SIGNS OF THE OBJECTIVE SIDE OF CRIME AS A BASIS FOR FORMING THE CONCEPT OF THE ELEMENTS OF CORPUS DELICTI: ANALYSIS AND PROPOSAL

Признаки объективной стороны преступления как основа формирования представления об элементах corpus delicti: анализ и предложение
Feruzbek Khudaykulov
2022-03-15

classical German school of criminal lawcomparative criminal legislationcorpus delictielements of corpus delictiobjective side of crime
This article widely uses logical, systemic, logical-legal, comparative-legal research methods. In particular, first of all, the formation of the concepts of the structure of crime is analysed. Also, the role of the objective side of the crime in the formation of the concepts of the corpus delicti, the views expressed by scientists in the theory of criminal law are considered, after which individual subjective signs of the corpus delicti and their features are classified, developed on the basis of the signs of the objective side of the classical German school of criminal law. At the same time, the significance of the signs of the objective side of the crime in the development of the existing concept of corpus delicti in the modern theory of criminal law is described. In this article, based on the deduction method, the work reflects the concept of corpus delicti, taking the objective side of the crime as the basis of this doctrine, that is, corpus delicti – the composition of the law – the concept of corpus delicti. In addition, the article considers the specifics of the objective side of the crime in the formation and development of the doctrine of the corpus delicti and the concept of the corpus delicti, their specific criminal significance, as well as theoretical and practical problems associated with the elements of the corpus delicti, crime as the only basis for responsibility given in the Criminal Code of the Republic of Uzbekistan. At the same time, the criminal legislation of the CIS countries, in particular Russian Federation, Belarus and Moldova have been analyzed, specific proposals and recommendations are developed to improve the criminal legislation of the Republic of Uzbekistan.
1
Comparative analysis of CIS criminal legislation (Russia, Belarus, Moldova) informs specific proposals to improve Uzbekistan's criminal law regarding corpus delicti.
2
Individual subjective signs of corpus delicti are classified and developed based on objective-side features from the classical German school.
3
The paper analyses formation of crime structure concepts emphasizing the objective side as central to corpus delicti theory.
4
The study identifies theoretical and practical problems in current corpus delicti elements within Uzbekistan's Criminal Code, where crime is sole basis for responsibility.
5
Using deductive reasoning, the author frames corpus delicti as a legal composition concept grounded primarily in the objective side of crime.

The objective side of crime as the basis for forming the concept and elements of corpus delicti (criminal offense composition)

How signs/features of the objective side determine, classify and should inform the concept, structure and elements of corpus delicti in criminal law, including comparative analysis and legislative recommendations (focus on Uzbekistan and CIS countries)

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2022-03-15
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Feruzbek Khudaykulov
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