PROBLEMS OF REFORMING THE UN SECURITY COUNCIL AND IMPROVING ITS EFFECTIVENESS

The most important legal result of the World War II was the Charter of the United Nations (UN) – a universal international treaty, aimed at saving future generations from the disasters of a new world war by creating the UN Security Council, which was entrusted with the main responsibility for maintaining international peace and security. However, during the entire period of its activity, the UN Security Council was often paralyzed and could not significantly influence the world situation.The article discusses possible models for improving the activities of the body, the expansion of its membership, the problems of working methods, including the use of the veto, and also analyzes the positions of the Member states of the Organization on the reform of the UN Security Council. In conclusion, the need for reforms of the Security Council system to ensure peace and cooperation of the States of the world community is emphasized.

VOLUME 3 ISSUE №1 E-ISSN: 2181-1024 A P R Volume I L1 (2022) 3, Issue 2022 TSUL Legal Report 1

12.00.02 – CONSTITUTIONAL LAW. ADMINISTRATIVE LAW. FINANCE AND CUSTOMS LAW

TSUL LEGAL REPORT INTERNATIONAL ELECTRONIC SCIENTIFIC JOURNAL

Rustambekov Islambek Rustambekovich Deputy Rector on Academic Affairs, Tashkent State University of Law, Doctor of Law, Professor

Salaev Nodirbek Saparbaevich Deputy Rector on Research and Innovations, Tashkent State University of Law, Doctor of Law, Professor

Latipov Samir Ildusovich Director of the Center for Legal Initiatives and Innovations, Tashkent State University of Law

Nematov Jasur Aminjonovich Professor of the Tashkent branch of the Russian University of Economics named after GV Plekhanov

Umarkhanova Dildora Sharipkhanovna Dean of the Faculty of International Law and Comparative Legislation, Tashkent State University of Law, Doctor of Law, Associate Professor

Abzalova Khurshida Mirziyatovna Acting Professor of the Department of Criminal Law, Criminology and Anti-corruption, Tashkent State University of Law, Doctor of Law

Nematov Jurabek Nematulloyevich Acting Professor of the Department of Administrative and Financial Law, Tashkent State University of Law, Doctor of Law

Akhmedova Guzalkhon Utkurovna Associate Professor of Criminalistics and Forensic Examination Department of Tashkent State University of Law, Doctor of Law

Ergashev Ikrom Abdurasulovich Head of Scientific Department, Tashkent State University of Law, Associate Professor, Doctor of Philosophy in Law.

Yusupov Sardorbek Bahadirovich Head of the Department of Administrative and Financial Law, Tashkent State University of Law, Associate Professor, Doctor of Philosophy in Law

Gafurova Nozimakhon Eldarovna Head of the Department of International Law and Human Rights, Tashkent State University of Law, Associate Professor, Doctor of Philosophy in Law

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Khujaev Shokhjakhon Akmaljon ugli Head of Intellectual Property Law Department, Tashkent State University of Law, Doctor of Philosophy in Law

Uzakova Guzal Sharipovna Head of Environmental Law Department, Tashkent State University of Law, Associate Professor, Doctor of Philosophy in Law

Turdiev Khayitjon Usmonkul ugli Acting Associate Professor of the Department of Theory of State and Law, Tashkent State University of Law, Doctor of Philosophy in Law

Ramazonova Nargiza Abdirashidovna Head of the International Relations Department, Intellectual Property Agency under the Ministry of Justice of the Republic of Uzbekistan, Doctor of Philosophy in Law

Kurbanov Maruf Mamadaminovich Acting Associate Professor of the Department of Criminal Law, Criminology and Anti-corruption, Tashkent State University of Law, Doctor of Philosophy in Law

Narziev Otabek Sadievich Acting Professor of International Private Law Department, Tashkent State University of Law, Doctor of Philosophy in Law

Pirmatov Otabek Shavkatovich Acting Associate Professor of the Department of Civil Procedural and Economic Procedural Law, Tashkent State University of Law, Doctor of Philosophy in Law

Yakubova Iroda Bakhramovna Acting Associate Professor of Intellectual Property Law Department, Tashkent State University of Law, Doctor of Philosophy in Law

Shamsutdinov Behruz Sadriddin ugli Head of the Department of Commercialization of Scientific and Innovative Projects, Tashkent State University of Law

Saydakhmedov Umid Murodovich Judge for Economic Affairs, Tashkent Regional Court, Doctor of Philosophy in Law, Associate Professor

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Contacts Editorial office address: Tashkent, st. Sayilgoh, 35. Index 100047. Principal Contact Tel.: ([phone number hidden] Fax: ([phone number hidden] E-mail: info@legalreport.tsul.uz

© 2022. TSUL – Tashkent State University of Law. All rights reserved.

