Science and Education in Karakalpakstan. 2023 №2/1 ISSN 2181-9203 248
According to B. V. Zdravomyslov, “Forgery for the purpose of looting someone else’s
property is covered by the normative content of the criminal law related to forgery of documents,
because it includes, among other things, theft of someone else’s property through the use of official
representation” [10] .
In our opinion, the crime of robbing another person’s property does not include falsification
of documents, because falsification of documents is not considered a method of robbery in itself.
Forgery does not lead to possession of property if it is done without proper use of the document. For
this reason, it is necessary to qualify the use of such documents in the robbery of other people’s
property according to the set of crimes.
Job falsification can be done not only with robbery crimes, but also with other types of
crimes, and sometimes it is a method or means of their operation.
In cases where job falsification is committed along with other crimes against the State
administration, the interests of the State service and the interests of the service in local self-
government bodies, problems arise regarding the competition of norms and the qualification of the
real complex of crimes. The problem of separating the collection of criminal misdemeanors and the
competition of criminal-legal norms has not yet been fully resolved. As some authors noted, the
collection of crimes would have provided an opportunity to clearly distinguish between the actual
situations and the competition of criminal-legal norms, and to prevent many mistakes made by
courts and investigative organizations in the qualification of different categories of crimes [11].
During the study of criminal cases, preliminary investigation organizations and courts
qualify forgery and other crimes contrary to the State administration, the interests of the State
Service and the interests of service in local self-government bodies, as provided for in the criminal-
legal norms of various chapters of the criminal law shows that these norms face severe difficulties
when they compete with each other in resolving the question of the existence or absence of
agglomeration of crimes.
Sometimes a public dangerous act committed by an official corresponds to the signs
provided for in two, and in some cases - three articles of the Criminal Code. For this reason, the
features of the qualification of the act in the case of competing norms related to smuggling crimes,
such as abuse of power or delegation of power, bribery, embezzlement of the authority of an
official, require a separate analysis.
When determining the role and importance of the composition of the crime of forgery
position and its relationship with other official crimes, it is necessary to proceed from the following.
The forgery position has two aspects: on the one hand, it is a special type of crime of abusing power
or representation of a position provided for in Article 205 of the Criminal Code; on the other hand,
it is an official crime that has its own forms.
The fact that the crime of forgery position is considered a special component in the abuse of
the powers of the government or office is the basis for considering the misuse of power or
representation of a position as a “reserve” component, provided for in Article 205 of the Criminal
Code. The special norm clarifies the signs of the crime and differentiates responsibility, it is more
effective than the general norm from the point of view of prevention. The fact that people know that
the act they are thinking of committing is considered a crime in the criminal code, in general, has a
warning effect in many ways [12].
It should also be noted that, in practice, there are cases where actions similar to forgery
positions from the outside should be qualified not according to Article 205 of the Criminal Code,
but according to Article 209. As some authors have noted, such qualification is required in cases
where forgery is considered a method of abuse of power or authority and is combined with the
purpose and intent of the guilty official [13]. In such cases, when the whole and the department