THE ROLE OF THE OBJECTIVE SIDE OF THE CRIME IN THE CLASSIFICATION OF MITIGATING FACTORS

Abstract

In this article, an in-depth analysis of the definition of the objective side of the crime is performed and clarification of the role of this element of the composition of the crime in the operation of the institution of mitigation of punishment is made. In the theory of criminal law, although  the elements of the composition of crime in the classification of aggravating factors are considered one of the generally recognized approaches, however, there is no common point of view among scientists regarding the classification of mitigating factors, in particular the consideration of elements of the composition of crime as criteria. In this regard, the research examines points of view of scientists of the countries of the Commonwealth of the Independent States, the legal system and criminal legislation of which are similar in legal content to the existing Criminal Code of the Republic of Uzbekistan, regarding the concept of the objective side of the crime and the issues of classification of mitigating factors, while in the classification of mitigating factors, special attention is paid to the role of the objective side of the crime, which is one of the elements of the composition of crime, proposals are provided in the framework of classification of mitigating factors.