THE IMPORTANCE OF FACULTATIVE SIGNS OF THE CRIMEʼS OBJECTIVE SIDE IN QUALIFICATION OF CRIMINAL ACTS

Abstract

The article widely uses logical, inductive, deductive, systematic, logical-legal, and comparative-legal research methods. In particular, the concept of qualifying crimes, the concept and structure of the facultative signs of the objective side of the crime, the specific criminal-legal description of the place, time, situation, method, weapon, and means of committing the crime, their structure, and one of them when qualifying the act—interaction with each other is described in detail. The scientific views and researches of scientists on the theoretical basis of the qualifying crimes and the facultative signs of the objective side of the crime in the theory of criminal law, as well as the similarities and differences between them, are described in detail. Also, the legal nature of the facultative signs of the objective side of the crime, its types, and its structure were comparatively analyzed, and the problematic aspects of them were identified and described sequentially. Based on the scientific views and approaches of scientists, the theoretical and practical aspects of the three specific criminal-legal significances of the objective side of the crime in the qualification of the act were analyzed, and they were called the “triple” with specific criminal-legal significance. At the same time, analyzing the theoretical bases of the qualifying crimes, the doctrine of criminal law, and the scientific research available in it, as well as the relevant norms of the criminal legislation of foreign countries, the norms of the special part of the Criminal Code related to the objective aspect of the criminal structure, and some of the Plenum of the Supreme Court of the Republic of Uzbekistan, reasonable theoretical proposals and recommendations have been developed regarding the improvement of the relevant clauses of the decision.