The established procedure for crossing the State Border of the Republic of Uzbekistan is intended to ensure mutually beneficial cooperation with foreign states, to carry out border, customs, sanitary-quarantine, veterinary and other types of control, to strengthen state independence, territorial integrity and inviolability of borders, to resolve border disputes peacefully, and to protect the vital interests of the individual, society and the state from external and internal threats.

Nevertheless, cases of violation of the established rules for crossing the State Border through illegal exit abroad or illegal entry into the Republic of Uzbekistan for unlawful purposes continue to occur.

Such acts may lead to disorder within the state, undermine national security, sovereignty and peace, contribute to an increase in other unlawful acts, and negatively affect relations with neighboring countries. Therefore, crimes related to illegal exit abroad or illegal entry into the Republic of Uzbekistan pose a high degree of social danger, and combating them constitutes one of the fundamental tasks of any state.

Article 223 of the current Criminal Code of the Republic of Uzbekistan establishes criminal liability for illegal exit abroad or illegal entry into the Republic of Uzbekistan. In the context of the ongoing liberalization of criminal liability and sentencing, a detailed analysis of the elements of these crimes, as well as the development of preventive measures to combat and prevent them, is of particular relevance.

Part Two of Article 223 of the Criminal Code provides for aggravating circumstances, one of which is specified in subparagraph “d” — the crossing of the State Border by a person whose right to enter the Republic of Uzbekistan has been restricted in accordance with the established procedure.

By the Law of January 4, 2013, the commission of this crime by a person whose right to enter the Republic of Uzbekistan is restricted was established as an aggravating circumstance under subparagraph “d” of Part Two of Article 223 of the Criminal Code.

However, no official clarification has yet been provided regarding this circumstance. Relevant provisions are contained only in the Procedure for Entry into and Exit from the Republic of Uzbekistan by Foreign Citizens and Stateless Persons, approved by Resolution No. 408 of the Cabinet of Ministers dated November 21, 1996.

Entry of a foreign citizen into the Republic of Uzbekistan may be denied if:
a) it is necessary in the interests of national security or public order;
b) it is required to protect the rights and legitimate interests of citizens of the Republic of Uzbekistan and other persons;
c) the person is found to be involved in the activities of foreign terrorist, extremist or other criminal organizations;
d) the person has intentionally provided false information about themselves or failed to submit required documents;
e) the person has previously violated the rules of entry, exit or stay of foreign nationals, as well as customs, currency or other legislation of the Republic of Uzbekistan;
f) the person suffers from a disease posing a threat to public safety and health, included in the list approved by the Ministry of Health of the Republic of Uzbekistan.

Pursuant to Clause 39 of the Regulation on the Procedure for Foreign Travel of Citizens of the Republic of Uzbekistan, approved by Presidential Resolution No. PQ–4079 dated December 26, 2018, grounds are established for refusing to issue a biometric passport for foreign travel. Logically, such persons fall within the category of individuals whose right to exit the Republic of Uzbekistan is restricted.

Only in cases expressly provided by law — namely, crossing the State Border of the Republic of Uzbekistan for the purpose of exercising the right to political asylum — does such entry not constitute the crime of illegal entry, provided that no other crime is present in the actions of foreign citizens or stateless persons.

In all other cases, the act entails criminal liability and punishment.

Thus, the crime of illegal exit abroad or illegal entry into the Republic of Uzbekistan occurs when a person crosses the State Border without valid documents granting the right to enter or exit, without the appropriate authorization obtained in accordance with the law, or, even if such documents exist, by crossing the border outside official border-crossing points.

In conclusion, the proposed improvements to Article 223 of the Criminal Code are aimed at eliminating ambiguities and gaps that arise in law-enforcement practice in this area.

Sanjarbek Rasulov
Jizzax shahar sudining raisi