THE PRINCIPLE OF LEGALITY IN UZBEK AND GERMAN CRIMINAL LAW: SOME ASPECTS

The criminality, punishability of an act and other legal consequences of its commission are determined only by the Criminal Code. In the operation of the criminal law in time a necessary element is the determination of the moment of the commission of the crime and on the basis of the official doctrine, the time of the commission of a crime is determined depending on the type of composition of crimes. There is an exception to the general rule of the operation of the criminal law in time and consists in extending the operation of the criminal law to acts committed before its entry into force. According to § 8 of Criminal Code an offense is committed at the time when the principal or the participants acted, or, in the case of an omission, should have acted. The time when the result occurs is irrelevant. It is not determined which criminal law is applicable: "at the time of the commission of the crime", "at the time of the onset of these consequences" or "at the time of the resolution of the case". In our opinion in researching this topic we should collect and analyze legal studies of Germany, other developed European countries on a principle of legality, studying scientific doctrinal basis of the judicial position on principle of legality.

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