LEGAL ANALYSIS OF CRIMES RELATED TO MASS DISORDERS AND PREVENTIVE ISSUES
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INN OVATIVE OFFERS IN EDUCATION AND SOCIETY American International Open Conference 2025 http://innoconferences.iblogger.org/ 1 LEGAL ANALYSIS OF CRIMES RELATED TO MASS DISORDERS AND PREVENTIVE ISSUES Nuratdinov Srajatdin Kamalatdinovich Independent researcher at the University of Public Security of the Republic of Uzbekistan ABSTRACT: This article provides a comprehensive legal analysis of crimes related to mass disorders, with particular emphasis on their legal qualification, constituent elements, and the grounds for criminal liability. The study examines the objective and subjective elements of offences associated with mass disorders, including the forms of participation, degrees of culpability, and the role of organizers and instigators. Furthermore, the article explores preventive issues within the framework of criminal law and criminology, highlighting both general and special prevention measures aimed at reducing the risk of mass disorders. Based on the findings, the article proposes recommendations for improving criminal legislation and enhancing preventive strategies to ensure public security and social stability. Keywords: crimes against public order; criminal liability; legal qualification; constituent elements of crime; prevention of crime; public security; law enforcement agencies; criminological prevention. Mass unrest and unrest occurring worldwide impact the security of states and disrupt the peace and tranquility of citizens. Organizing mass unrest by exploiting loopholes in legislation is one of the acts that harms this peace. Article 244 of the Criminal Code of the Republic of Uzbekistan establishes criminal liability for organizing mass unrest, active participation in it, and public incitement to violence against citizens. However, new criminal offenses related to mass unrest are
INN OVATIVE OFFERS IN EDUCATION AND SOCIETY American International Open Conference 2025 http://innoconferences.iblogger.org/ 2 emerging, so to address these problematic situations and challenges, it is crucial to enrich existing legislation with new provisions and conduct a scientific study of the prevention of mass unrest. The complex policies being pursued in some foreign countries are causing widespread unrest. This is because during periods of democratic transformation in society, mass rallies, marches, demonstrations, protests, and rallies are becoming increasingly popular. We are currently witnessing an escalation of conflicts and contradictions on several continents and in regions around the world, in countries near and far. Bloodshed in some regions, the escalation of conflicts and hostility, the emergence of such dangerous phenomena as nationalism and chauvinism—in short, growing tensions and increasing danger—cannot fail to concern us all. The threats threatening peace today are multifaceted and are no longer limited to any one country or region. For example, today's threats include such issues as international terrorism, radicalism, political and religious extremism, nationalism, ethnic and interethnic conflicts, transnational crime, as well as incitement of the population to commit crimes through conspiracy and slander, and the use of "non-combat methods" to seize power through mob violence. The study utilized methods such as systematic-structural, logical, historical, inductive and deductive, and statistical data analysis, as well as a comprehensive study of scientific sources. The work was written based on the theoretical views of legal scholars, international legislation, and an analysis of relevant national legislation and judicial practice. It was scientifically substantiated that various abuses occur due to civil servants' failure to comply with ethical standards and service rules. To prevent this, it is necessary to ensure transparency in the personnel selection process and effectively utilize electronic information programs, resort to state and public
INN OVATIVE OFFERS IN EDUCATION AND SOCIETY American International Open Conference 2025 http://innoconferences.iblogger.org/ 3 mechanisms for effective anti-corruption activities in the civil service, enhance the role of the prosecutor's office in the fight against corruption, take the fight against corruption in higher education to a new level, and prioritize identifying personal interests when resolving conflicts of interest. Previously, the Criminal Code did not provide for liability for: a) undergoing training for the purpose of committing mass riots, including training in the handling of weapons, explosives, and other objects posing a danger to others; b) financing the organization of mass unrest. It is no secret that mass unrest is a factor undermining peace in our country and our society. To fill the aforementioned gap, ensure peace and tranquility in our country, and guarantee the inevitability of criminal liability, Article 244 of the Criminal Code was supplemented with parts three, four, and five in accordance with Law of the Republic of Uzbekistan No. 1051 of March 27, 2025 [1]. In general, Article 244 of the Criminal Code of the Republic of Uzbekistan criminalizes incitement to mass riots and violence against citizens, organizing mass riots, and active participation in mass riots. However, given the current global situation, there is a need to improve national legislation in this area. In particular, according to the National Guard, cases of special training for organizers of mass riots in neighboring countries and the financing of mass riots have been identified. Furthermore, the Criminal Code of the Republic of Uzbekistan stipulates that a person who has committed a crime is exempt from criminal liability if they voluntarily report the crime to the authorities, actively assist in solving the crime, or identifying other persons who have undergone such training, who carried out, organized, or financed the training, as well as the location of the training, and if their actions do not contain other elements of a crime.
