INTERNATIONAL LEGAL COOPERATION OF THE PROSECUTORS BODIES AGAINST CORRUPTION

The article focuses on the issues of international cooperation of the Prosecutors‘ Office on provision of legal assistance in criminal matters, such as corruption. Besides that, the article is dedicated to the matters concerning the cooperation Prosecutors‘ Office in terms of fighting against crime within the regional scope of international organizations. The author of this scientific article revealed the essence and main directions of international cooperation of the Prosecutors‘ Office of the Republic of Uzbekistan to combat transnational crime and corruption in the context of digital globalization and the integration of the world community.Moreover, the relevance of the research topic is because the commission of such crimes is characterized by the use of modern technical means and high-tech facilities of air and land transport, a high transcontinental level of organization and real support of many, including illegal, financial sources. The predicted result of such activities was a significant increase in the number of serious crimes of a transnational nature.

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

E-ISSN: 2181-1024 Volume 3, Issue 1 (2022) TSUL Legal Report 3

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

4 TSUL Legal Report Volume 3, Issue 1 (2022) E-ISSN: 2181-1024

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.

E-ISSN: 2181-1024 Volume 3, Issue 1 (2022) TSUL Legal Report 5

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

6 TSUL Legal Report Volume 3, Issue 1 (2022) E-ISSN: 2181-1024

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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INTERNATIONAL LEGAL COOPERATION OF THE PROSECUTORS BODIES AGAINST CORRUPTION

Keywords: international cooperation, legal assistance, criminal prosecution, extradition, regional organizations, digital globalization, digital integration, convention, corruption.

Valijonov Daler Dilshodovich, Anti-Corruption & Compliance Officer, Tashkent State University of Law Doctor of Philosophy (PhD) in Law e-mail: d.valijonov@tsul.uz ORCID: 0000-0003-0356-4293

The article focuses on the issues of international cooperation of the Prosecutors’ Office on provision of legal assistance in criminal matters, such as corruption. Besides that, the article is dedicated to the matters concerning the cooperation Prosecutors’ Office in terms of fighting against crime within the regional scope of international organizations. The author of this scientific article revealed the essence and main directions of international cooperation of the Prosecutors’ Office of the Republic of Uzbekistan to combat transnational crime and corruption in the context of digital globalization and the integration of the world community. Moreover, the relevance of the research topic is because the commission of such crimes is characterized by the use of modern technical means and high-tech facilities of air and land transport, a high transcontinental level of organization and real support of many, including illegal, financial sources. The predicted result of such activities was a significant increase in the number of serious crimes of a transnational nature.

I. Introduction Office of the Republic of Uzbekistan in the Before talking about the international fight against corruption, I want to make it legal cooperation of the Prosecutor General’s clear that we are investigating economic

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crimes such as, human trafficking, drug trafficking, terrorism or extremism, etc. It should be noted that the prosecutor’s office is one of the leading law enforcement agencies in the country in the fight against economic crimes. This is because the prosecutor’s office has a great deal of power and responsibility in the fight against economic crimes through a number of normative and legal acts, in particular, criminal procedure legislation [1]. The structure of the Prosecutor General’s Office, such as the Department for Combating Economic Crimes, the Office for Combating Organized Crime and Corruption, and the Office for Coordination of Anti-Corruption Measures, is also important. In this regard, it can be said that in the fight against international crime and cooperation in the fight against economic crime, money laundering, the prosecutor’s office plays a significant role in combating such crimes, coordinates the activities of other law enforcement agencies.This, in turn, requires a special focus on economic crime in an increasingly digital world, and the fight against it through new means and methods [2]. It is known that the term «corruption» is derived from the latin word «corruptio», which means «to break, to buy», and its grammatical root meaning is again the word «corrosion», «decay» or «rust» [3]. There is no clear legal definition of this term in our national legislation, but in some sources of international law, in particular, at the 1st session of the Council of Europe Groups on Corruption (February 22-24, 1995, Strasbourg), such a definition of «corruption» is given. Corruption is bribery (embezzlement), arising from the position or similar relationship of a person with certain powers in the public or private sector, an official or a person working in the private sector or an independent agent an act that violates its obligations, as well as expressed in order to gain any form of advantage for the benefit of himself or others [4].

