The Concept of Criminal Punishment Not Related to Deprivation of Liberty

Background: Imprisonment is costly, often ineffective in preventing reoffending and socially harmful, yet in Uzbekistan many people are still isolated from society for less serious offences, and the terminology of non-custodial sanctions (alternative punishments, alternatives to deprivation of liberty, alternative measures) is used inconsistently. Objective: The article analyzes the concept of non-custodial criminal punishment on the basis of the experience of Uzbekistan and other countries, clarifies the related terms and assesses current trends in the application of such punishments. Methods: The study applies formal-legal and comparative analysis of the Criminal Code of the Republic of Uzbekistan, the 1990 United Nations Standard Minimum Rules for Non-custodial Measures (the Tokyo Rules) and the doctrinal literature, together with an analysis of official statistics for 2020. Results: In 2020, 22,153 persons were serving punishments not involving separation from society, against 7,153 held in places of detention; nevertheless, such penalties remain rarely applied compared with countries with developed legal systems. The analysis reveals terminological confusion and leads to a five-part classification that distinguishes alternatives to criminal liability, alternative measures, alternative measures to punishment, alternative punishments and alternatives to deprivation of liberty. Conclusion: Alternative punishments, understood as principal punishments in the Criminal Code that do not involve isolation from society, are more humane, more favourable for resocialization and economically more feasible than imprisonment. The article recommends expanding their use, systematically evaluating their application and ensuring a consistent understanding of these concepts in law-enforcement practice.