ISSUES OF QUALIFICATION OF THE ACT WITH THE NORMS OF THE CRIMINAL CODE WITH ADMINISTRATIVE PREJUDICE

In this article, the author covered the issues of qualification of the act with the norms of administrative pre-criminal law. The author notes that in some cases there is a need to apply an administrative precedent in the implementation of criminal liability, in particular, in the qualification of the act. Administrative preposition refers to the fact that, in order to find an act as a crime, an administrative penalty was imposed on the person who committed it for such an act before, and this condition is fixed in the article belonging to a special part of the criminal law. In this case, it should be noted that in accordance with Article 37 of the Code of administrative responsibility of the Republic of Uzbekistan, a person who has been sentenced to administrative punishment has not committed a new administrative offense within a year from the date of the expiration of this punishment, this person is considered not subject to administrative punishment. In the process of applying the rule of administrative preposition, it is noted that it is necessary to take this rule into account. Also included were the views of scientists on the civil precedence, scientific and theoretical views on whether or not it should be in criminal law, as well as the author's pose. In the article administrative preposition by the author the specificity of legal liability only for the type of criminal liability, the fact that administrative pre-criminal content, due to its nature and social danger, belongs not only to the category of crimes that are not at great social risk, but also not very serious, the specificity of administrative pre-criminal content to acts committed only intentionally, according to the sign of the subjective side, when qualifying an act with the norms of administrative pre-criminal law, attention should be paid to the fact that the necessary sign of the objective side of the content of this type of crime should be committed after the application of administrative punishment for such an act in relation to a person, the fact that in some norms of criminal law the reflection of administrative precedence does not fully meet the principles of humanism and Justice, the fact that the repeated Commission of an administrative offense within a year does not increase either the quality indicator of the crime or the level of social danger, it is justified that the consequences of liability should also be terminated after the person is brought to justice for the act committed.