ANTI-CORRUPTION IS THE DEMAND OF THE PRESENT TIME!

This article examines the global nature of anti-corruption, since corruption is one of the negative phenomena of society, which is recognized as a serious crime in the world, and is also an obstacle to the socio-economic development of any country. The legislation and the situation with corruption in some foreign countries are considered as a comparative legal analysis.

VOLUME 2 ISSUE №2 E-ISSN: 2181-1024 O CTO Volume BER 2, Issue 2021 2 (2021) TSUL Legal Report 1

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Khakimov Rahim Rasuljonovich – First Deputy Minister of Higher and Secondary Special Education, Doctor of Law, Professor

Salaev Nodirbek Saparbayevich – Deputy Rector on Scientific Work and Innovation of Tashkent State University of Law, Doctor of Law, Professor

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

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

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

Kurbanov Maruf Mamadaminovich – Head of Criminalists and Forensic Examination Department of Tashkent State University of Law, Doctor of Philosophy in Law

Narziev Otabek Sadiyevich – Head of International Private Law Department of Tashkent State University of Law, Doctor of Philosophy in Law

Khodzhaev Shakhzhakhon Akmalzhon ugli – Head of Intellectual Property Department of Tashkent State University of Law, Doctor of Philosophy in Law

Uzakova Gozal Sharipovna – Head of Environmental Law Department of Tashkent State University of Law, Doctor of Philosophy in Law

Musaev Bekzod Tursunboyevich – Head of the Constitutional Law Department of Tashkent State University of Law, Doctor of Philosophy in Law

Gafurova Nozimakhon Eldarovna – Head of the Department of International Law and Human Rights of the Tashkent State University of Law, Doctor of Law

Nematov Jurabek Nematulloyevich – Associate Professor of Administrative and Financial Law Department of Tashkent State University of Law, Doctor of Law

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

Abzalova Khurshida Mirziyatovna – Associate Professor of Department of Criminal Law, Criminology and Anti-corruption, Doctor of Law

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

Abulkosimova Saodatkhon Khasan kizi – Editor of “TSUL Legal Report” international electronic scientific journal of Tashkent State University, Master of Arts degree in Editing and Publishing specialty

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

© 2020. TSUL – Tashkent State University of Law. All rights reserved.

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ABZALOVA XURSHIDA, RUZIYEV BEKHRUZ, GAFUROV ULUGBEK Anti-corruption is the demand of the present time! . .............................................................6

KHOJIYEVA RUZIGUL Issues of applying foreign experience in combating corruption to the national legal system ..........................................................................................................11

12.00.03 – CIVIL LAW. EMPLOYING LAW. FAMILY RIGHT. INTERNATIONAL PRIVATE LAW

BAKHRAMOVA MOKHINUR Jurisdictional decisions and consequences of their adoption: best practices and case analyses ..................................................................................... 16

BOBONAZAROV ALISHER Issues of privileges and immunities of international organizations and their officials in international law . ...................................................................................... 29

MAMASOLIYEVA SHAKHRIZODA Introduction of a new mechanism in creating a favorable investment climate: problems and solutions ..................................................................................................... 34

12.00.08 – CRIMINAL LAW. CRIMINOLOGY. CRIMINAL-EXECUTIVE LAW

ABULKOSIMOVA SAODATKHON The portrayal of the serial killer in in the true crime drama “The Serpent” and the problems of sympathy for serial murderers in television series . .......................... 43

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ANTI-CORRUPTION IS THE DEMAND OF THE PRESENT TIME!

Abzalova Xurshida Doctor of legal sciences, Associate Professor of the Department of Criminal Law, Criminology, Anti-Corruption department of Tashkent State University of Law e-mail: natisruzieva@gmail.com

Ruziyev Bekhruz Student of Tashkent State University of Law, Criminal Justice faculty e-mail: ruziyev.b.99@gmail.com

Gafurov Ulugbek Student of Tashkent State University of Law, Criminal Justice faculty е-mail: gafurovulugbek180700@gmail.com

ARTICLE INFO ABSTRACT punishment, determinant.

Keywords: corruption, law, This article examines the global nature of anticrime, bribe, official, court, corruption, since corruption is one of the negative phenomena of society, which is recognized as a serious crime in the world, and is also an obstacle to the socio-economic development of any country. The legislation and the situation with corruption in some foreign countries are considered as a comparative legal analysis.

