PROBLEMS OF INTERNATIONAL LEGAL COOPERATION AGAINST CORRUPTION

The article deals with the issues of international cooperation in providing legal assistance in the fight against corruption. In addition, this article is devoted to the interaction of law enforcement agencies in the fight against corruption within the framework of regional international organizations.Moreover, within the framework of this scientific study, proposals were analyzed to improve the system of providing legal assistance in the field of combating corruption.The author‘s comparative analysis of international conventions, declarations and legislation of foreign countries served as a reflection of the specifics of this article. 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 from 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. The lack of proper legal cooperation between states leads to the emergence and spread of a dangerous practice, when criminals, committing a crime in one state, illegally cross the borders of another to avoid the administration of justice and prosecution. The problem of disclosure, investigation, and prevention of such crimes in the framework of international cooperation in criminal matters is the most relevant today.

VOLUME 4 ISSUE №1 E-ISSN: 2181-1024 MAR Volume C H 1 2(2023) 4, Issue 022 TSUL Legal Report 1

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

FIRUZ MAKHMUDOV Modern public administration: issues of improving the duties and functions of public bodies and servants ...............................................................................................7

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

ABDUMUMIN YULDASHOV Dispute resolution in the field of intellectual property law in Uzbekistan ........................... 15

DALER VALIJONOV Problems of international legal cooperation against corruption ......................................... 21

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PROBLEMS OF INTERNATIONAL LEGAL COOPERATION AGAINST CORRUPTION

ARTICLE INFO Keywords: international cooperation, legal assistance, criminal prosecution, extradition, regional organizations, corruption.

Valijonov Daler Dilshodovich Acting Associate Professor of the Department of International Law and Human Rights of Tashkent State University of Law, Doctor of Philosophy (PhD) in Law e-mail: daler.valijonov1990@gmail.com ORCID: 0000-0003-0356-4293

ABSTRACT The article deals with the issues of international cooperation in providing legal assistance in the fight against corruption. In addition, this article is devoted to the interaction of law enforcement agencies in the fight against corruption within the framework of regional international organizations. Moreover, within the framework of this scientific study, proposals were analyzed to improve the system of providing legal assistance in the field of combating corruption. The author’s comparative analysis of international conventions, declarations and legislation of foreign countries served as a reflection of the specifics of this article. 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 from 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. The lack of proper legal cooperation between states leads to the emergence and spread of a dangerous practice, when criminals, committing a crime in one state, illegally cross the

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borders of another to avoid the administration of justice and prosecution. The problem of disclosure, investigation, and prevention of such crimes in the framework of international cooperation in criminal matters is the most relevant today.

Introduction It is known that the concept of “corruption” is derived from the Latin word “corruptio” which means, “to spoil, buy” and its grammatical root meaning is the word “corrosion” which means, “to rot”. ” or “to rust” also gives the meaning. Based on this, the social appearance of this word means “disruption of power, buying by rotting” [1, pp. 273-275]. Our national legislation (Central Asian countries criminal law system, such as Uzbekistan, Tajikistan and Turkmenistan) does not have a clear legal definition of this term, but in some sources of international law, in particular, in the 1st session of the European Council Groups on Corruption Problems , “Corruption” is defined as such: “Corruption is bribery (embezzlement), a person who has a certain authority in the public or private sector, an official or a person operating in the private sector or an independent agent based on his professional duties or similar relations behavior that violates obligations and is expressed in order to gain advantages of any kind for the benefit of oneself or other persons” [2, p. 253-262]. As a result of the actions mentioned above by officials or non-officials (see: case G.Karimova), a large amount of damage or serious damage is caused to the rights of citizens or interests protected by law, or to the interests of the state or public.Also, “Corruption is the receiving of material values or property benefits in various forms by an official who violates his official duty for the benefit of the person who is materially interested in return for certain actions or inaction by an official.” (Code of Conduct of UN Officials dated 17.12.1979).

“Corruption is the abuse of the functions of state power for personal gain (information document of the UN on the international fight against corruption) [3, p. 67]. Corruption is the abuse of public authority for personal gain (World Bank Report, 1997). Information and method The fight against corruption and its elimination in many cases consists of identifying the factors, situations and conditions that cause it and eliminating them, as well as a comprehensive fight against it. It is necessary to highlight the following international legal documents on the fight against corruption at the global level: a) UN Convention on Combating Corruption; b) European Union Convention on Criminal Liability for Corruption; с) Convention of the European Union “On Civil Liability for Corruption”; d) Model law “On the legislative basis of anti-corruption policy” within the framework of the Commonwealth of Independent States; e) “Asian Development Bank and European Bank for Reconstruction and Development Asia-Pacific Anti-Corruption Action Program”. In the countries of the world, the influence of corruption on the country’s management, economy and other areas is evaluated based on the researches of the international non-governmental organization “Transparency International”. Also, the accession of the Republic of Uzbekistan to the United Nations Convention against Corruption of October 31, 2003 (adopted on October 31, 2003, this document consists of a preamble and

