Document from CIS Legislation database © 2003-2025 SojuzPravoInform LLC

RESOLUTION OF THE PLENUM OF THE SUPREME COURT OF THE REPUBLIC OF UZBEKISTAN

of June 14, 2002 No. 9

About court practice on cases on hooliganism

(as amended on 16-12-2024)

For the purpose of ensuring the correct application of the laws in court practice on cases on hooliganism, based on Art. 17 of the Law "About Courts" Plenum of the Supreme Court of the Republic of Uzbekistan decides:

1. Explain that hooliganism - the crime directed against public order, which is expressed in willful neglect rules of conduct in society, integrated to beating, the causing slight injuries either destruction or damage of alien property which caused significant damage. Qualification of act as regards 1 article 277 of the Criminal code does not require availability at the same time of all above-mentioned effects.

Rules of conduct in society it is necessary to understand gross violation of public order (system of interactions of people, rules of their behavior, way of public life) established in regulatory legal acts, moral standards and morality, by customs, traditions as willful neglect. Gross violation of public order is expressed in committing by person any of the actions provided in disposition of part one of article 277 UK.

In law sense the guilty person shall understand that he the actions disturbs the public peace. At the same time availability of causal relationship between the specified wrongful acts and disorderly conduct is obligatory. In the absence of causal relationship act shall be estimated as the crime directed against the personality or property.

2. Courts shall distinguish penal hooliganism from offense in the form of disorderly conduct for which the administrative responsibility is established. The concept of disorderly conduct is this in article 183 of the Code of the Republic of Uzbekistan about the administrative responsibility according to which disorderly conduct is the open neglect rules of conduct in society expressed in strong language, the statement of obscene words in public places, offensive sticking to citizens, the cynical tricks and other similar actions disturbing the public peace and tranquility of citizens. At the same time the criminal effects provided in part 1 of article 277 of the Criminal code shall not take place. It is impossible to qualify the disorderly conduct committed by group of persons on the Item of part 2 of article 277 of the Criminal code if in actions of offenders there are no signs of part 1 of article 277 of the Criminal code.

The concept of disorderly conduct is this in article 183 of the Code of the Republic of Uzbekistan about the administrative responsibility according to which, disorderly conduct is the willful neglect rules of conduct in society expressed in strong language in public places, offensive sticking to citizens, and other similar actions disturbing the public peace and tranquility of citizens. At the same time the criminal effects provided in part 1 of article 277 of the Criminal code shall not take place. It is impossible to qualify the disorderly conduct committed by group of persons on the Item of part 2 of article 277 of the Criminal code if in actions of offenders there are no signs of part 1 of article 277 of the Criminal code.

If disorderly conduct continues and the subsequent actions of the guilty person are made with the drawing beating, causing slight injuries either destruction or damage of property which caused significant damage, person is not subject to the administrative responsibility, and is brought only to trial.

3. For qualification of act as regards 1 article 277 of the Criminal code there is enough causing to person of slight injury from hooligan motives. At the same time does not matter whether disorder of health entailed bodily harm or not.

It is necessary to understand the intentional violation by the guilty person of the rules of conduct established in society, integrated to drawing to person of numerous blows without causing bodily harms as beating.

4. For qualification of act on the Item "in" part 2 of article 277 of the Criminal code it is enough only demonstration during hooligan actions of cold weapon or objects which use can objectively do harm to health of the person. At the same time does not matter whether there was attempt of their application or not, however the court shall consider this circumstance in case of assignment of punishment.

The victim needs to understand drawing or attempt of drawing by the guilty person as use of cold weapon or objects which use can objectively do harm to health of the person during hooligan actions of bodily harms by means of these objects.

Courts in case of recognition of the crime instrument cold weapon or subject which can be used as cold weapon should be guided by the concepts stated in the Law of the Republic of Uzbekistan "About weapon". In necessary cases for decision making on the matter judicial and criminalistic examination can be appointed.

As objects which use can objectively do harm to health it is necessary to recognize any objects which were used by the guilty person for present purposes.

5. Qualifying hooliganism on the Item "g" of part 2 of article 277 of the Criminal code, the court shall specify in sentence what specifically actions of the guilty person it carries to exclusively cynical.

In case of the solution of question of recognition of hooligan actions exclusively cynical it is necessary to proceed from assessment of the specific facts of the case in their set, considering nature, time, the place and conditions of crime execution.

6. The hooligan actions of the guilty person made in the form of mockery at juveniles, aged by persons with disability or the other persons who are down and out shall be qualified on the Item "d" of part 2 of article 277 of the Criminal code.

Mockery is understood as physical torture of person or its torture.

According to law sense, determination "juvenile" means person which did not reach fourteen-year age. "Aged person" it is necessary to understand the woman who reached 55 years or the man who reached 60 years as determination. The term "disabled person" means person recognized in accordance with the established procedure by the disabled person I, II or III groups or the disabled person since the childhood.

Warning!!!

This is not a full text of document! Document shown in Demo mode!

If you have active License, please Login, or get License for Full Access.

With Full access you can get: full text of document, original text of document in Russian, attachments (if exist) and see History and Statistics of your work.

Get License for Full Access Now

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info

Effectively work with search system

Database include more 50000 documents. You can find needed documents using search system. For effective work you can mix any on documents parameters: country, documents type, date range, teams or tags.
More about search system

Get help

If you cannot find the required document, or you do not know where to begin, go to Help section.

In this section, we’ve tried to describe in detail the features and capabilities of the system, as well as the most effective techniques for working with the database.

You also may open the section Frequently asked questions. This section provides answers to questions set by users.

Search engine created by SoyuzPravoInform LLC.