THE CONCEPT OF THE SUBJECT OF CRIME IN MODERN CRIMINAL LAW: PROBLEMS IN THE CONTEXT OF DIGITAL TRANSFORMATION AND NEW SOCIAL RELATIONS
- Authors
-
-
Noraliyev Turgun
Research Institute of Criminology, Uzbekistan
-
- Keywords:
- Subject of crime, Object of crime, Criminal law, Digital economy, Artificial intelligence, Information, Intangible goods, Cybercrime, Energy resources, Human organs and tissues, Social relations, Criminal encroachment, Corpus delicti, Criminal liability, Law enforcement practice
- Abstract
-
Objective: This article provides a systematic analysis of the concept of the subject of crime in modern criminal law, its place, and its role in the structure of social relations. In the context of the fourth industrial revolution, digitalization, and the dynamic development of artificial intelligence, it is scientifically substantiated that the subject of crime should not be limited only to traditional material goods but should fully encompass intangible goods, including information, digital assets, energy resources, as well as human organs. Method: The article also provides a comparative analysis of the opinions of domestic and foreign scholars, expressing the author’s personal attitude and critical view on existing scientific discussions. Results: The author criticizes the outdated views that the subject of crime is merely a component of the object of crime or a sign of the objective side, and puts forward his conceptual approach to recognizing it as an independent and equal element of the corpus delicti. As a result of the research, specific, comprehensive, and scientifically grounded proposals and recommendations consisting of six points have been developed to improve criminal legislation and eliminate confusion arising in law enforcement practice. Novelty: These recommendations will serve the correct qualification of cybercrimes and offenses involving high technologies in the future.
- References
-
B. Matmurodov, “Issues of qualification by the object of crime,” Review of Law Sciences (Yuridik Fanlar Axborotnomasi), no. 1, pp. 150–156, 2018.
M. P. Bikmurzin, “The Subject of Crime: Theoretical and Legal Analysis,” Cand. jurid. sci. dissertation abstract, Saratov, Russia, 2005.
V. D. Filimonov, Protective Function of Criminal Law. St. Petersburg, Russia: Yuridicheskiy Tsentr Press, 2003.
V. V. Khilyuta, “The subject of crime in the science of criminal law: Problems and contradictions,” Journal of Russian Law, no. 7, pp. 70–79, 2016.
M. Usmonaliyev and P. Bakunov, Criminal Law. General Part. Tashkent, Uzbekistan: Nasaf Publishing House, 2010.
N. S. Salayev and S. S. Niyozova, Problems of Qualifying Crimes (General Part). Tashkent, Uzbekistan: TSUL Publishing House, 2023.
X. R. Ochilov, Criminal Law (General Part). Tashkent, Uzbekistan: Yuridik Adabiyotlar Publish, 2022.
Team of Authors, Criminal Law (General Part). Tashkent, Uzbekistan: TSUL Publishing House, 2021.
[9] M. P. Bikmurzin, “The Subject of Crime: Theoretical and Legal Analysis,” Cand. jurid. sci. dissertation, Ufa, Russia, 2005, pp. 166–167.
V. V. Khilyuta, “The subject of crime in the science of criminal law: Problems and contradictions,” Journal of Russian Law, no. 7, pp. 70–78, 2016.
O. E. Spiridonova, “Symbol as a Subject of Crime,” Cand. jurid. sci. dissertation abstract, Kazan, Russia, 2002.
I. Ya. Kozachenko and G. P. Novoselov, Eds., Criminal Law. General Part. Moscow, Russia, 2010.
E. A. Mazurenko, Object and Subject of Criminal-Legal Protection of Crimes Against Property: Modern Problems of Qualification. Moscow, Russia, 2003.
A. N. Ignatov, K. V. Vishnevetskiy, and A. A. Kashkarov, “The content of the concept of ‘subject of crime’ in post-industrial conditions,” Bulletin of the St. Petersburg University of the MIA of Russia, no. 4(96), pp. 112–118, 2022.
I. V. Kuznetsov, “Concept and Types of Subjects of Crimes in the Criminal Law of Russia,” Cand. jurid. sci. dissertation abstract, Chelyabinsk, Russia, 2007.
A. F. Prostov, “Problems of Efficiency of Project-Targeted Management of Socio-Political Systems in Russia,” Cand. polit. sci. dissertation abstract, Moscow, Russia, 2005.
Supreme Court of the Republic of Uzbekistan, “Resolution No. 6 of April 30, 1999, ‘On judicial practice in criminal cases of embezzlement of another’s property by theft, robbery and extortion,’” Clause 91. [Online]. Available: https://lex.uz/uz/docs/7469894
R. Kabulov, A. A. Otajonov, et al., Criminal Law. General Part, 2nd rev. ed. Tashkent, Uzbekistan: Academy of the Ministry of Internal Affairs of the Republic of Uzbekistan, 2012; F. X. Khudaykulov, Corpus Delicti and Its Significance. Tashkent, Uzbekistan: TSUL Publishing House, 2025.