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Corruption is one of the negative phenomena of society, which is recognized as a serious crime in the world, and is also considered as an obstacle to the socio-economic development of any country.

It should be noted that the former Secretary-General of the UN General Assembly at the session on the occasion of the adoption of the UN Convention against Corruption compared corruption with the “insidious plague”, the epidemic of which all modern societies are subject to: “[…] It undermines democracy and the rule of law, leads to violations of human rights, distorts markets, erodes the quality of life, and allows organized crime, terrorism and other threats to human security to flourish. This is evil phenomenon is found in all countries ‒ big and small, rich and poor, but it is in the developing world that its effects are most destructive” [3].

Next, it is necessary to define the concept of corruption. Corruption is taking bribes, corruption of officials, political figures. Corruption is a lack of decency and honesty; the use of official position to obtain benefits in an illegal way. Corruption – abuse of official position for personal gain [7].

The historical roots of corruption go back to the custom of making gifts to gain favor. An expensive gift set a person apart from other applicants and assisted to ensure that his request was fulfilled efficiently within short time. Therefore, in primitive societies, payment to a priest or leader was considered as normal. With the complication of the state apparatus and the increasing power of the central government came professional officials, who, as the rulers intended, had to be content with only a fixed salary. In practice, officials sought to use their position to secretly increase their income.

In history, the first ruler who was mentioned as a fighter against corruption was Urukagina ‒ the Sumerian king in the second half of the XXIV century BC. He is recognized in history as the first fighter against corruption, who reformed public administration in order to curb abuses by the royal administration, judges, temple staff, reduced and streamlined payments for rituals, introduced severe punishments for officials. Despite the demonstrative and often harsh punishments for corruption, the fight against it did not lead to the desired results. At best, it was possible to prevent the most dangerous crimes, but at the level of petty embezzlement and bribes, corruption was widespread. The corruption of judges was of particular concern, since it led to the illegal redistribution of property and the desire to resolve the dispute outside the legal field. There is no coincidence that the leading religions of all types of corruption condemn, first of all, the bribery of judges: “Thou shall not receive gifts, for gifts blind the eyes of seeing” [6].

In the second half of the XX century, corruption increasingly became an international problem. Corporate bribery of senior officials abroad has become widespread.

Today, corruption is one of the most important and most complex socio-economic problems, which requires huge financial and human resources to solve. Despite massive efforts, it remains the most dangerous threat to stability and security. In the context of globalization, corruption is a phenomenon that directly affects the economy and society of each state, that is, it is a transnational problem. However, the degree of “infection” of this disease varies in the countries of the world community. In order to identify particularly effective ways to combat corruption, it is necessary to study the richest and most positive experience of foreign countries, since it can be taken into account to some extent in national legislation in the process of developing their own methods of combating this destructive phenomenon. In 1996, International Transparency, the international organization for combating corruption and studying the level of corruption in the world, conducted a large-scale analysis of the “Corruption Perception

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Index”, which resulted in a regularly updated ranking of countries around the world in terms of the prevalence of corruption in the public sector. Based on the indicators of the study, it is easy to identify countries where the problem of corruption is not widespread. The purpose of this research is to find and study the ways and means used to achieve high results.

One of the countries that face serious issues against corruption is the Republic of Tajikistan.

In relation to Tajikistan, the radical socio-economic and political reforms that began after the collapse of the USSR and the civil war that followed caused the emergence and impact on all spheres of public life of negative economic, socio-political, legal and a number of other factors that determine corruption. The costs and miscalculations made during the mentioned reforms, the weakening of state and public control over the activities of officials and employees of state authorities and management bodies have turned the potential threat of corruption in many spheres of state activity and forms of public life into a reality [8].