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12.00.02 – CONSTITUTIONAL LAW. ADMINISTRATIVE LAW. FINANCE AND CUSTOMS LAW

IKHTIYORJON TURABOEV, IKROM ERGASHEV Tax monitoring in Uzbekistan: problems and issues ............................................................8

DILMURODJON RAKHIMOV Organizational and legal issues of gender equality in the civil service .............................. 15

NOILA NURMAMATOVA Mechanism of appeal to the Constitutional Court .............................................................. 23

ILHOM NOROV Problems of public service in the Republic of Uzbekistan: further improvement of the public service system .............................................................................................. 30

12.00.03 – CIVIL LAW. BUSINESS LAW. FAMILY LAW. INTERNATIONAL PRIVATE LAW

BEGALI XOLMIROV The concept, importance and characteristics of electronic currency ................................. 37

MUHAMMAD ALI RAMAZONOV The concept and essence of cryptocurrency ..................................................................... 44

PARIZODABEGIM MUKHAMATKULOVA Some issues of regulation of cybersport and business activities in IT .............................. 51

12.00.04 – CIVIL PROCEDURES LAW. ECONOMIC PROCEDURES LAW. ARBITRATION PROCESS AND MEDIATION

ABDUMURAD KHAKBERDIEV Types of arbitration courts and their classification ............................................................. 57

DONIYORBEK DАVRONOV Procedure and basis for application of procedural coercive measures ............................. 68

12.00.08 – CRIMINAL LAW, CRIME PREVENTION. CRIMINOLOGY. PENAL LAW

BUNYOD ISLOMOV Mitigating factors and criminal defenses in criminal legislation of the Kingdom of Norway (comparative analysis) ...................................................................... 78

JALOLIDDIN HAYDAROV Qualification of crimes of torture and other cruel, inhuman or degrading treatment ......... 88

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12.00.09 – CRIMINAL PROCEDURE. CRIMINOLOGY, OPERATION SEARCH LAW AND FORENSIC EXAMINATION

SARBON URALOV Specific aspects of proof ................................................................................................... 96

KHAYDARALI YUNUSOV Contributions of Central Asian scholars to the development of islamic sciences: Sarakhsi – founder-father of international law ................................................................ 103

DJAMALIDDIN MUSAEV Principles of international cooperation in the field of preventing illicit trafficking in narcotic drugs, psychotropic substances and precursors . ........................................... 111

SHAHNOZA ALMOSOVA The essence of parallel import and problems of its regulation in the Republic of Uzbekistan . .................................................................................................. 121

USMON ALIEV Problems of reforming the UN security council and improving its effectiveness ............. 127

DALER VALIJONOV International legal cooperation of the prosecutors bodies against corruption ................. 134

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PROBLEMS OF REFORMING THE UN SECURITY COUNCIL AND IMPROVING ITS EFFECTIVENESS

Aliev Usmon Gofur ugli, Lawyer, Management Development Institute of Singapore in Tashkent, Master’s student, University of World Economy and Diplomacy e-mail: usmon.aliyev090698@gmail.com ORCID: 0000-0001-9806-2071

Keywords: United Nations The most important legal result of the World War (UN), Security Council, reform, II was the Charter of the United Nations (UN) – a permanent members, non- universal international treaty, aimed at saving future permanent members, veto, generations from the disasters of a new world war terrorism, instruments for by creating the UN Security Council, which was implementing. entrusted with the main responsibility for maintaining international peace and security. However, during the entire period of its activity, the UN Security Council was often paralyzed and could not significantly influence the world situation. The article discusses possible models for improving the activities of the body, the expansion of its membership, the problems of working methods, including the use of the veto, and also analyzes the positions of the Member states of the Organization on the reform of the UN Security Council. In conclusion, the need for reforms of the Security Council system to ensure peace and cooperation of the States of the world community is emphasized.

I. Introduction has been and remains the mainstay of The United Nations, which has been international relations and equitable the foundation and guarantor of the multilateral cooperation in the interests of international legal order for seven decades, all States.

