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

of April 28, 2000 No. 8

About court practice on cases on illegal acquisition or sale of currency values

Illegal acquisition or sale of currency values encroach on currency monopoly of the Republic of Uzbekistan, they are quite often integrated to plunder, bribery, violation of the customs legislation and other crimes.

Studying of court practice showed that courts provide generally correct hearing of cases of this category. At the same time the mistakes connected with different interpretation of concept of currency values, the wrong qualification of crimes are made.

The requirement of the Law on punishment individualization is not always fulfilled, in some cases the money, values acquired in the criminal way do not address in the income of the state the due attention is not paid to establishment of sources of illegal acquisition of currency values, identification of the reasons and conditions promoting making of crimes.

With respect thereto, and also need of explanation of the questions which arose in court practice on cases on illicit trafficking in currency values the Plenum of the Supreme Court of the Republic of Uzbekistan

DECIDES:

1. By hearing of cases about illegal acquisition or sale of currency values courts shall take all measures provided by the law for comprehensive, complete and objective investigation of circumstances of the committed crime, paying special attention on establishment and accountability of all his participants, identification of sources of illegal acquisition of currency values, channels of their sale and to take necessary measures to elimination of the reasons and conditions promoting crime execution.

2. Draw the attention of courts that the list of currency values is established in the Section the eighth the Special part of the Criminal code of the Republic of Uzbekistan and is not subject to extensive interpretation. Are carried to such values:

foreign currency;

securities in foreign currency - share values (shares, bonds and others);

payment documents in foreign currency (checks, bills of exchange, letters of credit and others);

precious metals - gold, silver, platinum and metals of platinum group (palladium, iridium, radium, ruthenium and osmium) in any kind and condition, except for jewelry and other household products from these metals, and also scrap of such products;

natural gemstones - diamonds, rubies, emeralds, sapphires and alexandrite in the crude and processed type, and also pearls, except for jewelry and other household products from these stones and scrap of such products.

3. According to article 4 of the Law of the Republic of Uzbekistan "About currency control" treat foreign currency:

the bank notes which are in circulation and being legal means of cash payment in the territory of foreign state (group of foreign states) and also withdrawn or withdrawn from circulation, but which are subject to exchange bank notes;

means on bank accounts and in deposits in monetary units of foreign states (group of foreign states) and international cash or units of account.

4. Illegal acquisition or sale of currency values the acquisition or sale of currency values performed with violation of statutory rules - purchases, sale or exchange for the territories of the Republic of Uzbekistan at the time of their implementation is recognized.

5. Storage and transportation of currency values in itself do not form illegal acquisition or sale of currency values. The crime is considered ended from the moment of illegal transition of the property right to currency values.

6. No. 18 is excluded according to the Resolution of the Plenum of the Supreme Court of the Republic of Uzbekistan of 13.11.2015

7. The solution of question of reference of foreign currency to considerable, large or especially large sizes is within the competence of investigation authorities and court which at the same time shall be guided by the foreign exchange rate to monetary unit of the Republic of Uzbekistan the determined Central bank of the Republic of Uzbekistan, on the date of transaction.

8. Illegal acquisition or it is sold by citizens of currency values, made for the first time in the amount of below considerable, attracts responsibility under article 170 of the Code of the Republic of Uzbekistan about the administrative responsibility.

Illegal acquisition or sale of currency values in the amount of below considerable attracts responsibility on part one of article 177 UK if act is made repeatedly within year from the moment of pronouncement of the resolution on application of the administrative punishment applied for the same actions.

Illegal acquisition or sale of currency values in considerable size attracts responsibility on part two of article 177 UK.

If person aimed to acquire or sell illegally currency values in the considerable size or the size exceeding considerable however the intention implemented in parts, its actions are subject to qualification by the corresponding part of article 177 UK depending on the total amount of currency values.

9. In case of qualification of deeds in parts of the second, third and fourth article 177 UK in the resolution on attraction to participation in criminal case as the person accused, the indictment (indictment) and sentence it shall be reflected on what sign act of the guilty person is considered as made in case of aggravating circumstances. At the same time it must be kept in mind that qualification of deeds in parts of the second, third and fourth article 177 UK does not require involvement of person to the administrative responsibility for illegal acquisition or sale of currency values earlier.

10. Plunder of currency values by robbery, racketings, robbery, assignments or wastes, frauds, thefts, and also obtaining, bribery, mediation in bribery, bribery of the employee, commercial bribery, illegal receipt of material or property benefit by the employee in currency values, shall be qualified only under the relevant article of the Criminal Code providing responsibility for this crime, and additional qualification under Article 177 at the same time is not required.

11. No. 13 is excluded according to the Resolution of the Plenum of the Supreme Court of the Republic of Uzbekistan of 29.07.2016

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