Международный научно-образовательный электронный журнал «образование и наука в XXI веке»
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Keywords: mental disorder, sanity, criminal code, law, psychogenia, classification. INTRODUCTION In the Republic of Uzbekistan, consistently and gradually move the processes of deepening of judicial reforms and modernization of the country. The primary goal of judicial reforms - on the one hand, strengthening the status of the judiciary as an effective means to protect the rights, freedoms and lawful interests of citizens, and secondly, to ensure genuine independence of the judge, increasing the role in the formation of a humane, democratic state and civil society. The Criminal Code of the Republic of Uzbekistan, adopted on 22 September 1994 and comed into force on 1 April 1995, it is the only source of criminal law. It should be noted, that the criminality, penality and other legal consequences of the criminal act are determined only by the Criminal Code of the Republic of Uzbekistan. The aim of the Criminal Code is to protect the individual, his rights and freedoms, interests of society and the state from criminal encroachments. A person who commits a crime, in order to achieve the result of a criminal commits certain acts and wants to attack criminal consequences. But, in some cases as a result of these acts a person does not achieve his pursued aim. Although in such cases there is no encroachment on the specific social relations, it is not harmful, but there is a public danger. Therefore, the criminal law establishes criminal liability for an uncompleted crime – preparation for crime and criminal attempt [1, p. 1729]. DISCUSSION First of all, it is necessary to understand the concept of mental anomalies in order to further carry out their classification. However, it will not be easy to do this, because, despite the fact that this term is widely used not only in the field of scientific vocabulary, but also in the practical activities of expert psychiatrists, practicing psychiatrists and psychologists, a unified understanding of this term has not yet been developed, although attempts to come to a common opinion have been made on several occasions. So, according to the point of view of R.I. Mikheev and A.V. Mikheeva, “mental anomalies are such an inborn or acquired functional or physical change in the brain, which, reflecting on different aspects of the subject's mental activity, affects the content and nature of its socially significant behavior, including socially dangerous behavior ” [2, p. 48]. S.A. Golumb under mental abnormalities, which does not exclude sanity, understands certain mental diseases and pathological states of the psyche or other disorders of neuropsychic activity that have not reached the degree of mental 636 illness, which deprives the person of the opportunity to be aware of his actions and due to emotionally - volitional or intellectual pathology to guide them during the period of the crime [3, p. 5]. In the psychiatric literature, the content of mental anomalies is defined somewhat differently. For example, the German psychiatrist G. Binder included among such anomalies such forms of functional anomalies in which disintegration is expressed mainly in the mental sphere, where mental factors are leading in the general system of painful phenomena. These violations are mainly quantitative deviations from the norm [4, p.148]. According to Y.M. Antonyan and S.V. Borodin, when trying to determine mental anomalies, the following circumstances should be taken into account. Mental abnormalities include, first of all, structural or functional abnormalities of a stable nature, caused by disorders of prenatal development, for example, oligophrenia and nuclear or constitutional psychopathies. Further, such anomalies can include marginal psychopathies, pathocharacterological developments, residual phenomena of organic damage to the central nervous system of traumatic etiology, etc. It should be noted that mental abnormalities contribute to the emergence and development of such character traits as irritability, emotional imbalance, hot temper, anger, cruelty, aggressiveness. Mental abnormalities contribute to a decrease in the level of control over volitional actions. They interfere with the normal life of a person, concentrated engagement in certain types of activity. Of course, one cannot but agree with the opinion of the above authors on the concept of mental anomalies. However, it must be borne in mind that mental anomaly is primarily a medical concept, and it belongs to the number of problems studied by medicine. Within the framework of legal science, the concept of "mental anomaly" is applied insofar as a mental anomaly is related to the socially dangerous behavior of a person who has committed a socially dangerous act. It should be said that the study of this phenomenon by psychiatrists is of great help to the criminological study of mental anomalies. However, as you know, for many centuries, priests, monks, philosophers, anyone, but not doctors, were engaged in mentally ill patients. The patients were stoned, burned at the stake, and imprisoned for life. Mental patients who could be used as cheap labor were auctioned off. A similar inhuman attitude towards the mentally ill took place even in the middle of the last century. An example of this is the 200,000 mentally ill people killed in Nazi Germany. By the beginning of the 20th century, the clinic of many mental patients was thoroughly studied, the symptoms and syndromes of many mental disorders and mental abnormalities, as well as the method of their treatment, became known. Assessment of neuropsychic diseases and anomalies has become traditional for many works on psychiatry [5, p. 292]. The development of the theory of psychopathies in the first half of the 20th century in Russian psychiatry is primarily associated with the research of N.B. Gannushkin and representatives of his school. In the early 70s, the term "psychopathy" in the psychiatric literature was replaced by - "personality disorder". To date, psychiatric science offers various options for classifying mental abnormalities. The most developed is the grouping according to complex criteria. жүктеу/скачать 12,18 Mb. Достарыңызбен бөлісу:
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