INN OVATIVE OFFERS IN EDUCATION AND SOCIETY American International Open Conference 2025 http://innoconferences.iblogger.org/ 4 Mass riots are understood to mean mass crimes affecting the sovereignty of the state, public order and security, as well as the personal safety of citizens, such as rape, arson, vandalism, theft, damage and destruction of state and private property, the manufacture and use of bladed weapons (firearms), explosives or flammable substances against the civilian population and government forces, resistance, disruption of the activities of the state, public organizations and institutions, as well as means of transportation, and in this case, events that force the use of radical measures to suppress them [2]. Before discussing the causes of mass unrest and the importance of preventive measures, it is appropriate to define the concept of mass unrest. Mass unrest refers to mass crimes that affect state sovereignty, public order and security, and the personal safety of citizens, such as rape, arson, vandalism, theft, damage to and destruction of state and private property, the manufacture and use of firearms, explosives, or flammable substances against civilians and government forces, resistance, disruption of the activities of the state, public organizations and institutions, and means of transportation. In these situations, the use of radical measures to suppress such crimes is necessary [3]. Mass riots pose a social danger because they disrupt the functioning of government bodies, spread widely throughout public order, threaten public safety, result in human casualties, and cause serious economic damage to the state (society, and individuals). Analysis of mass riots shows that this dangerous crime undermines the foundations of society, disrupts stability, disrupts the normal life of citizens, and disrupts the operation of businesses, institutions, and organizations. Criminal actions by large crowds are typically accompanied by aggression, intense interpersonal interaction, and the arousal of passions. As is well known, accurate information about the participants in mass riots, the scale of their illegal actions, and their material consequences is not always
INN OVATIVE OFFERS IN EDUCATION AND SOCIETY American International Open Conference 2025 http://innoconferences.iblogger.org/ 5 available, which partially limits the ability to combat this crime. Given the above, mass riots can be understood as mass actions expressed in various forms of violence, posing a real threat to society and the personal safety of citizens. Mass riots pose a social danger because they disrupt the functioning of government bodies, spread widely throughout public order, threaten public safety, result in human casualties, and cause serious economic damage to the state (society, and individuals). An analysis of mass riots shows that this dangerous crime undermines the foundations of society, disrupts stability, disrupts the normal life of citizens, and disrupts the functioning of businesses, institutions, and organizations. Criminal actions by large crowds are typically accompanied by aggression, intense interaction, and heightened passions. As is well known, accurate information about the participants in mass riots, the scale of their illegal actions, and their material consequences is not always available, which partially limits the ability to combat this crime. Given the above, mass riots can be understood as mass actions, expressed in various forms of violence, posing a real threat to society and the personal safety of citizens. Defining the concept of "crime prevention" implies identifying its main (specific) structural elements or components. Without such a thorough analysis, it is impossible to describe the general concept. From this perspective, crime prevention primarily means an action (a set of actions) or a system of coordinated actions—that is, the activities of individual social actors aimed at influencing specific objects and events (factors) in order to eliminate or neutralize the conditions and causes that give rise to crime. Many authors understand crime prevention precisely as an action (activity). A.A. Savchenko also believes that crime prevention is inherently closer to the concept of preventing crimes than to their detection. In his view, crime prevention includes physical actions aimed at preventing crimes [4].
INN OVATIVE OFFERS IN EDUCATION AND SOCIETY American International Open Conference 2025 http://innoconferences.iblogger.org/ 6 At the same time, a number of dictionaries also interpret the term "prophylaxis" as "prevention." The explanatory dictionary of the Uzbek language explains the concept of "prophylaxis" with the Greek word "prophylacticos", meaning "protector" or "preventive," and defines it as "measures taken to prevent the premature failure or breakdown of an event, mechanism, or machine". The structure of preventive activities should be considered from three perspectives: 1) reporting violations; 2) preventing them; 3) stopping the violation. Thus, prevention occurs when there are no instances of an infringement on the objects of administrative or criminal protection, that is, when the violation has not yet been committed. Prevention of a violation occurs at the preparatory stage, while stopping violations occurs when the illegal act is committed. From the above, it is clear that these definitions of violation prevention imply that it is not a limited activity aimed at preventing only one violation. Indeed, such activities are not the sole responsibility of the state or its authorized body; the desired results can only be achieved if all members of society demonstrate equal participation in such activities, demonstrate their civic commitment, and uphold their moral duty. Because if such activities are viewed as the sole responsibility of the state and its agencies, government agencies will not be aware of all violations occurring in society. And even if they are aware, due to the insufficient commitment of some officials to their duties, such socially harmful phenomena will not receive timely legal assessment, and there is a risk that the underlying causes will not be addressed.
