Abstract

Problem Statement: In the evolving legal landscape of Central Asia, particularly in Uzbekistan, criminal law has traditionally been viewed through a formalistic and dogmatic lens, focusing primarily on the mechanics of the Penal Code and state-mandated retribution. However, as the region undergoes profound social and political transformations, this narrow approach fails to account for the complex interaction between penal practices and social structures. This paper argues for the institutionalization of the "Sociology of Punishment" as a necessary theoretical framework to understand how justice, power, and society intersect in modern Uzbekistan.

Methodology and Objectives: Drawing on the sociological traditions of Émile Durkheim, Michel Foucault, and David Garland, this research analyzes the transition of the Uzbek penal system from a purely punitive model to a more socially integrated approach. The study utilizes a qualitative analysis of recent judicial-legal reforms (2022–2026) and examines how social cohesion and public policy influence the state's "right to punish." The objective is to demonstrate that punishment is not merely a legal consequence of a crime but a dynamic social institution that reflects the collective conscience and cultural values of the nation.

Key Arguments: The paper explores three critical dimensions of this emerging theory:

Social Control and Legitimacy: How the shift toward "humanization" in criminal law serves as a tool for state legitimacy and social stability in a rapidly changing Central Eurasian context.

The Communicative Function of Punishment: An analysis of how penal sanctions communicate societal boundaries and moral norms to the public.

Rehabilitation and Social Reintegration: Examining the necessity of moving beyond incarceration toward a socio-psychological model that prioritizes the offender’s return to society, aligning with the proposed "Social-Psychological Legal Clinics" in the region.

Conclusion and Significance: The research concludes that integrating sociological insights into criminal jurisprudence is essential for the success of legal reforms in Uzbekistan. By understanding punishment as a social phenomenon, legal scholars and policymakers can develop more effective strategies for crime prevention and social rehabilitation. This paper contributes to the conference theme by rethinking the "Spaces of Power" within the courtroom and the prison, offering a fresh perspective on how societies in Central Eurasia define justice and maintain social order in the 21st century.