SOME CONSIDERATIONS ON IMPROVING THE CRIMINAL LEGISLATION BASED ON THE NEW EDITION OF THE CONSTITUTION OF THE REPUBLIC OF UZBEKISTAN
Keywords:
constitution, constitutional principle, principle of proportionality, principle of adequacy, system punishment system, restriction of liberty, decriminalization, victim, damageAbstract
The article analyzes a number of directions for improving criminal law based on the new version of the Constitution of the Republic of Uzbekistan. In this case, analytical, generalizing, comparative-legal, system-structural, and formal-legal methods of scientific knowledge were used. The Constitution of the Republic of Uzbekistan in the new edition is directly applicable regardless of the adoption or existence of relevant laws and other regulatory legal acts, which requires consideration of the constitutionality of other legislative acts, including criminal law affecting fundamental human rights and freedoms. In this regard, the article discusses the main tasks facing industry representatives in improving the Criminal Code based on the new version of the Constitution. In particular, in the direction of reviewing the measures of criminal punishment from the point of view of compliance with the constitutional principles of proportionality and sufficiency, proposals have been put forward to clearly define the range of persons to whom the punishment of restriction of liberty can be applied, to prepare a manual explaining the grounds for applying punitive measures between the minimum and maximum amounts of punitive measures provided for in the Criminal Code, to decriminalize certain crimes, and to review the amounts of certain criminal punishments based on such constitutional principles as proportionality and sufficiency. Also, specific proposals and recommendations have been developed for reviewing the relevant institutions of the Criminal Code in terms of implementing the constitutional obligation of the state to create conditions for compensation for damage caused to victims, as well as for bringing certain elements of crimes prohibited by the Criminal Code into compliance with the new version of the Constitution.