PROBLEMS OF CRIMINAL-LAW QUALIFICATION IN THE APPLICATION OF ARTICLE 167 OF THE CRIMINAL CODE OF UZBEKISTAN: A COMPARATIVE LEGAL ANALYSIS

Abstract

 This article examines the problems of criminal-law qualification arising in the practical application of Article 167 of the Criminal Code of the Republic of Uzbekistan (misappropriation or embezzlement of entrusted property). The relevance of the study is conditioned by the growth in property-related crimes and the increasing need to correctly distinguish related corpus delicti, particularly under Articles 167, 168, 169, and, in certain cases, Article 170 of the Criminal Code. Using official statistical indicators as contextual evidence, the study highlights the practical risks of hasty qualification based on shortages, documentary inconsistencies, or the formal presence of a “trust” element.The article identifies four key groups of qualification problems: (1) determining the practical boundaries between “entrusted property” and property merely under the offender’s factual control; (2) distinguishing criminal misappropriation/embezzlement from inventory shortages and breaches of economic/management discipline; (3) delimiting Article 167 from official/malfeasance crimes and resolving issues of concurrence of crimes; and (4) ensuring uniform application of the General Part norms in sentencing, including the proper use of rules on individualization of punishment.The study applies a systemic approach, formal-legal analysis, logical-analytical examination of law-enforcement practice, comparative legal analysis, and the analysis of official statistical indicators. A comparative review of the legislation of Russia, Kazakhstan, and Germany demonstrates both conceptual similarities and differences in normative drafting techniques. The findings show that while the Uzbek model is conceptually consistent with the post-Soviet codification tradition, further methodological clarification of key criteria and a more consistent interpretation of qualifying features are necessary to improve uniformity and accuracy in law enforcement practice.