Ҳуқуқий тадқиқотлар /Правовые исследования/ Journal of Law Research (2022)
THE CONCEPT AND SIGNS OF MITIGATING CIRCUMSTANCES
Муслимов Икром Тухтамуратович
Annotaciya
The article widely used logical, systematic, logical-legal, comparative-legal research methods In particular, the concept of extenuating circumstances was first described. Extenuating circumstances and their interaction are described in detail, as well as scientific views and research of scientists on this matter, similarities and differences between them. At the same time, a comparative analysis was carried out with the types of mitigating circumstances, their problematic aspects were identified and consistently described. Also in our country, the nature of the crime and the degree of public danger, the cause of the crime, the nature and extent of the harm, the identity of the perpetrator, mitigating and aggravating circumstances are mandatory requirements of criminal law. On the other hand, Article 55 of the Criminal Code defines an open list of mitigating circumstances (9 cases) and specific requirements and conditions for their consideration when sentencing. Although mitigating circumstances are important among criminal law institutions, including when imposing a fair punishment for a specific act and improving the situation of a person, the concept of "mitigating circumstances" in the criminal legislation of our country is not defined and the problems associated with it are described in the series.The doctrine of criminal law and existing scientific research were also analyzed, and well-founded theoretical proposals and recommendations on this matter were developed.
преступление, наказание, обстоятельства, смягчающие наказание, обстоятельства, отягчающие наказание, случаи, которые действуют как привилегированные признаки.crime, punishment, circumstances mitigating punishment, circumstances aggravating punishment, cases that act as privileged signsжиноят, жазо, жазони енгиллаштирувчи ҳолатлар, жазони оғирлаштирувчи ҳолатлар, имтиёзли белгилар сифатида амал қиладиган ҳолатлар
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