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8 chapters, 71 articles) On July 7, 2008, the Law No. ORQ-158 was adopted.In the text of the United Nations Convention against Corruption (hereinafter the Convention), as well as in the special laws of foreign countries, the terms “prevention of corruption” and “fighting against corruption” are related to each other, and at the same time, they differ in their content. we meet expressions. In our opinion, the concept of “fighting against corruption” is broad and includes the concept of “prevention of corruption”. Based on the recognition of the priority of crime prevention in the fight against crime in Uzbekistan, it is worth saying that the prevention of corruption is considered a priority in the fight against it.In about half of the conclusions presented in the preamble of the United Nations Convention against Corruption, that is: - convinced that corruption has now turned from a local problem into a transnational phenomenon that affects the entire society and the economy of all countries, thereby determining the very important importance of international cooperation in the field of preventing and fighting corruption, - expressed confidence that a comprehensive and multilateral disciplinary approach is necessary to prevent and effectively fight against corruption; - being convinced that illegal acquisition of personal property can seriously damage democratic institutions, national economy and law and order, - Recognizing that technical assistance can play an important role in strengthening the capacity of countries in the field of effectively preventing and fighting corruption and building institutions; - being ready to boldly begin to strengthen international cooperation in taking measures aimed at more effective prevention, detection and elimination of the transfer of illegally acquired assets in the international order, as well as the return of assets;

- prevention and complete eradication of corruption is the task of all states and the support of individuals and groups outside the public sector, such as civil society, non-governmental organizations and community-based organizations, to ensure the effectiveness of efforts in this area; and taking into account that they should cooperate with each other in their participation; - the adoption of this Convention in recognition of the need to ensure the effective management of socio-political affairs and state property, the principles of justice, accountability, equality before the law, honesty and integrity, as well as helping to form a culture that rejects corruption [4, pp. 157-159]. It should be noted separately that the General Prosecutor’s Office of the Republic of Uzbekistan is conducting effective cooperation with foreign countries and international organizations in the field of combating corruption. Also, international organizations (UN UNODC, UNDP, OSCE, SCO, etc.) are involved in the process of improving the normative and organizationalpractical base in the field of combating corruption. On June 2-4, 2021, a special session of the United Nations General Assembly on modern threats and measures to prevent corruption, fight against it, and strengthen international cooperation was held. Transparency International, an international non-governmental organization fighting corruption, has developed the 2020 ranking of the Corruption Perceptions Index. According to the rating, Uzbekistan changed its place by 7 places and took 146th place among 180 countries (for comparison, 153 places in 2019). In addition, Uzbekistan recorded 26 points in the rating, where 0 points are the highest level of acceptance of corruption, and 100 points are the lowest scale. According to the 2020 “Corruption Acceptance Index” published by the international non-governmental

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organization “Transparency International” in January 2021, Uzbekistan took 146th place among 180 countries and rose 7 places in 2019. Uzbekistan took 153rd place, while in 2018 this figure was 158th.Uzbekistan has risen 12 places in two years and shows the most stable indicator in the fight against corruption in the Central Asian region [5, pp. 157-159].

In March 2020, Uzbekistan took 92nd place with a score of 0.47 in the “Rule of Law” index published by the international civil society organization “World Justice Project”. In this report, the biggest change of Uzbekistan was recorded in the indicator “Absence of corruption” and it became 89th place with 0.40 points (95th place with 0.38 points in 2019).

Also, in the World Bank’s 2019 ranking of governance quality indicators published in September 2020, Uzbekistan took 179th place out of 214 countries in the “Control of Corruption” index (183rd place in 2018). In addition, in December 2020, in the rating of open data published by the international non-profit organization “Open Data Watch”, Uzbekistan ranked 44th among 187 countries in the world with 63 points, and 1st in Central Asia. took over.

In the report, Uzbekistan is recognized as one of the two countries that has risen 125 places compared to 2018 according to this indicator. At the same time, as a continuation of the systematic measures taken in this direction, the General Prosecutor’s Office in cooperation with the Supreme Court of the Republic of Uzbekistan and the Agency for Combating Corruption related to corruption, primarily harming the national interests and international image of the Republic of Uzbekistan The results of crime investigations are being comprehensively analyzed.

