governor of Samarkand Region on March 27, 2021.
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