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  1. Ochiq kirishMaqola

    THE SCOPE OF APPLICATION OF THE CONCEPTS OF NATIONALITY AND PERSONAL LAW TO THE LEGAL ENTITY

    A. Abdukodirov · TSUL Legal Report · 2022

    This article examines the areas of application of the nationality and personal law of a legal entity, which plays an important role in the relations of a legal entity in a foreign state and with foreign legal entities, ie public and private international legal relations. In this case, tax, investment and diplomatic protection are discussed separately as the main areas of focus on the nationality of the legal entity. It has also been proved based on the legislation of foreign countries, judicial practice, bilateral and multilateral international agreements, scientific doctrine on the application of the nationality and personal law of a legal entity in various fields are that nationality and personal law of a legal entity are separate concepts. More precisely, it was concluded that the nationality of a legal entity should be applied in public legal relations, and personal law in private international legal relations.

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  2. Ochiq kirishMaqola

    INITIAL PUBLIC OFFERING (IPO) IN UZBEKISTAN: THEORY, PRACTICE AND LEGAL REGULATION

    K. Batirova · TSUL Legal Report · 2022

    The article is aimed at disclosing of the legal nature of Initial public offering as a mechanism for attracting additional funds from joint-stock companies in Uzbekistan. The analyze of this mechanism is based on legal documents, regulating this process and practice in Uzbekistan, theoretical basics and foreign scientists‘ attitudes, then the experience of Initial public Offering of such foreign companies as FixPrice and Facebook. Additionally, the article examines in detail the advantages and disadvantages of companies entering the stock exchange and selling their shares to the public through an IPO. Based on the results of the analysis of national legislation and the practice of foreign companies on the Initial Public Offering, we compared the Initial and Secondary public offerings, their legal nature and distinctive features from each other. Also, we found out that the definitions of the concepts of IPO and SPO established by the legislation of the Republic of Uzbekistan are incorrect and therefore they do not coincide with the practice of IPO and SPO of national companies and foreign experience.

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  3. Ochiq kirishMaqola

    THE CONCEPT OF PROVIDING RULE-MAKING PROCESS WITH INFORMATION

    A. Sodikov · TSUL Legal Report · 2022

    This article analyzes the concept, essence and charactristics of providing rule-making process with information. Along with encyclopedic materials of the Republic of Uzbekistan, the approaches and opinions of scientists have been discussed. As part of the study, the normative legal acts of the Repubic of Uzbekistan have been analyzed in detail. Author‘s definitions for the relevant notions have been developed which means that the writer achieved the purpose of this scientific research. In fact, in addition to legal research, the author developed scientifically proved definitions of several legal terms such as “information”, “information used in the rule-making process” and “providing rule-making process with information”. The issue of developing requirements for information in national legislation will be discussed by studying the scientific views on the information applied in rule-making process and the concept of providing rule-making process with information. It also examines the relevance of all types of information, regardless of the form, type, and stage of rule-making process and the importance of normative legal acts in determining viability, sustainability, and regulatory impact. It is recognized that information supply in the rule-making process and the mechanism of regulation of certain social relations affects the rational and effective perception of the normative legal acts by the general public.

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  4. Ochiq kirishMaqola

    SOME THEORETICAL ISSUES IN THE DEVELOPMENT OF LAW IN THE COUNTRIES OF CENTRAL ASIA IN THE CONTEXT OF DIGITALIZATION

    M. Akhmedshaeva · TSUL Legal Report · 2022

    The article analyzes and compares the legal developments of the countries of Central Asia in the context of digitalization of all aspects of public life, including the legal sphere. There is a commonality in the legal development, due to the commonality of their historical development, religion, culture, customs, mentality of these countries. Also, the region in which they are located is the basis for uniting them into a separate group.The author tried to analyze the common features of the legal systems of these countries, as well as those features that are inherent in the legal development of individual countries of this region. It is noted that the judicial system of these countries is developing along the same vector towards the creation of a truly independent judicial system, which does not exclude the presence of certain aspects in development, in particular the institution of jury trial in Kazakhstan, attempts to create such in Kyrgyzstan, etc. or those common and distinctive features that took place in the systems of sources of law in these countries regarding the status of decisions of the Supreme Courts. The article also notes those trends in the legal development of these countries, such as the influence of English law and its application in the field of international cooperation, more precisely in the field of business and commerce.

