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18
Section 18. Jurisprudence
Jusupov Bolotbek Asanovich, candidate of law, associate professor "Criminal Law and Process" Osh State Law Institute (Kyrgyz Republic, Osh city
Orozov Jarkyn Junusovich, candidate of law, associate professor "Criminal Law and Process" Osh State Law Institute Kyrgyz Republic, Osh city E-mail: bolotbek1970@mail.ru
THEFT OF LIVESTOCK IN THE KYRGYZ REPUBLIC AS A SUSTAINABLE CRIME AND THE MEASURES TO COMBAT WITH THEM
Abstract: The main purpose of the work is to determine the content characteristics of crimes of cattle thefts, the state of disclosure, objective and subjective factors affecting the detection of crimes of this type. The research was carried out on the basis of general scientific methods of cognition, in particular system, system structural analysis.
The results of the research can be used in scientific research in this field, law enforcement practice of combating cattle theft, improvement of organizational and legal measures to combat cattle theft. Keywords: Kyrgyzstan, cattle theft, criminality, latency, investigation, discoverability.
Kyrgyzstan is one of the Central Asian states with an agrarian economy. The majority of the population live in rural areas and are engaged in breeding cattle. Because of the degree of public danger, Kyrgyz legislators have singled out cattle theft separately from property theft.
And knowingly slaughtering has a persistent tendency in the general array along with other crimes. In rural areas, it is the most common type of crime against property.
Cattle theft in the Kyrgyz Republic remains one of the most common and difficult to solve crimes.
In accordance with Article 163 of the Criminal Procedure Code of the Kyrgyz Republic, the disclosure and investigation of theft of livestock "In criminal cases of crimes against property" (Articles 164, 165, 167, 168, 170, 172-172-2, 174-177), cases of the Kyrgyz Republic [1].
One of the most important tasks of law enforcement bodies, including the internal affairs bodies of the Kyrgyz Republic, is the full protection of the property of citizens against criminal encroachments.
Despite ongoing preventive work and the disclosure of crimes of theft of livestock, the situation in the republic remains rather unconcerning.
For example, in 2012, more than 1,800 heads of livestock were stolen in the Republic, with a total value of more than 25 million soms (average market price). More than 1100 heads of livestock were returned to the owners. In most cases, ordinary villagers are victims, for whom livestock is the only source of livelihood. More than 470 persons were brought to criminal responsibility, about one hundred groups of cattle-slaves were exposed. Most of them committed crimes in small groups.
From this official statistics, it can be concluded that this crime is causing huge damage to the property of citizens of Kyrgyzstan. To study the current state of the investigation of theft of cattle in the Kyrgyz Republic, we believe it is acceptable to refer to empirical materials, as well as the results of a sample survey. According to the National Statistical Committee of the Kyrgyz Republic, the number of registered crimes for the next five years is as follows:
Number of recorded crimes by type [2, P. 15]. As can be seen from the table above, that in the general mass of crime in the Kyrgyz Republic, theft has a stable tendency.
Separate statistics on theft of livestock are not available, but at the same time it can be said that in the regional statistical departments such reporting can be traced. For example, in the Osh region.
THEFT OF LIVESTOCK IN THE KYRGYZ REPUBLIC AS A SUSTAINABLE CRIME AND THE MEASURES TO COMBAT WITH THEM
Table 1.
2011 2012 2013 2014 2015
Total 30520 28847 27217 27070 29100
Theft 12008 10848 9975 9029 9824
The total crime detection rate is 65% of all recorded crimes. Almost one-third of crimes remain uncovered. On the basis of the foregoing, it can be concluded that theft including cattle theft has a stable tendency.
Such a tendency of crimes in the Kyrgyz Republic remains unfavorable in the conditions of a legal democratic state.
According to the information and analysis center of the Ministry of Internal Affairs of the Kyrgyz Republic, the percentage of disclosure leaves much to be desired, for example: as ofJanuary 1, 2014, 36.3 percent remained undisclosed. That is, every third theft of livestock remains uncovered. Latency crime remains in these statistical reports.
Such facts are confirmed by our sample studies.
Over the past 8 months in the Osh region 407 facts of cattle theft have been registered, 118 of them were theft of cattle, 56 horses, 233 facts of small cattle.
According to the press service of the Main Directorate of the Ministry of Internal Affairs for the city of Osh and the Osh region, 38.2% of cattle stealing was committed in the Kara-Suu district.
During the operational-investigative measures, 207 animals from stolen cattle were returned [3]. The damage inflicted on the owners of stolen cattle is 9 million soms, of which only 6 million soms were reimbursed.
In the Aksy region of the Jalalabad region in 2013, 48 facts of cattle theft were registered, none ofwhich were uncovered. For the current year, 24 facts of theft of cattle were registered, only 4 facts were disclosed.
Over the past year in Aksy region there were 303 cases of cattle theft, including 72 theft of cattle, 15 horses, and 216 small cattle. According to the disclosed crimes, 34 cattle, 95 small cattle were returned to their former owners. According
Table
to statistics, it can be concluded that almost 90 percent of the theft of livestock remained undisclosed. The Aksy region, like the Aravan district, is located in the border zone with Uzbekistan, so this low disclosure of crimes of this category.
