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THE CONCEPT OF AN OBJECT, SYSTEM AND THE MEANING OF SPECIAL CRIME PREVENTION Eshnazarov M.J. Email: Eshnazarov17148@scientifictext.ru
Eshnazarov Mehriddin Zhuraevich — Researcher, FACULTY OF POSTGRADUATE EDUCATION, ACADEMY OF THE MINISTRY OF INTERNAL AFFAIRS OF THE REPUBLIC OF UZBEKISTAN, TASHKENT, REPUBLIC OF UZBEKISTAN
Abstract: the article analyzes the notion and the system of "The object of special crime prevention " based on the scientific and theoretical literature and national legislation in the field of crime prevention of the Republic of Uzbekistan. Likewise, a scientific definition of the concept "The object of special crime prevention " was developed and was formed a system of the object ofspecial crime prevention. In conclusion, the article put forwards proposals and recommendations by clarifying the concept and system of objects for special crime prevention, as well as disclosing the meaning of it. Keywords: crime prevention, special crime prevention, the object of crime prevention, the object of special crime prevention, the system of special crime prevention.
О ПОНЯТИИ ОБЪЕКТА, СИСТЕМЫ И ЗНАЧЕНИИ СПЕЦИАЛЬНОЙ ПРОФИЛАКТИКИ ПРАВОНАРУШЕНИЙ Эшназаров М.Ж.
Эшназаров Мехриддин Жураевич — соискатель, факультет послевузовского образования, Академия Министерства внутренних дел Республики Узбекистан, г. Ташкент, Республика Узбекистан
Аннотация: в статье на основе анализа научно-теоретической литературы и национального законодательства в сфере профилактики правонарушений Республики Узбекистан рассматриваются понятие и система «объекта специальной профилактики правонарушений». Также было разработано научное определение понятия «объект специальной профилактики правонарушений» и сформирована система объекта специальной профилактики правонарушений.
Были сделаны соответствующие выводы о необходимости внесения ясности в понятие и систему объектов специальной профилактики правонарушений.
Ключевые слова: профилактика правонарушений, специальная профилактика правонарушений, объект профилактики правонарушений, объект специальной профилактики правонарушений, система специальной профилактики правонарушений.
UDC 34096
The effectiveness of any activity depends on the extent to which questions are specified, by whom, for what purpose, in what order, under what conditions this activity is carried out and what it is aimed at. The subject on which a certain activity, event, phenomenon and even persons is considered as an objects of this activity.
In prevention of offenses, object of activity is also considered important. However, unfortunately, the objects of such activity in most cases are not specifically defined in legislative acts. In addition, we can observe that in the legislative acts the circle of objects for the prevention of offenses is not specifically defined. The presence of these shortcomings has led to the emergence of various approaches that consider the types of crime prevention and the system of measures taken within their framework, which had a negative impact on the effectiveness of this activity. In this regard, according to H.E.Akhmedov, "proper organization of general, special, individual and victimological prevention based on in-depth analysis and focus on relevant objects increases the effectiveness of activities"[1, p. 190].
In the scientific and theoretical literature there is no concrete theoretical and legal approach to the concept and range of objects of crime prevention. That is why there is a lack of specificity in the system of objects of types of crime prevention. As an example, the point of view of I.Yu. Fazilov
Note: for example, management activity is considered as an object of executors.
on the objects of types of prevention of human trafficking. In his opinion, "the circle of people in relation to whom preventive measures are being taken is related to the types of prevention of human trafficking: general prevention of human trafficking - in relation to the population; special and individual prevention - in relation to persons who have committed (inclined to commit) human trafficking; victimological prevention - regarding persons prone to become victims of trafficking with a high degree of danger" [2, p. 191].
Such an approach can also be observed in the scientific works of I. Ismailov and K.A.Saitkulov. In their opinion, measures of victimological prevention are carried out in relation to persons:
a) inclined to become victims of crime;
b) with antisocial behavior;
c) prone to committing offenses;
d) committed an offense [3, p. 56].
In the above-mentioned views of scientists, the object of crime prevention is limited only to persons, and issues related to the protection of public order, ensuring the safety of citizens, protection of buildings of state bodies, categorized objects and structures, dwellings and real estate of the population are left without attention.
Objects of types (general, special, individual and victimological) of crime prevention are formed on the basis of the system and range of crime prevention objects, however, the content and volume of objects of prevention types differ. For example, if in individual crime prevention the goal is to provide a preventive effect on one person, then in general prevention - on a group of people, on the general public.
In the special prevention of offenses, the object of prevention stands out for its comprehensive, specific focus and content of preventive measures.
Dwelling on the concept of "special crime prevention", it should be noted that in the Law of the Republic of Uzbekistan "About crime prevention" we can observe a peculiar approach to this issue. Article 24 of the Law states that "special prevention of offenses is the activity of bodies and institutions directly involved in the prevention of offenses, in the development and implementation of special measures aimed at preventing certain types of offenses, eliminating the causes of these types of offenses and the conditions conducive to them, identifying individual categories of persons and the provision of a preventive effect on them.
The grounds for the implementation of special crime prevention are:
growth of certain types of offenses, categories ofpersons;
emergence of challenges and threats encroaching on public safety and public order, interests of the individual, society and the state ".