Results of research When speaking about the international legal cooperation of the Prosecutor General’s Office of the Republic of Uzbekistan on the fight against corruption, first of all, the Economic Cooperation and Development Organization of this office, the United Nations Development Program and its cooperation on corruption for peaceful and inclusive societies in the Asia-Pacific region It is appropriate to acknowledge the cooperation with international organizations such as the Global Anti-Corruption Project, 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 of European States.

In particular, the main areas of international cooperation between the General Prosecutor’s Office of the Republic of Uzbekistan and the European Union in the fight against corruption include the following issues: - improvement of legislation, development of long-term strategic programs in the fight against corruption; - further development of the institutional and organizational foundations of the activities of prosecutor’s offices; - active implementation of the international experience used in the fight against corruption; - application of modern information and communication technologies in the field; - creating an atmosphere of intolerance against corruption in the public.

In addition, the General Prosecutor’s Office carries out bilateral cooperation with the responsible agencies of developed foreign countries in the direction of fighting corruption.Among these, prominent international anti-corruption organizations such as the Malaysian Anti-Corruption Commission, Transparency International, Norway’s U4, and Sweden’s Sida are clear examples [6].

At this point, we should also acknowledge the significant activity of the General Prosecutor’s Office in preparing draft intergovernmental documents in the field of combating corruption in international legal activities. For example, on August 4, 2021, the Ministry of Foreign

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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 General Prosecutor’s Office of the Republic of Uzbekistan together with the State Department of the United States of America is a clear proof of our opinion. To the Office of the General Prosecutor’s Office of the Republic of Uzbekistan for Combating Economic Crime and Corruption, in accordance with international agreements in the field of combating corruption, to receive and fulfill requests for mutual legal assistance from law enforcement agencies of foreign countries, or to fulfill such requests. The tasks of organizing referrals to other competent bodies of the Republic of Uzbekistan in cooperation with the International Legal Department of the General Prosecutor’s Office, summarizing the activities of combating economic, official and corrupt crimes have been assigned. It should be noted that the UN, World Bank, OECD, EAG and FATF organizations carry out particularly important activities on the unification of anti-corruption standards in the international arena. The following international acts related to the field can be indicated, including the resolution “Corruption in the field of public administration” adopted on September 7, 1990; Resolution “Combating Corruption” and “Combating Corruption and Bribery in International Commercial Operations” adopted in 1996 [7, p. 18]. By this resolution: The International Code of Ethics of State Officials has been approved; Bangalore Principles of Judicial Conduct adopted on 19 May 2006; UN Convention against Transnational Organized Crime (15.11.2003); UN Convention against Corruption (31.10.2003); FATF recommendations; OECD Istanbul Plan, etc. [8, p. 6].

As part of all this, representatives of the International Legal Department of the General Prosecutor’s Office of the Republic of Uzbekistan have been actively participating in relevant conferences, seminars and forums. It should be noted here that the Istanbul Action Program on Combating Corruption is an anti-corruption network of the Organization for Economic Co-operation and Development in the mutual evaluation of sub regional initiatives for the countries of Eastern Europe and Central Asia. It reviews and monitors the implementation of recommendations to support the implementation of the UN Convention, other international standards and best practices [9]. Research results analysis Law enforcement activities are one of the areas of activity of the anti-corruption network, which directly supports law enforcement practitioners by organizing regular meetings, investigating corruption-related cases, strengthening their capacity, as well as the progress of foreign countries in the fight against corruption. conducts a study of experiences and practices [10, p. 108]. In any case, it is society and people who directly suffer from corruption. Therefore, this problem is recognized as a global problem, and coordinated programs and other legal norms have been developed to fight against it. In particular, the UN Convention “Against Corruption” is an internationally accepted international legal document, the draft of this document was discussed for two years with the participation of more than 130 countries and entered into force in December 2005. It developed guidelines for establishing international and national anti-corruption practices and mechanisms for their implementation [11, p. 67]. Currently, 140 countries have joined this international legal document and 80 countries have accepted it as supporters. The Republic of Uzbekistan joined the United Nations Anti-Corruption Convention.

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The above-mentioned international legal document assumes an important role in the fight against corruption, and provides for the coordinated fight against corruption, the strengthening of international cooperation in this regard and the provision of technical assistance to each other [12, p. 90. ].

No matter how sad it sounds, crime has happened in all countries and all times. But by the beginning of the 21st century, under the influence of global processes, it is gaining a very dangerous scale. Therefore, a change in the approach to corruption problems is being observed in the international legal sphere.