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Today, it faces new challenges related to various aspects of the globalization of international life, which are reflected in new challenges and threats to international peace and security. The need to collectively address the most important issues, such as climate change, overcoming poverty, hunger, disease, combating terrorism, black markets of weapons of mass destruction, piracy, transnational organized crime, illicit drug and arms trafficking, etc., has forced the international community to take a new look at the collective security system, as well as the role and place of the UN Security Council in the effective resolution of international disputes, conflict resolution, resolution of crisis situations in various areas of life and the adoption of effective and acceptable measures within the framework of the collective security system. This new vision of the role and powers of one of the main and most influential organs of the United Nations and the international system as a whole is connected with the significant expansion of the powers of the Security Council in recent decades while maintaining its primary responsibility for the maintenance of international peace and security in accordance with the UN Charter [1, P. 3].

The Security Council, originally established as a political body of the United Nations, is authorized to make binding decisions for all Member States of the Organization. The effectiveness of its activities at various historical stages varied, sometimes significantly. The Security Council has also expanded its range of activities. This includes, among other things, the establishment of international criminal tribunals, the maintenance of complex sanctions regimes, the temporary administration of territory, etc. Of particular importance are the actions of the Security Council in the fight against terrorism and the proliferation of weapons of mass destruction by non-State actors. Some decisions of the Security Council on these issues are examples of the exercise of its rule-making powers and today form an important part of the international legal framework for the activities of the international community in these areas [2, P. 95].

The powers of the Security Council, as the main UN body responsible for the maintenance of international peace and security, have been concretized and expanded in recent years. The development of the powers of the Security Council is not only possible, but also necessary due to the changing international situation. The limits of the potential expansion of the Council’s powers are created by the purposes and principles of the UN, as well as by the norms of jus cogens. The Council’s freedom of action is also limited by the principle of proportionality, according to which its actions must be necessary and consistent with the achievement of its stated goals (eliminating threats to peace) and must not significantly violate other interests of the world community.

By universal recognition, the United Nations has become the most effective and universal system for regulating international relations at the global level in the entire history of mankind. But even this fact does not turn the UN into an ideal mechanism, all the functions of which would be fully realized. Therefore, since the second half of the last century, the world community has begun to discuss the special need to reform the Organization [3, P.220].

The question of the UN’s development path is of particular importance because of the importance of the Organization itself. When solving it, it is necessary to take into account the peculiarities of the development of international organizations at the present stage. Taking these patterns into account means that any innovations should not break away from reality, and above all, should reflect the latest processes of international relations [4, PP. 335-336].

Some UN institutions eventually cease to reflect the real political balance of power, many of the most important decisions are no longer respected by States, and direct violations of international law occur

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periodically with the connivance of the Organization. One of these problematic bodies is now the Security Council, which is entrusted by the UN Charter with “the primary responsibility for the maintenance of international peace and security”[5]. The reform of the UN collective security system should begin with the Security Council and its mechanisms. Such a reform cannot be carried out without the broadest support of the UN members. However, it is not possible to solve this problem perfectly, so the adoption of some intermediate or temporary model of reform is the most acceptable [6]. The structure of the UN Security Council, regulated by Chapter 5 of the Charter, still reflects the global political balance of power during the Second World War. The main feature of the status of States with permanent membership in this body is the ability to veto decisions on the merits. The right of veto is never explicitly mentioned in the UN Charter, but its operation is assumed to be logical based on Article 27: “Decisions of the Security Council on all other issues [not proceduralapprox. the votes of the 9 members of the Council, including the concurring votes of all the permanent members of the Council, are considered accepted.”[5] The issue of Security Council reform has been studied in the science of international law from various perspectives. However, the authors usually address the problems of implementing the powers of the Security Council, expanding its membership and using the right of veto (Attached is a table with the permanent members of the UN Security Council who use the right of veto) when making decisions on the merits (O. Sorokina [7, PP. 35-37], S. V. Dodonova [8], R. A. Kalamkaryan [9, PP. 74-84], D. Ya. Kapustin [10, PP. 5-31], S. N. Snegina [11], Yu. N. Maleev [12, PP. 24-47]). II. Research results and discussion Experts, despite all the restraint in the issue of UN reform, do not deny the problems and note: “The mechanism for joint problem solving in the Security

