GENERAL CHARACTERISTICS OF IMPOSING PUNISHMENT ON MINORS

• Israilov Dilshod Shavkatovich

  Deputy Director of the Higher School of Judges under the Supreme Council of Judges of the Republic of Uzbekistan, Doctor of Philosophy in Law, Associate Professor

General Background: This article examines the complexities of sentencing juvenile offenders, emphasizing the need for a nuanced approach to punishment that reflects their developmental characteristics. Specific Background: Juveniles exhibit unique socio-psychological traits that necessitate distinct legal considerations, leading to ongoing debates about fair punishment in the context of their age and circumstances. Knowledge Gap: Despite existing regulations, there is a lack of comprehensive analysis on how current laws effectively address the principles of fairness and proportionality in juvenile sentencing. Aims: The research aims to evaluate the legal framework surrounding juvenile punishment in Uzbekistan, identifying potential enhancements to better protect minors while ensuring accountability. Results: The study reveals that the prevailing legal framework prioritizes both accountability and rehabilitation, advocating for age-appropriate punishments that consider the individual context of juvenile offenders. It aligns with Voltaire’s philosophy of crime prevention and Uzbekistan’s legislative intent to balance responsibility with moral correction. Novelty: This research contributes to the discourse on juvenile justice by critically assessing the intersection of legal norms and socio-psychological factors influencing sentencing. Implications: By adopting a preventative approach to juvenile delinquency, the judicial system can effectively reduce recidivism and promote social reintegration, thereby fostering a more stable environment and mitigating long-term criminal behavior among minors. Limitations: The study's reliance on legislative documents and court procedures limits its ability to longitudinally assess the impact of penalties on behavior change. Further Research: Future investigations should explore the effectiveness of rehabilitative measures and alternative restorative justice practices as more humane approaches to juvenile offending.

. Statistics Committee of the Republic of Uzbekistan, "Demography," [Online]. Available: https://www.stat.uz/uz/rasmiy-statistika/demography-2. [Accessed: Nov. 1, 2024].

. Supreme Court of Uzbekistan, "Statistical Data," Mar. 5, 2023. [Online]. Available: https://stat.sud.uz/file/2023/03.05/pdf. [Accessed: Nov. 1, 2024].

. Q. R. Abdurassulova, Criminology: Textbook, M. Kh. Rustamboev, Ed. Tashkent: Tashkent State University of Law, 2008, p. 7.

. Bugun, "Prosecutor General's Office Report," Mar. 19, 2022. [Online]. Available: https://bugun.uz/2022/03/19/pa-2/. [Accessed: Nov. 1, 2024].

. O. N. Petrova, "Sentencing Juvenile Offenders," Ph.D. dissertation, Dept. Law, Kuban State Univ., Krasnodar, Russia, 2004, pp. 102–103.

. M. Kh. Rustamboev, Commentary on the Criminal Code of the Republic of Uzbekistan: General Part, 1st ed. Tashkent: Adolat, 2016, p. 556.

. M. Sobirov, Features of Sentencing Minors, Ph.D. dissertation, Dept. Law, Tashkent State Univ., Tashkent, Uzbekistan, 1992, p. 107.

. U. Sh. Kholikulov, General Basis for Sentencing Minors, Ph.D. dissertation, Dept. Law, Tashkent State Univ., Tashkent, Uzbekistan, 2006, p. 24.

. A. Nurimbetov, Problems of Sentencing in the Criminal Legislation of the Republic of Kazakhstan, Ph.D. dissertation, Dept. Law, Kazakh Natl. Univ., Almaty, Kazakhstan, 2008, p. 31.

. U. Sh. Kholikulov, Problems of Sentencing Minors under the Criminal Legislation of the Republic of Uzbekistan, Ph.D. dissertation, Dept. Law, Tashkent State Univ., Tashkent, Uzbekistan, 2006, p. 16.

. M. Sobirov, Features of Sentencing Minors, Ph.D. dissertation, Dept. Law, Tashkent State Univ., Tashkent, Uzbekistan, 1992, p. 107.

. M. Kh. Rustamboev, Commentary on the Criminal Code of the Republic of Uzbekistan, Tashkent: Adolat, 2016, p. 562.

• View Article

• Business

Copyright (c) 2024 Israilov Dilshod Shavkatovich

This work is licensed under a Creative Commons Attribution 4.0 International License.