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

of May 21, 2004 No. 4

About some questions of application of the law on liberalization of punishments for crimes in the field of economy

Studying of court practice showed that courts generally correctly apply the law on liberalization of punishments on cases on crimes in the field of economy.

At the same time, by hearing of cases, the crimes connected with making in this sphere, there are shortcomings and mistakes in case of application of the law, in particular, concerning qualification of crimes, assignment of punishment.

Courts not in all cases delimit penal act from administrative offense, the continued plunder from repeated that leads to acceptance of unreasoned decisions.

For the purpose of ensuring the correct application of the Law of August 29, 2001 "About modification and amendments in Criminal, Criminal procedure codes and the Code of the Republic of Uzbekistan about the administrative responsibility in connection with liberalization of criminal penalties" for crimes in the field of economy, being guided by article 17 of the Law "About Courts", the Plenum of the Supreme Court of the Republic of Uzbekistan decides:

1. Draw the attention of courts to need of steady observance of requirements of the law on liberalization of punishments by hearing of cases about crimes in the field of economy.

2. According to article 61 of the Code about the administrative responsibility plunder of property of the companies, organizations, organizations by theft, assignments, wastes, abuses of official capacity or frauds in the amount up to thirty basic settlement sizes forms structure of administrative offense.

The administrative responsibility comes also in case of repeated making of such offense if the size of the kidnapped person does not exceed thirty basic sizes of settlement size. At the same time does not matter how many times petty theft is committed.

The size of the kidnapped person is determined proceeding from the size of basic settlement size on the date of making of offense.

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