The above mentioned actions by officials or non-officials cause significant damage or serious damage to the rights or legally protected interests of citizens or to the interests of the state or the public. “Corruption is the acquisition of property or material gain in various forms by an official in exchange for the performance (failure to act) of an official for the benefit of the person concerned, without violating his or her official duties” (UN Code of Ethics 17.12.1979) [5]. “Corruption is the abuse of public office for personal gain” (UN International Anti-Corruption Information Document). “Corruption is the abuse of public office for personal gain” (World Bank Report, 1997) [6]. II. Research results and discussion The fight against corruption, in many cases, consists of identifying and eliminating the factors, conditions and conditions that cause it, as well as a comprehensive fight against it. Of particular note are the following international anti-corruption instruments worldwide: 1) UN Convention against Corruption; 2) EU Convention on Criminal Liability for Corruption; 3) EU Convention on Civil Liability for Corruption; 4) Model Law on the Legislative Framework of Anti-Corruption Policy within the Commonwealth of Independent States; 5) “Asian Development Bank and European Bank for Reconstruction and Development Asia-Pacific Anti-Corruption Program”. The impact of corruption on governance, the economy and other areas of the world is assessed by Transparency International, a non-profit organization [7]. Also, the accession of the Republic of Uzbekistan to the United Nations Convention against Corruption of October 31, 2003 (adopted on October 31, 2003, which includes an introduction and 8 chapters, 71 articles) Law No. 158 of July 7, 2008 was adopted.In the text of the United Nations

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Convention against Corruption (hereinafter referred to as the Convention), as well as in the special laws of foreign countries, there is a connection between «prevention of corruption» and «fight against corruption», which differ from each other in content [8]. We meet their expressions.

Given the recognition of the priority of crime prevention in Uzbekistan in the fight against crime, it should be noted that the prevention of corruption is a priority in the fight against it.

Nearly half of the conclusions in the preamble to the United Nations Convention against Corruption are as follows [9]: - Convinced that corruption has now transformed from a local problem into a transnational phenomenon that affects the entire society and the economy of all countries, thereby highlighting the importance of international cooperation in preventing and combating corruption; - Convinced that a comprehensive and multifaceted disciplinary approach is needed to prevent and effectively combat corruption; - Convinced that the illegal acquisition of private property could seriously undermine democratic institutions, the national economy and law and order; - Recognizing that technical assistance can play an important role in empowering states through effective capacity building and institutional prevention and combating corruption; - International cooperation in the prevention, detection and elimination of illicitly acquired assets in an international manner and in taking measures to recover them; - Prevention and elimination of corruption is the task of all states and to ensure the effectiveness of efforts in this area, with the support of individuals and groups outside the public sector, such as civil society, non-governmental organizations and community-based organizations; considering that they should cooperate with each other in their participation; - Recognizing the need to promote the effective management of socio-political power and state property, the principles of justice, responsibility, equality before the law, honesty and integrity, as well as the formation of a culture that denies corruption, the adoption of this Convention.

It should be noted that the Prosecutor General’s Office of the Republic of Uzbekistan is working effectively with foreign countries and international organizations in the fight against corruption. International organizations are also involved in the process of improving the regulatory and organizational framework in the fight against corruption [10].

On June 2-4, 2021, the United Nations General Assembly held a special session on current threats and measures taken to prevent, combat and strengthen international cooperation. Transparency International, an international anti-corruption organization, has developed the 2020 Corruption Perceptions Index.

According to the ranking, Uzbekistan has moved up 7 places to 146th place among 180 countries (for comparison, 153rd place in 2019).

At the same time, Uzbekistan scored 26 points in the ranking, of which 0 points is the highest rate of corruption and 100 points is the lowest scale.

In the ranking of «Corruption Perceptions Index» for 2020, published by the international non-governmental organization «Transparency International» in January 2021, Uzbekistan ranked 146th out of 180 countries and rose to 7th place in 2019. Uzbekistan ranked 153rd, while in 2018 the figure was 158th. Uzbekistan has risen 12 places in two years, the most stable anti-corruption figure in Central Asia.In March 2020, Uzbekistan ranked 92nd with a score of 0.47 in the Rule of Law Index published by the World Justice Project. The report noted that the biggest change in Uzbekistan was the absence of corruption, which ranked 89th with a score of 0.40 (95th place in 2019 with a score of 0.38). Uzbekistan is also ranked 179th out of 214 countries (183rd in 2018) in the World Bank’s Governance Quality