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  5. Ochiq kirishMaqola

    INTERNATIONAL LEGAL COOPERATION OF THE PROSECUTORS BODIES AGAINST CORRUPTION

    D. Valijonov · TSUL Legal Report · 2022

    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.

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  6. Ochiq kirishMaqola

    PROBLEMS OF REFORMING THE UN SECURITY COUNCIL AND IMPROVING ITS EFFECTIVENESS

    U. Aliev · TSUL Legal Report · 2022

    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.

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  7. Ochiq kirishMaqola

    THE ESSENCE OF PARALLEL IMPORT AND PROBLEMS OF ITS REGULATION IN THE REPUBLIC OF UZBEKISTAN

    S. Almosova · TSUL Legal Report · 2022

    This article discusses the definitions of various scholars given to the concept of parallel import, phenomenon‘s ever-increasing actuality and economic significance, as well as the issues of its legal regulation by states. The importance of exhaustion regime of intellectual property rights, its reflection in international agreements and the role in WTO system and international trade at large are mentioned. The problems associated with legislation coverage of this concept in our national civil and customs law are discussed and the procedure for parallel imports and exhaustion in the Republic of Uzbekistan are reviewed in the case of courts. Furthermore, this paper articulates that economic analysis of parallel imports and their effects is of high importance when adopting Article 6 of TRIPS Agreement. The relationship between parallel imports and access to pharmaceuticals is analyzed and the author made a judgment on what factors should be considered by governments on complying national legislation with international norms that permit parallel trade of IP objects.

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  8. Ochiq kirishMaqola

    PRINCIPLES OF INTERNATIONAL COOPERATION IN THE FIELD OF PREVENTING ILLICIT TRAFFICKING IN NARCOTIC DRUGS, PSYCHOTROPIC SUBSTANCES AND PRECURSORS

    D. Musaev · TSUL Legal Report · 2022

    The author raises the problem of international cooperation between states in the field of illegal circulation of narcotic drugs and psychotropic substances. References are given to the main, signed in different years, conventions concerning this problem. The general principles of combating crime developed by the United Nations are considered. The historical experience of combating crime is analyzed. It is noted that the UN congresses on the prevention of crime and the treatment of offenders play a special role in preventing and combating transnational organized crime. Analyzed the main international normative legal acts in this area. The mechanisms of adoption and the forms of practical application of these conventions are disclosed, as well as an analysis of the situation in the world with regard to drug trafficking, options for resolving the problem by strengthening the international system of control over drug trafficking are proposed. The article also highlights the current state of international legal cooperation between states in countering the illicit trafficking of narcotic drugs and psychotropic substances. The characteristic features of the approach to overcoming the current situation in the field of drug use, the use of various methods of countering this negative phenomenon in the process of suppressing illegal actions are analyzed. The necessity of joint use of methods of combating the global problem of all mankind has been identified and substantiated.

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  9. Ochiq kirishMaqola

    CONTRIBUTIONS OF CENTRAL ASIAN SCHOLARS TO THE DEVELOPMENT OF ISLAMIC SCIENCES: SARAKHSI – FOUNDER-FATHER OF INTERNATIONAL LAW

    K. Yunusov · TSUL Legal Report · 2022

    This article is dedicated to contributions of Central Asian scholars to the development of islamic sciences, including Muhammad ibn Ahmad Abu Bakr Sarakhsi‘s legacy in international law doctrine. Author gives an authoritative statement that Central Asia, namely Uzbekistan, is, apparently, the homeland of International Law thanks to works of formidable scholar Muhammad ibn Ahmad Sarakhsi, so-called as “Hugo Grotius of the Muslims”. According to him, by interpreting Arabic scholar Muhammad Shaybani‘s book “Kitab al-Siyar al-Kabir”, Sarakhsi was first to set forth the “Siyar” – “International Law” as an autonomous and legitimate discipline within the framework of law. Author firmly maintains that Sarakhsi was a leading scientific authority who was credited by all islamic scholars as being one of the greatest scholars of Islamic jurisprudence of his time. According to author‘s preliminary research results, he was one of the real founder-fathers of international law.