A. G. Korgulev, “The Subject of Crime in Modern Criminal Law: A Comparative Analysis of Analytical Philosophy and Existentialism,” Cand. jurid. sci. dissertation abstract, Krasnodar, Russia, 2021.
A. A. Otajonov and N. S. Salayev, Criminal Law: General Part. Tashkent, Uzbekistan: TSUL Publish, 2026.
K. K. Ramazanova, “International experience of patenting computer programs,” Bulletin of the Moscow University of the MIA of Russia, no. 3, 2017. [Online]. Available: https://cyberleninka.ru/article/n/mezhdunarodnyy-opyt-patentovaniya-kompyuternyh-programm
E. V. Shchelkonogova, “Artificial intelligence as an element of the corpus delicti,” in Guarding and Protecting Rights and Legitimate Interests in Modern Law: Proc. Int. Sci. Pract. Conf., vol. I, E. V. Evsikova and I. V. Khmil, Eds. Simferopol, Russia: Arial Publishing House, 2022, pp. 80–87.
- Downloads
- Published
- 2026-08-07
- License
-

This work is licensed under a Creative Commons Attribution 4.0 International License.
How to Cite
Similar Articles
- Ali Abdulhussein Gaber Aljashaam, STRATEGIC TRANSFORMATION IN THE AGE OF AI LINKING DIGITAL INNOVATION TO ORGANIZATIONAL EFFECTIVENESS , International Journal of Business, Law and Political Science: Vol. 2 No. 12 (2025): International Journal of Business, Law and Political Science
- Normanov Okhunjon, ISSUES OF LIABILITY FOR ROAD ACCIDENTS INVOLVING SELF-DRIVING VEHICLES EQUIPPED WITH ARTIFICIAL INTELLIGENCE TECHNOLOGIES , International Journal of Business, Law and Political Science: Vol. 2 No. 8 (2025): International Journal of Business, Law and Political Science
- Khaydarov Shukhratjon Jumaevich, THE OBJECTIVE SIDE OF THE CRIME OF ENDANGERMENT , International Journal of Business, Law and Political Science: Vol. 1 No. 6 (2024): International Journal of Business, Law and Political Science
- Utaev Khusniddin Khurramovich, HISTORY OF FRAUD CRIMES COMMITTED USING INFORMATION TECHNOLOGIES , International Journal of Business, Law and Political Science: Vol. 3 No. 9 (2026): International Journal of Business, Law and Political Science
- Turabaeva Ziyoda Yakubovna, ACTUAL ISSUES OF EXEMPTION FROM CRIMINAL LIABILITY OR PUNISHMENT OF MINORS IN SOME FOREIGN COUNTRIES , International Journal of Business, Law and Political Science: Vol. 1 No. 5 (2024): International Journal of Business, Law and Political Science
- Khasanov Shukhrat Erkinbayevich , STUDYING ADVANCED EXPERIENCES IN THE PREVENTION OF THEFT CRIMES IN FOREIGN COUNTRIES , International Journal of Business, Law and Political Science: Vol. 3 No. 1 (2026): International Journal of Business, Law and Political Science
- Gazibekov Khurshid Iskandarovich, SOME ASPECTS OF THE OBJECT AND SUBJECT OF THE CORPUS DELICTI PROVIDED FOR IN ARTICLE 273 OF THE CRIMINAL CODE OF THE REPUBLIC OF UZBEKISTAN , International Journal of Business, Law and Political Science: Vol. 1 No. 10 (2024): International Journal of Business, Law and Political Science
- Israilov Dilshod Shavkatovich, GENERAL CHARACTERISTICS OF IMPOSING PUNISHMENT ON MINORS , International Journal of Business, Law and Political Science: Vol. 1 No. 10 (2024): International Journal of Business, Law and Political Science
- Dwishar Kharismanto, Rifqi Ridlo Phahlevy, LEGAL LIABILITY OF STREAMERS RECIPIENTS OF DONATIONS FROM ONLINE GAMBLING SITES , International Journal of Business, Law and Political Science: Vol. 1 No. 10 (2024): International Journal of Business, Law and Political Science
- Topildieva Dilrabo Mirshakhidovna, ISSUES OF INVESTIGATION OF CRIMES IN THE FIELD OF MEDICAL TRANSPLANTOLOGY , International Journal of Business, Law and Political Science: Vol. 1 No. 8 (2024): International Journal of Business, Law and Political Science
You may also start an advanced similarity search for this article.