INN OVATIVE OFFERS IN EDUCATION AND SOCIETY American International Open Conference 2025 http://innoconferences.iblogger.org/ 7 Mass riots are a manifestation of extremism in social relations, which, depending on the scale of the events, leads to divisions within social groups and disruption of the functioning of the state and society. A key and important characteristic of the modern world is that mass riots often arise for political reasons and are a means of challenging the current authorities with the goal of changing political course. Moreover, the leaders of protest movements possess political, financial, and informational resources. With the presence of analytical services and the implementation of prompt measures, mass riots cease to be spontaneous and can be fully predicted based on a number of emerging indicators in society. Mass riots in the penitentiary system can occur unexpectedly, pose a real threat to the lives of staff and inmates, and disrupt the normal functioning of the penitentiary institution. If information is received about impending mass riots, law enforcement agencies should prioritize preventive measures. Preventive operational measures are being organized and conducted, including raids to seize illegally possessed weapons, special equipment, and narcotics. It is necessary to conduct educational campaigns regarding the consequences that may arise from illegal actions, both for those attempting to organize illegal mass events and for citizens who have previously participated in such events and are included in law enforcement databases. Assuming that measures to prevent mass unrest have been unsuccessful and that these measures have not taken place for a variety of reasons, law enforcement agencies are faced with the primary task of putting an end to the development of criminally punishable mass actions as quickly as possible. Special preventive measures are most necessary and effective in the initial stages of the formation and implementation of criminal intent, as they are aimed at eliminating (minimizing) the conditions for the development of such criminal activity. Of particular importance are preventive measures aimed at society as a whole and/or specific groups that may
INN OVATIVE OFFERS IN EDUCATION AND SOCIETY American International Open Conference 2025 http://innoconferences.iblogger.org/ 8 be involved in mass unrest. Prevention aimed at specific groups of the population, primarily young people, involves taking measures to prevent the organization of mass riots, participation in them, and providing assistance to individuals belonging to such groups. Mass riots can occur: – near government (law enforcement) institutions and foreign embassies; – in populated areas (streets, parks, squares, markets); – during government, cultural, or mass sporting events; – at large industrial facilities (factories, plants); – in correctional facilities (prisons, penal colonies, pretrial detention centers, and jails), etc. A rally is a gathering held to discuss important events, political, or socioeconomic issues. A rally is usually understood as a gathering of a specific political group, mass movement, or industrial organization in a state of unrest or dissatisfaction with the actions of government authorities, in city centers to express their views and demands [5]. In preventing mass unrest, it is also important to reduce the negative (destructive) impact of the media and various internet resources on the population, especially young people. This primarily involves monitoring the information published (posted) in these resources to identify extremist and other prohibited content and subsequently blocking the relevant resource. It is also important to exercise caution when preparing and publishing (posting) information about crimes allegedly committed by individuals or representatives of foreign authorities, about the methods and means used to commit various crimes, about whether participants in certain illegal mass protests received monetary compensation from their organizers, etc.
INN OVATIVE OFFERS IN EDUCATION AND SOCIETY American International Open Conference 2025 http://innoconferences.iblogger.org/ 9 It is important to develop cultural and moral measures aimed at developing knowledge, skills, and competencies in adolescents and young adults about the specifics of state policy, the behavioral culture associated with fan support for a sports team, the culture of expressing political and other grievances, as well as legally and morally acceptable methods for resolving various social conflicts. Based on the above considerations, it can be said that a systemic approach is necessary to prevent mass unrest and establish appropriate criminal penalties. This work can only yield positive results if civil society institutions actively and consistently participate in preventing mass unrest. List of references 1. Ўзбекистон Республикасининг 2025 йил 27 мартдаги ЎРҚ-1051-сонли Қонуни. https://lex.uz/docs/7449690. 2. Багмет, Анатолий Михайлович. Массовые беспорядки как уголовно правовое понятие. Власть и управление на Востоке России 3 (2012): 124–126. 3. Багмет, Анатолий Михайлович. Массовые беспорядки как уголовно правовое понятие. Власть и управление на Востоке России 3 (2012): 124–126. 4. Савченко А.А. Соотношение понятий профилактики преступлений и предупреждения преступлений в современной юридической доктрине. https://www.sovremennoepravo.ru/m/articles/view/. 5. Хохрин С.А. Массовые беспорядки, совершаемые осужденными в исправительных учреждениях (уголовно-правовой и криминологический аспекты) // Уголовно-правовой и криминологический аспекты): дис... канд. юрид. наук. – 2011. – Т. 12. – № 08.