According to the investigator of the object of crime prevention S.B. Khujakulov, what any activity is directed at and constitutes the object of this activity. And based on this approach, he notes that "the objects of crime prevention are negative phenomena and processes, as well as the persons to whom preventive measures are directed" [4, p.28].
This definition at the same time can serve as the formation of the concept, system and circle of special crime prevention.
Based on the above definition of the concept of "objects of crime prevention", as well as relying on the content of the concept of special crime prevention and the grounds for its implementation defined in the law, we can conclude that "objects of special prevention are some types of offenses, causes and conditions conducive to them, a separate category of persons, as well as special measures to identify such a category of persons and provide them with a preventive effect, the activities of subjects directly carrying out crime prevention in the development and implementation of special events".
Taking into account the abovementioned, the system of objects of special crime prevention can be formed as follows:
- some types of offenses, as well as the reasons for their commission and the conditions conducive to them;
- a specific category of persons;
- the arising dangers and threats encroaching on public safety and public order, the interests of the individual, society and the state;
- the activities of bodies and institutions directly involved in the prevention of offenses, in the development and implementation of special measures.
However, when forming the system of objects for special crime prevention, it is necessary to take into account not only the goals, objectives and features of the special crime prevention, but also the objects of general crime prevention, to clarify the circle of a certain category of people.
According to Article 3 of the Law of the Republic of Uzbekistan "On the Prevention of Crimes", anti-social behavior is a person's lifestyle, action or inaction that violates the norms and rules of behavior accepted in society.
According to S.B. Khujakulov, "antisocial behavior" is not inherently considered an offense and no liability has been established for this. However, due to the fact that antisocial behavior is legal nihilistic in nature, and is also considered the main factor leading to the commission of an offense in the future, it is advisable to take preventive measures against persons with a tendency to such behavior.
He believes that cohabitation without official registration of marriage, disturbance of neighbors by systematic listening to loud music in high-rise buildings, or other behavior leading to consequences such as causing scandals in the family, drinking alcohol, and being in public places, can be classified as antisocial behavior, intoxication, as well as the commission of such acts as turning people against each other, disrespectful attitude towards elderly people with disabilities in public transport ladies or pregnant [4, p. 29].
Thus, it is appropriate to recognize the relatively increasing antisocial behavior of individuals with such behavior as an object of special crime prevention. For example, the unreasonable absence of a minor at educational sessions in educational institutions is assessed as antisocial behavior, and a special preventive measure, "Attendance" is being conducted to identify and eliminate such facts.
It should be noted that the law defines previously convicted persons, persons who use alcoholic or narcotic drugs, psychotropic substances and other means that influence mental activity as a certain category of persons. However, it is necessary to specify the circle of a separate category of persons.
Due to the fact that the law provides for preventive work with victims, objects of special prevention of offenses should include persons with antisocial behavior who are prone to commit an offense, along with persons who committed the offense, include those at high risk of becoming victims of the offense, as well as victims of offenses.
Taking into consideration abovementioned, we consider it appropriate to form a system of objects for special crime prevention as follows:
- committed in a certain territory, having a high proportion of total crime, as well as some offenses, the number of which increased in comparison with the past period;
- the reasons for offenses committed in a certain territory, which have a high proportion among general crime, as well as some offenses, the number of which has increased compared to the past period and the conditions conducive to them;
- persons with a high proportion among persons falling within the preventive impact circle in a certain territory, as well as those with a high risk (victimization) of becoming victims of offenses, victims of offenses, persons with antisocial behavior, prone to committing offenses, having committed an offense;
- arising dangers and threats encroaching on public safety and public order, the interests of the individual, society and the state;
- activities of bodies and institutions directly involved in the prevention of offenses, in the development and implementation of special measures.
In conclusion, it should be noted that clarification of the concept and system of objects of special crime prevention will contribute to the development of its scientific and methodological basis, as well as the correct and effective organization of the practice of special crime prevention.
In this regard, we believe that the proposals and recommendations put forward in the article on disclosing the essence of the concept, system and range of objects for special prevention of offenses and their consolidation will serve: firstly, to obtain accurate and objective ideas about the concept, system and circle of objects for special prevention of offenses; secondly, development of theoretical and methodological foundations of special crime prevention; thirdly, to increase targeting and impact; fourthly, to increase the effectiveness of the application of special crime prevention in practice; fifthly, improvement of legal and by-law acts regulating the special prevention of offenses.
References / Список литературы
1. Akhmedov Kh.E. Features of the organization of special crime prevention // Actual issues of crime prevention: materials of the Republican scientific and practical conference (April 17, 2019). T.: Academy of the Ministry of Internal Affairs of the Republic of Uzbekistan, 2019. 433 р.
2. Fazilov I.Yu. Criminal law and criminological problems of combating trafficking in human beings: a Monograph. T.: Academy of the Ministry of Internal Affairs of the Republic of Uzbekistan, 2016. 181 p.
3. Ismailov I., Saitkulov Q.A. Main directions of enforcement of the Law of the Republic of Uzbekistan "on prevention of offenses": materials of the Republican scientific and practical conference (March 12, 2015). T.: Academy of the Ministry of Internal Affairs of the Republic of Uzbekistan, 2015. 56 p.
4. Khujakulov S.B. Improve the General prevention of offences (for example, activities of Internal Affairs Bodies). Dissertation for the degree of doctor of philosophy (doctor of philosophy) in legal Sciences. T., 2018. 156 p.