Council does not always work effectively, not all its resolutions are implemented, and opportunities are not used enough” [13, PP. 120-136]. UN Secretary-General Antonio Guterres also said in April 2018 that the UN Security Council no longer reflects the real picture of the world and inevitably loses its ability to resolve major international crises. A new stage in the discussion of the problem can be associated with the following facts: 1) calls for Russia’s exclusion from the Security Council have become increasingly frequent [14]; 2) In September 2017, the United States announced a new UN Reform Declaration, which was signed by more than 130 countries[15]. This document, consisting of 10 points and posted on the official website of the US Mission to the UN, contains nothing but well-known statements: the need for reform as such; the need to reduce duplicate UN bodies; support for the Secretary-General’s aspirations in this direction, etc. But despite the broad support of the majority of countries, some of the most influential states refused to sign this document, citing the fact that global changes in the system cannot be made by empty declarations, but it is quite possible to shift the political positions of some countries. President of the Republic of Uzbekistan Shavkat Mirziyoyev made a statement at the 72nd session of the UN General Assembly, where he stressed that Uzbekistan supports the gradual reform of the UN Security Council[16]. Furthermore, the joint statement on further deepening and expanding the strategic partnership between the Republic of Uzbekistan and Japan noted that the parties reaffirmed the importance of the reform of the UN Security Council in order to transform it into a more effective body that should ensure high representativeness and reflect the real situation in the international community of the 21st century. Stressing the need to start negotiations on the basis of texts as soon as possible, they also expressed their determination to continue constructive work on intergovernmental

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negotiations on the early implementation of the reform of the UN Security Council, including the expansion of both permanent and non-permanent members.

The same opinions were supported at the meeting of the leaders of Uzbekistan and Germany. Uzbekistan and Germany, as reliable, important and long-term partners, noted that our countries closely cooperate within the framework of international structures, such as the UN, OSCE, on global and regional issues. Uzbekistan supports Germany’s desire to become a permanent member of the UN Security Council[17].

Since 1993, an open-ended working group has been established at the General Assembly, dealing specifically with the problem of reforming the UN Security Council and developing resolution 53/30 of November 23, 1998 [18]. An important component of this resolution is the provision that it will not be so easy to reform the UN Security Council now, since in order to make serious decisions on this issue, including resolutions, it is necessary that at least two-thirds of the participants in the General Assembly vote for it. Later, many more attempts at reform were made, including the issue of equitable representation on the Security Council being put on the agenda at the sessions of the General Assembly. But as can be seen from the current state of the UN Security Council, not all such events have been successful.

In the Millennium Declaration of 2000 All States expressed their determination to intensify efforts “to achieve a comprehensive reform of the Security Council in all its aspects”[19]. In the 2005 World Summit Outcome[20] The heads of State and Government of the UN member States expressed support for the early reform of the Security Council as an integral part of the overall efforts to reform the UN in order to make it more representative and effective, and thereby ensure increased legitimacy of its decisions.

Discussions on the reform of the Security Council have been going on almost since the first years of the UN’s existence[12]. The issue of reform was repeatedly considered within the Organization, where special working groups were created for this purpose. In particular, in the report of the High-level Panel on Threats, Challenges and Change, “A safer world: our shared responsibility”, 2004[21], which was created to develop models for the reform of the Security Council, it is emphasized that the Council was created in such a way as to be not just a representative, but a responsible body.

As we can see, despite the presence of quite constructive considerations, no changes are taking place yet. However, it should be noted that States are ready to start negotiations on reform, as was demonstrated at the intergovernmental negotiations at the UN headquarters in New York on February 19, 2009[22], after that, negotiations on the substance of the reform began on March 4.

Under heavy pressure from troopcontributing countries, the Council’s working methods have become more transparent and the Council itself somewhat more accessible to non-member States, but its reliance on informal consultations rather than open meetings as a decision-making venue remains prominent[23, PP. 4-9].

Definitely, the difficulty of solving this issue is due to the clash of political interests of different States. But on the other hand, in the scientific and journalistic literature, many options for implementing the reform have been proposed, and most of them may indeed be acceptable only for a part of the world, but not for all or at least most of the States. In this regard, we will try to consider the most common points of view on the reform and collect the key provisions in one visual table. For convenience, we will sort these proposals based on three key criteria: the composition of the Security Council, the question of the status of the veto, and the “instruments” for implementing Security Council decisions.

