THE CONCEPT AND SOCIAL CONTENT OF ADDITIONAL PUNISHMENT

Abstract

In the criminal legislation of our country, punishments are traditionally divided into main and additional punishments. Such a classification is also present in the criminal legislation of most foreign countries, which serves to improve criminal law policy and individualize punishment. As a result of this differentiation of punishments, there is a need to conduct scientific and theoretical discussions about the essence, purpose, tasks of additional punishments, as well as their socio-legal significance. Problems related to the essence and legal nature of additional punishments arise due to the general definition of punishment in the Criminal Code of the Republic of Uzbekistan, that is, its clear division into main and additional types. A similar situation is observed in the purposes of punishment, the procedure for its imposition, and the process of its application. The specifics of additional types of punishments are manifested within the framework of the conditions for imposing these punishments, their content, the procedure for their application, issues of exemption from serving a sentence, the status of convictions, amnesty and pardon processes. The normative-legal basis of punitive measures is established by the legislator, and their specific list can be considered as the main type of punishment of a criminal-legal nature. At the same time, the possibility of fully achieving all its goals as a result of applying any main punishment to specific circumstances of the commission of a crime is not always guaranteed. In this article, based on the above circumstances, the concept of additional punishment is discussed in detail, and the author’s conclusions and proposals on the topic are presented.