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  10. Ochiq kirishMaqola

    SPECIFIC ASPECTS OF PROOF

    S. Uralov · TSUL Legal Report · 2022

    This article provides descriptions of evidence and proof in criminal proceedings. At the pre-trial stage and in court, the admissibility of the evidence and the issues raised were raised. Procedures for the collection and examination of evidence are explained. The question of whether or not to admit the evidence to the court has been clarified. The subjects of evidence and their powers in conducting investigative actions are also explained. The purpose and subject of the proof are specified in a separate order with clear criteria. A comparative legal analysis of prejudicial issues in the criminal procedure law of the CIS countries, scientific proposals and recommendations on the implementation of the national legislation on the application of the institution of prejudice in criminal procedure law in the Republic of Uzbekistan and the development of the legal framework of this institution. The relevance of the topic is that in the criminal process, the institution of prejudice allows to resolve conflicts in the activities of state bodies and officials responsible for criminal proceedings, to easily resolve prejudicial situations that require a lot of money and effort. The object of research is the legal relationship arising from the application of the institution of prejudice in criminal proceedings. The subject of research is the objective laws of activity on the implementation of the institution of prejudice in law, sources of national and foreign criminal procedure legislation.

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  11. Ochiq kirishMaqola

    QUALIFICATION OF CRIMES OF TORTURE AND OTHER CRUEL, INHUMAN OR DEGRADING TREATMENT

    J. Haydarov · TSUL Legal Report · 2022

    The study provides, giving a detailed legal definition of the criminal structure of crimes of torture and other cruel, inhuman or degrading treatment or punishment, comparative and legal analysis of national and foreign legislation on liability for torture and related crimes with the usage of international conventions, qualification of torture and other cruel, inhuman or degrading treatment. In addition, clear and detailed proposals have been put forward to improve the legislation, in particular the Criminal Code, through the study of international experience and norms of international law. A number of recommendations have been developed for a fundamental improvement in law enforcement practice, with an analytical and legal analysis of existing shortcomings in the legal system based on the results of data on cases of torture. With this topic it is clarified the composition of crimes related to torture and other illegal treatment or punishment. The subjective and objective sides of the crime and the basis of qualification, as well as its problems on qualifying the crime are clearly defined.

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  12. Ochiq kirishMaqola

    MITIGATING FACTORS AND CRIMINAL DEFENSES IN CRIMINAL LEGISLATION OF THE KINGDOM OF NORWAY (COMPARATIVE ANALYSIS)

    B. Islomov · TSUL Legal Report · 2022

    This paper is dedicated to comparative analysis of the criminal legislation of Norway in framework of consideration of the mitigating factors and criminal defenses. The present research is provided overall explore of mitigation of sentence institute in accordance with the existing edition of the Penal Code of the Norway, announced on 20 of May, 2005 and fully entered into force on 1 of October, 2015 (Chapter 16 was entered into force from 7 of March, 2008) and the Criminal Code of the Republic of Uzbekistan, enacted on 22 of September, 1994 and entered into force from 1st of April, 1995, including the issues on determining the punishment for the criminal offences committed in a state of mental disorder as well as insanity and diminished responsibility, for incomplete offences and the criminal complicity, including criminal defenses, institutions on the withdrawal (voluntary refusal) from the commission of an offence and innocent harm. Pursuant to the results of the conducted analysis, similar and different sides of existing criminal laws have been clarified, decisions on the concluded analysis and final conclusion on the implementation of Norway‘s some criminal law norms to the criminal law of the Republic of Uzbekistan has been provided.

