ISSUES OF QUALIFYING AN ACT ACCORDING TO THE SUBJECT OF CRIME IN COMPETITION WITH LEGAL NORMS

The article describes some considerations by the author on the issues of qualifying an act according to the subject of the crime in competition with legal norms. Also, the author notes that, as you know, committing an act in which all the signs of the content of the crime are present, becomes the basis for bringing the individual to justice. Therefore, in order to criminalize a person and apply a criminal punishment or other measure of legal influence on him, it is necessary to clearly indicate which norm of the law is violated, what signs of the composition of the crime are in the act. This task is performed by means of qualifying for crimes. Article 488 of the Criminal Procedure Code of the Republic of Uzbekistan provides for cases of improper application of the norms of the Criminal Code, which in turn form the basis for canceling or changing the sentence. Thus, qualification must be justified, legal, correct and complete. Because qualification is a fundamental element of legality in criminal law, it makes it possible to distinguish one crime from another, it becomes the basis for making an act a crime, determining the criminal-legal and procedural consequences of a crime, and prescribing a fair punishment. As long as the act is not properly qualified, the principles of legality, justice and responsibility for guilt are violated. For this reason, it serves to ensure fair liability only in the process of applying the law, precisely following the requirements of criminal law and giving the correct legal assessment of the act.

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