Most cases of cattle theft are committed at night with penetration into the premises, on pastures especially in the summer, in particular, stealing cattle and horses.
Criminals are informed in advance about the presence of livestock, in advance there is a thorough preparation, in most cases committed in complicity. Thus, about 98 percent of the thefts are committed by males, aged 23-36 years who do not work anywhere, as well as individuals with one-time earnings. A significant number of cattle robbery is committed by experienced criminals aged 35 to 40 years, using the most sophisticated methods. It should be noted that about one in five crimes are carried out by recidivists and persons previously convicted for theft.
An analysis of the investigative practice of the Kyrgyz Republic shows that cattle theft is most often committed in rural areas, at night, in the absence of masters. This is explained by the fact that the owners of livestock do not always look after. This allows criminals without special attention, to commit theft of livestock.
We believe that in order to effectively investigate crimes, including cases of theft of livestock, it is necessary to develop a complex of organizational and legal measures.
The general state of the investigation of cattle theft in the Kyrgyz Republic is significantly influenced by its geographic location, most criminal cases are registered in remote areas of Osh, Naryn, Jalalabad, Issyk Kul provinces. About 90 percent of the cases of theft of livestock are registered in the district departments of internal affairs.
Years Total population, thousand people Including In total population,% Number of inhabitants per 1 km
city a rural city city a rural city
2010 5418.3 1846.8 3571.5 34.1 65.9 27
2011 5477.6 1861.7 3615.9 34.0 66.0 27
2012 5551.9 1884.4 3667.5 33.9 66.1 28
2013 5663.1 1900.2 3762.9 33.6 66.4 28
2014 5776.6 1943.6 3833.0 33.6 66.4 29
2015 5895.1 1986.7 3908.4 33.7 66.3 30
2016 6019.5 2029.5 3990.0 33.7 66.3 30
For the general disclosure of these crimes, in our opinion, several objective and subjective factors influence:
The number and density of the population, the density of the population as ofJanuary 1, 2016 in the Kyrgyz Republic is [4, P. 45]:
As can be seen from the table above, almost two-thirds of the population lives in rural areas, for which livestock is the only source of livelihood.
Poorly developed infrastructure, unemployment, migration flows cause the commission of a crime, respectively, a high proportion of crimes of cattle theft in rural areas.
According to our sample data, the production of criminal cases in remote areas is one-third greater than in urban centers.
The current state of the investigation of cattle theft in the Kyrgyz Republic shows that cattle theft is most often committed in rural areas, at night, in the absence of masters. This is explained by the fact that the owners of livestock do not always look after. This allows criminals without special attention, to commit theft of livestock
We believe that for an effective investigation of crimes, including cases of theft of livestock, it is necessary to take a set of organizational and legal measures at the state level.
The general state of the investigation of cattle theft in the Kyrgyz Republic is significantly influenced by its geographical location of the country, most criminal cases are recorded in remote areas, Naryn, Jalalabad, Issyk-Kul. It is about 90% of the cases of theft of livestock registered in the district departments of internal affairs.
For the general disclosure of these crimes, in our opinion, several objective and subjective factors influence;
1. Almost two-thirds of the population lives in rural areas, for which livestock is the only source of livelihood.
Weak or insufficiently developed infrastructure, unemployment, migration flows cause the commission of crime, respectively, a high proportion of crimes of cattle theft in rural areas.
2. Geographical factor, many remote areas are located near the border areas, especially Jalabad, Osh, Batken oblasts, which makes it difficult to gather evidence (the extension of the jurisdiction of the state).
3. The bodies of internal affairs in rural areas are not provided with the appropriate number of vehicles, mobile communications, forensic technology, which in turn does not provide an opportunity to promptly disclose and investigate crimes.
For example, out of 112 forensic experts throughout the republic in Batken, Naryn, Osh, and Talas oblasts, only 1-2 units are allocated.
4. Weak provision of staff, many graduates prefer to work in urban centers, this is due to the lack of proper social and medical services, lack of housing, schools, kindergartens for children of employees of internal affairs.
5. Low wages, despite the premium for the high mountains, the salaries of the internal affairs officer remain low -from 10,000 soms to 14,000 soms. Here there is a place for corruption.
6. Corruption mechanisms in the law enforcement sphere, many criminal cases are not initiated or disclosed.
7. Low qualification of employees of law enforcement agencies investigating criminal cases on theft of livestock, because of the lack of highly qualified personnel in the position of investigator, other people who graduated from civilian universities work.
8. High latency of these crimes.
9. The very subject of the crime itself, easily without any effort, can be moved in space in most cases in uninhabited places, it is possible to carve for meat, the difficulties of identification of cattle.
10. There are facts of official fraud reporting, in order to increase the detection of crimes.
References:
1. The Code of Criminal Procedure of the Kyrgyz Republic, 1999. - 30-June,- No. 62. (as of November 22, 2017, No. 191). Information and Legal Center "Toktom" B. 2017.
2. National Statistical Committee, Kyrgyzstan in figures 2016.- 315 p.
3. Information Center of the Press Service of the Internal Affairs Directorate for Osh Oblast in 2014. - 14 August.
4. National Statistical Committee, Kyrgyzstan in figures 2016.- 45 p.
