Science and Education in Karakalpakstan. 2023 №2/1 ISSN 2181-9203 247
whether the forgery position is committed after the completion of the crime of robbery of other
people’s property, in the process of its implementation or before its implementation, the actions of
the accused should be qualified according to the summary of the articles on the forgery position and
on the robbery of other people’s property.
This conclusion was clarified in the order of the Plenum of the Supreme Court of the
Republic of Uzbekistan dated May 21, 2004. According to the 8
th
paragraph of this order, if an
official has deliberately entered false information and records in official documents in order to
mitigate or hide the crime of robbery committed by him, it is clarified that his act should be
classified according to the set of crimes provided for in Articles 167 and 209 of the Criminal Code
[7].
For example, citizen “B” is an official who has been working since December 11, 2017 as
the director of “ELITA” limited liability company, which belongs to “Jizzakhpakhtasanoat joint-
stock company”. He did not ensure that the seed was stored at the level of standards and
requirements set by the State Standard of the Republic of Uzbekistan “Cotton seed” technical
conditions of the State Standard of the Republic of Uzbekistan 663-2017, Law “About Cereals”, the
President’s order of the Republic of Uzbekistan dated November 28, 2017 No. PO-3408 “On
measures to fundamentally improve the management system of the cotton industry”, the Law on the
“Procedure for the Establishment and Use of the Insurance Seed Fund” approved by the order of the
Cabinet of Ministers in April 2014. Regardless of the fact that the Joint-Stock Company was
entrusted with the task of storing seeds and delivering them to farms, he did not fulfill his duties as
required. As a result, the warehouse worker of the association allowed 622,557.7 kg of seeds worth
2,548,322,938 soums, 46,037.0 kg under the responsibility of the warehouse worker S. 240,428,261
sums, total 668.594, 7 kg. 2,788,751,198 sums worth of seeds to become unusable and caused a lot
of damage to state property.
“B” continued his criminal activities and entered into a criminal conspiracy with “U”, a
warehouse worker. He sold 1,243.2 kilograms of 7,818,484.8 soums of C65-24 selection seeds,
65,276,491 of 19,153.9 kilograms, 2 sums of S65-24 selection grade, 1,481.7 kilograms worth
7,075,117.5 sums Bukhara-102 selection grade and 15,105.5 kilograms worth 67,597.11 sums of
An-Boyavut-2 selection grade, totaling 36984.3 kilograms worth 147,767,206 sums to unknown
people whose identity was not identified in the investigation. That person entered official reports
and added false information and notes that the seeds are stored in the society, and robbed another
person by embezzling a huge amount of funds totaling 147,767,206 soums. “B” continued criminal
activities, pursued malicious and nefarious intentions, and made a criminal conspiracy together with
the chief accountant of the society Sh. He repeatedly falsified applications for employment of 20
persons who did not work in the society, employment contracts, orders of the director of the society
on employment, as well as signs for checking the arrival and departure of employees, added fake
information about the fact that the employees worked for 8 hours every day in the signboards,
transferred a total of 232,805,252 sums of wages to the plastic cards opened in the bank in their
name, and took these money equally among themselves, robbed someone else by embezzling a
large amount of money. He was found guilty by the court of committing the crimes listed in clause
1 of Article 207 of the Criminal Code, Clause “a” of 3rd Section of Lawcode 167, Clause “a” of
2nd Section of Lawcode 209, Clause “a” of 2nd Section of Lawcode 205 [8].
If the forgery position was used as a method or tool to facilitate or conceal any other crime,
including the theft of another’s property, there are no legal scholars who think about how to qualify
the accused’s act. For example, F. Z. Khalikov writes: “If the consequences of the forgery position
are grounds for charging a person with another crime (for example, looting state or public property),
then the accused’s act is classified as a set of crimes” [9].