HOOLIGANISM: CRIMINAL LAW QUALIFICATION PROBLEMS

Abstract

This article examines the qualification problems that are faced today during the investigation and preliminary investigation of criminal offenses, specific aspects of the proof process and aspects of legal regulation of these issues, the identity of the victim, his rights, and other issues related to the subject. The article also discusses the qualification threshold, which distinguishes crimes related to hooliganism from offenses related to petty hooliganism, as well as a dispositional comment on petty hooliganism. In addition, the article highlights the current cases of discriminatory interpretation of ambiguous sentences presented in the disposition of a crime related to hooliganism and a crime related to petty hooliganism using practical examples. At the same time, the lack of a unanimous understanding in the legislation of the concept of “public place” in relation to the crime of hooliganism was criticized, and a legal definition of this proposal was developed. It also provides a classification of public places and proves that legislation should strictly list places that are not considered public places. The research used such methods as analysis, synthesis, induction, deduction, and comparative legal analysis. During the research, advanced foreign experience, scientific and theoretical views, and investigative and judicial practice were studied, as a result of which proposals and recommendations were developed for making appropriate amendments and additions to the Criminal Code of the Republic of Uzbekistan and other legislative and subordinate acts.