Conclusion Within the framework of the main directions of international legal cooperation of the law enforcement agencies of the Republic of Uzbekistan in the fight against corruption, the following conclusions were reached and relevant proposals and recommendations were made:

It is appropriate to join the Convention of the Council of Europe on the identification, seizure and confiscation of the proceeds of crime and the fight against the financing of terrorism, signed in Warsaw, Poland, on May 16, 2005.

Practical measures to train law enforcement officers in the field of combating corruption, including: - use of modern means and methods of fighting corruption; - improvement of methods of detection and investigation of corruption crimes; - investigation of complex financial crimes, effective investigation of cases in the field of legalization of criminal income; - improvement by involving international organizations and foreign experts in the training process is appropriate [13, pp. 12-17].

A number of documents of national legislation and international legal nature (contract, agreement, convention, act, pact, report, exchange of letters or notes, etc.) analysis shows that it is the General Prosecutor’s Office of the Republic of Uzbekistan among the law enforcement agencies in the field of fighting crime, international cooperation in criminal proceedings, mutual legal assistance in criminal cases, extradition, extradition, issues of arrest and transfer, transfer (handover) of persons deprived of their liberty to continue serving their sentences, transfer of convicts, transfer of persons to the International Criminal Court, and organization of cases of transfer and reception by the Republic of Uzbekistan for compulsory treatment of mentally disturbed persons As a special authorized body of the Republic of Uzbekistan, it enters into international legal relations and implements and coordinates large-scale procedural, organizational, legal and methodological work.

The analysis shows that in the international legal cooperation of the prosecutor’s office of the Republic of Uzbekistan in the fight against crime, from the point of view of the era of globalization, there is a need to establish a new direction of cooperation with the relevant law enforcement agencies of foreign countries. is dying.

First of all, the issues of international cooperation in the field of fighting against smuggling of art objects can be an example of our opinion.Because today, the activities in the field of ensuring the protection of works of art at the international level and combating their illegal circulation are becoming one of the objects of control not only by the customs authorities, but also by the prosecutor’s office.

In this direction, it is proposed to sign a memorandum of cooperation between interested agencies and international organizations (the World Customs Organization, the General Prosecutor’s Office of the Republic of Uzbekistan, the Customs Committee, the Ministry of Culture and the competent authorities of Great Britain); secondly, it is recommended to further develop cooperation in the areas of combating crimes such as falsification

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of documents, human trafficking, and corruption, and to improve the professional training of prosecutors in these areas.

In order to increase the effectiveness of international cooperation in the fight against the legalization of proceeds from criminal activities, the financing of terrorism and the financing of the distribution of weapons of mass destruction, the Financial Intelligence Unit of the Department for Combating Economic Crimes under the General Prosecutor’s Office of the Republic of Uzbekistan It is recommended to further strengthen the participation in the activities of the board of leaders of linmas.

In this context, the Council of Heads of Financial Intelligence Units of the CIS member states provides an opportunity to exchange strategic and tactical information, as well as to reduce the risks associated with the fight against money laundering and terrorist financing. In our opinion, it is appropriate to open an international center for the assessment of the risks of money laundering and terrorist financing, which will serve to implement joint measures.

Because, in the Eurasian region, important issues related to the fight against the legalization of criminal income and the financing of terrorism, as well as strengthening international cooperation in order to strengthen national systems in this field, is a requirement of today [14, p. 58].

The acceleration of the Department’s activity in such international organizations serves to increase the potential of the national system in the field of combating the legalization of criminal proceeds and the financing of terrorism, as well as the strengthening of international and regional cooperation.

It is desirable to further develop the international cooperation of the prosecution bodies of the Republic of Uzbekistan in the investigation of corruption-related crimes and the return of stolen assets (property).In this direction, projects and international standards promoted by international organizations such as the Economic Cooperation and Development Organization’s anti-corruption network for Eastern European and Central Asian countries, the “Egmont” group, EAG and FATF have a positive effect [15, 215-223 -p.].

Summarizing the above information and facts, it is recommended to supplement the Law of the Republic of Uzbekistan No. 257-II “On the Prosecutor’s Office” adopted on August 29, 2001 with completely new provisions as follows:

1) “Article 21. The role of the prosecutor’s office of the Republic of Uzbekistan in protecting the interests of the Republic of Uzbekistan The General Prosecutor’s Office of the Republic of Uzbekistan provides representation and protection of the interests of the Republic of Uzbekistan in interstate, foreign and international (interstate) courts within its powers”; 2) “Article 121. Representation of the General Prosecutor’s Office of the Republic of Uzbekistan in the protection of the interests of the Republic of Uzbekistan. based on) is organized”.