Such a situation causes reasonable concern to citizens of the Republic of Tajikistan, who find it very difficult in the conditions of existing socio-economic instability, with constant price increases and existing unemployment, to use their rights and legitimate interests in the course of everyday life, and even more to seek their restoration in case of violation. The situation noted above indicates that corruption is a very dangerous phenomenon for any state, since: - it is connected with official commission and official crimes that are dangerous for the national statehood, the responsibility for which is provided by criminal legislation (bribery, abuse, veiled embezzlement, etc.); - in a state where there is already inequality among various segments of the population, the commission of corruption crimes by officials and statesmen that discredits the idea of democracy, undermines and shakes the authority of state power, the absence of which can lead to a social explosion, which happened in some CIS countries (Georgia, the Kyrgyz Republic, the Republic of Uzbekistan, Ukraine); - in case of failure to take measures against corruption, it becomes a “regulator” of public relations, thereby threatening the constitutional structure of the state; - by negatively affecting the authority of the state on the world stage, corruption worsens the investment climate, which is especially necessary for economically developing new independent states.

The whole situation is due to the low level of control of both the public and private sectors caused by frequent changes and instability in the management sphere. It is important to note that national legislation at this stage of development takes the position of mastering and familiarizing with the experience of developed countries. For this reason, the introduction of new methods is carried out at a moderate pace. These factors serve as a determinant of the obstacles that have arisen.

It is obvious that corruption prevents Uzbekistan from moving toward reforms. Thus, it is necessary to consider how the new leadership of the country is conducting large-scale work to prevent this negative phenomenon a lot and often, achieving confidence that success in this fight is irreversible [1].

It should be noted that the reforms carried out in the Republic aimed at strengthening the rule of law, protecting the rights and interests of the individual, democratizing and liberalizing the judicial and legal system have acquired a huge character today. The Republic of Uzbekistan was one of the first states in the world to join the United Nations Convention against Corruption, which was adopted on October 31, 2003 by General Assembly of the United Nations. The corresponding law on the ratification of this Convention was adopted on 7 July 2008, and it entered into force for the Republic of Uzbekistan from August 28, 2008. In addition,

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Uzbekistan joined the OECD Istanbul Anti-Corruption Action Plan in 2010. In order to organize the fight against corruption at the national level, the necessary measures and a set of regulatory legal acts at the national level were taken and a national legal doctrine in this area was formed. Thus, the Law “On combating corruption”, two State programs for 2017‒2018 and 2019‒2020, and more than 70 other regulatory legal acts in the field of preventing and combating corruption were adopted. In order to fulfill international obligations and public administration reforms, form a transparent system of government bodies, the economy and the effective use of budget funds and ensure sustainable economic, social and cultural development of the country, the Anti-Corruption Agency was established by the Decree of the President of the Republic of Uzbekistan No. PD-6013 of June 29, 2020. If we consider the example of our country, it is necessary to note the cardinal measures implemented at the legislative level. It should be also mentioned that the Government of our country makes attention to the training of a specialized personnel base by introducing a training module called “Anti-corruption” into the higher education system, which is aimed for training highly qualified lawyers. New Zealand occupies a leading position in the Transparency Interna­ tional rating, so its experience in the field of combating corruption is no less interesting. The State has a number of institutions that focus on various elements of the fight against corruption. The SFO (The Serious Fraud Office), which is the agency for detecting and combating cases of major fraud in New Zealand, is one of them.

An interesting method of combating corruption in New Zealand is the “Anti-Corruption Training”, which is an electronic training course released by Transparency International New Zealand and SFO. In the process of self-study in the online mode, comprehensive training is provided to prevent manifestations of corruption in business and study legislation in this area. The Ministry of Justice of New Zealand, within the framework of the “Say no!” Project against bribery and corruption, explains what everyone can do to assist in combating these phenomena. Citizens are provided with the opportunity to file a complaint electronically, without revealing their identity, on the websites of the New Zealand Police and the SFO. It is recommended for organizations to develop their own anti-corruption policy, to create a monitoring system and requirements for partners and business agents, to ensure that employees are familiar with the legislation on bribery and corruption and what to do if they are detected [4]. The Republic of Uzbekistan has boldly embarked on the path of a large-scale struggle aimed at eradicating corruption crimes, and to date, the efforts made have yielded early results. It is important to note that our country has focused on the management sphere, that is the activities of state organizations have been taken under special control. In our view, the example of New Zealand can serve as the next step for many countries on the way to achieving their goals, since people are an integral part of the government, and improving the legal culture of the population, forming and educating young people in the spirit of aversion to corruption creates new opportunities in the fight against this issue.

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