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Composition of the Security Right of veto Instruments Council Replace Strengthening the the State’s power apparatus membership Revocation of the (transfer to the in this body right of veto. disposal of the with regional Security Council of international the national forces) organizations. [24, PP. 43-50].

Restrictions on Removing a number the use of the veto of issues from the Introduce a in the discussion competence of the new category of certain topics Security Council of countries- (genocide, to the General elected for a terrorism, etc.). Assembly for longer term, It is decision-making but with the assumed that by a majority vote, possibility of States will comply which will weaken immediate re- with these the position of election [13]. restrictions on a countries with the voluntary basis right of veto [26, PP. [25, PP. 88-98]. 46, 47]. Temporary restriction of the veto for Increase the the violator number of of the current permanent and Security Council non-permanent resolutions [27, members, P.10]. thereby For example, a significantly State that does expanding the not comply composition of with the current the body. resolution will be prohibited from using the veto in the next 2-3 votes. Changing the power of the veto Increase the – in order to reject number of a decision, you non-permanent will need to put members only. forward not one, but two vetoes [28, PP. 46, 47].

It seems that the solution to the problem lies in the most universal formula of the combination of these proposals. For its construction, we will determine some aspects that connect this theoretical problem with reality: 1. Without the existence of clear criteria on the basis of which new countries will be attracted to the UN Security Council, the question of justice in relation to the associated powers will arise. By analogy, India-Pakistan, Brazil-Argentina, Germany-Japan, etc. Thus, the choice should be as reasonable and legitimate as possible in the eyes of the world community.

2. When choosing any criteria for the inclusion of countries in the Security Council, it should be borne in mind that their indicators that meet these criteria will inevitably change over time. This means that the legitimacy of countries ‘ membership in the Security Council will change accordingly. Based on these considerations, the representation in this body will have to be reviewed again. 3. Countries with a strong status will strive to maintain their position, which they are likely to succeed due to the large influence they have over everyone else. Therefore, it is unlikely that it will be possible to change the current composition of countries with the right of veto. But it is possible to organize such a system of voting on the right of veto, when it is used by one of the permanent members of the UN Security Council, a group of countries (for example, a composition of five or seven countries), created once from non-members of the Security Council, will decide the issue by a simple majority, to prevent future fatal consequences and abuse of the right of veto by permanent members of the Security Council. 4. It is unacceptable to expand the Security Council to an enormous size, as this will lead to a cumbersome body and, as a result, greater inefficiency. This is often said by representatives of the diplomatic circles of most countries. 5. Now the principle of equitable geographical distribution, which literally “breathes” the entire UN Charter, is suffering. For example, African, Latin American, and Asian countries do not have the right of veto. 6. The involvement of poorly developed countries does not guarantee their independence, and as a result, their effectiveness in the work of the body, since the practice of “buying” their votes in international organizations is widespread. The issue will become purely financial. III. Conclusion Thus, we have now found out that in order to objectify the process of admitting new members to the UN Security Council, it is necessary to develop a number of

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criteria on the basis of which the selection of countries would be made. Such criteria have been proposed many times before, and the most notable among them are those proposed by the United States of America back in 2005. These criteria include: “The scale of the national economy; the size of the population; military power; commitment to democracy and human rights; the ability of the country’s armed forces to participate in UN peacekeeping missions; opportunities for financial participation in peacekeeping activities; financial contribution to the UN system and the country’s activities in the fight against terrorism and the proliferation of weapons of mass destruction”[26, PP. 88- 98].

Certainly, such criteria may cause dissatisfaction of some political forces, since, for example, due to the provision on the military power of the state, the oftennominated candidacy of Japan may be rejected due to the “pacifist” article 9 of the state Constitution, which prohibits having a military army. However, this is also the difficulty of the much-needed reform of the Security Council-it is necessary to find a compromise that is equally acceptable for the whole world, and not for a specific political grouping of countries.

As a natural development of the powers of the Security Council, the process of introducing the institution of peacekeeping into practice is shown. It is not provided for under the UN Charter and originated in the course of the Council’s activities to ensure international peace and security and continues to develop. Modern practice shows that recent years conduction of peacekeeping operations in accordance with the principles that have been in force are becoming problematic.

Moreover, recent experience has shown that regional organizations can play an important role in the maintenance of international peace and security. However, their efforts do not absolve the UN Security Council of its primary responsibility for maintaining peace and security. Therefore, the Organization should look for some approximate model of general governance, based on regional experience and borrowing from it only what will be suitable for all States.