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Indicators Index for 2019, published in September 2020. In addition, in the open data ranking published by the international non-profit organization Open Data Watch in December 2020, Uzbekistan ranked 44th out of 187 countries in the world with 63 points, and 1st in Central Asia. ‘rinni took over. According to the report, Uzbekistan is one of the two countries that has risen 125 places in 2018 compared to this indicator. At the same time, as an integral part of the systemic measures taken in this direction, the Prosecutor General’s Office in cooperation with the Supreme Court and the Anti-Corruption Agency of the Republic of Uzbekistan the results of the criminal investigation are being comprehensively analyzed.Speaking about the international legal cooperation of the Prosecutor General’s Office of the Republic of Uzbekistan in the fight against corruption, first of all, the Office for Economic Cooperation and Development, the United Nations Development Program and its Asia-Pacific Society for Corruption and Inclusive Societies It is worth acknowledging its cooperation with international organizations such as the Global Project on Combating Corruption, the World Bank, the Organization for Security and Cooperation in Europe, the United Nations Office on Drugs and Crime, and the International Association of Prosecutors [11]. In particular, the main areas of international cooperation between the Prosecutor General’s Office of the Republic of Uzbekistan and the European Union in the fight against corruption include the following issues [12]: - improving legislation, developing long-term strategic programs to combat corruption; - further development of the institutional and organizational framework for the activities of the prosecutor’s office; - active introduction of international experience in combating corruption; - application of modern information and communication technologies in the industry;

- creating an atmosphere of intolerance to corruption in society. In addition, the Prosecutor General’s Office maintains bilateral cooperation with the responsible agencies of developed countries in the fight against corruption. Examples include Malaysia’s Anti-Corruption Commission, Transparency International, Norway’s U4, and Sweden’s Sida [13]. At the same time, we must acknowledge the significant role of the Prosecutor General’s Office in the preparation of intergovernmental documents in the field of anti-corruption in international law. In particular, on August 4 2021, the Ministry of Foreign Affairs of the Republic of Uzbekistan signed an intergovernmental document on cooperation in the fight against corruption. The fact that this international document was developed by the Prosecutor General’s Office of the Republic of Uzbekistan in cooperation with the United States Department is a clear proof of our opinion [14]. III. Conclusion In accordance with international agreements in the field of combating corruption, the Office for Combating Economic and Corruption Crimes of the General Prosecutor’s Office of the Republic of Uzbekistan shall receive or execute requests of foreign law enforcement agencies for mutual legal assistance In cooperation with the International Legal Department of the Prosecutor General’s Office, it is tasked to organize the transfer of work to other competent authorities of the Republic of Uzbekistan, to generalize the activities of the fight against economic, official and corrupt crimes [15]. The following international acts in this area include: Firstly, the Resolution on Corruption in Public Administration, adopted on September 7, 1990; Secondly, 1996 Resolution on Combating Corruption and Combating Corruption and Corruption in International Commercial Operations. This resolution approved the

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International Code of Ethics for Public Officials; The Bangalore Principles of Judicial Conduct were adopted on 19 May 2006; Thirdly, UN Convention against Transnational Organized Crime (15.11.2003) and UN Convention against Corruption (31.10.2003), Istanbul Plan and others. Within the framework of all this, representatives of the International Law Department of the Prosecutor General’s Office of the Republic of Uzbekistan are actively participating in relevant conferences, seminars and forums. It should be noted that the Istanbul Action Plan to Combat Corruption is an anti-corruption network of the Organization for Economic Co-operation and Development (OECD) in the mutual evaluation of subregional initiatives for Eastern Europe and Central Asia. Reviews and monitors the implementation of recommendations to support the implementation of the UN Convention, other international standards and best practices. Law enforcement is one of the activities of the anti-corruption network, which organizes regular meetings to directly assist law enforcement practitioners, investigate corruption cases, strengthen their capacity, as well as promote the participation of foreign countries in the fight against corruption. ‘or conducts a study of experiences and practices [3].

It is these societies and people who directly suffer from corruption in any case. Therefore, this problem is recognized as a global problem, and coordinated programs and other legal norms have been developed to combat it. In particular, the UN Convention against Corruption is a globally adopted international legal instrument, the draft of which was discussed for two years with the participation of more than 130 countries and entered into force in December 2005.It sets out guidelines for international and national anti-corruption practices and mechanisms for their implementation. Currently, 140 countries have joined the treaty and 80 have ratified it. The Republic of Uzbekistan has acceded to the United Nations Convention against Corruption. The above mentioned international legal document plays an important role in the fight against corruption and provides for a coordinated fight against corruption, strengthening international cooperation and providing technical assistance to each other. As tragic as it may seem, crime has occurred in every country and in every age. But by the beginning of the 21st century, it is gaining momentum under the influence of global processes. As a result, there is a change in the approach to corruption in international law.