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  13. Ochiq kirishMaqola

    PROCEDURE AND BASIS FOR APPLICATION OF PROCEDURAL COERCIVE MEASURES

    D. Dаvronov · TSUL Legal Report · 2022

    This article analyzes the types of coercive measures used in civil proceedings, including coercion, warning, expulsion from the courtroom, and court fines. The article also discusses the grounds, procedure and timing of the application of coercive measures, the need for coercive measures and the practical problems arising in the process of litigation, the experience of international countries in this area, as well as the application of coercive measures in society. The role and significance of coercive procedural measures in the judicial system, its application, procedure, scope, restrictions and exceptions in the using of coercive measures, including compulsory attendance, the bodies authorized to apply these measures, their rights and obligations established by the law, relations between judicial bodies and bodies authorized to implement coercive procedural measures, comparative analysis of national and foreign civil procedural legislation on applying of coercive measures in civil court proceedings, similarities and different aspects, making suggestions and recommendations on improving procedural coercive measures in civil proceedings are analyzed.

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  14. Ochiq kirishMaqola

    TYPES OF ARBITRATION COURTS AND THEIR CLASSIFICATION

    A. Khakberdiev · TSUL Legal Report · 2022

    In the context of modernization and reform in the world, the ongoing reforms in the field of law enforcement and the judiciary is primarily aimed at the full protection of human rights, freedoms and legitimate interests. Over the past period, a wide range of organizational and legal measures have been taken to gradually strengthen the judiciary, ensure the independence of the judiciary, and reliably protect human and civil rights and freedoms. There are also problems with arbitration today. This article examines the classification of arbitration courts as one of the types of alternative dispute resolution and their types with an analysis of foreign experience. The types of arbitration courts have been studied in accordance with their classification in accordance with our national legislation, and appropriate proposals and recommendations have been made. This article addresses these issues.

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  15. Ochiq kirishMaqola

    SOME ISSUES OF REGULATION OF CYBERSPORT AND BUSINESS ACTIVITIES IN IT

    P. Mukhamatkulova · TSUL Legal Report · 2022

    This article aims to consider some issues of regulation of the cybersport industry, to analyze its fragmentation and diversity, giving examples of the most popular games, the main parties involved in this industry: players, teams, organizations, leagues, publishers. The article attempts to determine the legal framework and regulation of e-sports based on international experience. The author, considering e-sports as a business, notes an unusually accelerated product life cycle, the opportunity to work on a franchise, a variety of potential business partners, as well as the prospects for investing in this industry. Thus, it is concluded that cybersport is a new phenomenon and is currently a developing area of sports. This sport has its supporters and opponents; there are those who does not classify cybersport as a sport as such. However, today e-sports is a powerful industry that is actively developing around the world, brings significant income, and shows the need for comprehensive legal regulation.

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  16. Ochiq kirishMaqola

    THE CONCEPT AND ESSENCE OF CRYPTOCURRENCY

    M. Ramazonov · TSUL Legal Report · 2022

    The relevance of the research topic is related to the distribution and development of a new financial instrument, aimed at studying and developing such issues as the features of the object and subject of crimes committed in the circulation of cryptocurrency in our country and in other countries, international cooperation in the field of cryptocurrency circulation and the experience of foreign countries in this direction. These questions are important not only for understanding the relationship between the use of cryptocurrencies by transnational criminals, but also for finding measures to control and prevent such cybercrimes. It is necessary to make one more note, in this final qualification work such terms as cryptocurrency, virtual currency, digital currency and digital cash will be used interchangeably to describe cryptocurrency. In the era of globalization, the accelerated development of technology, it is impossible not to notice and feel the influence of the virtual world. This virtual world, referred to as the Internet, has simplified many life processes. In the recent past, crimes were more local and less transnational.

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  17. Ochiq kirishMaqola

    THE CONCEPT, IMPORTANCE AND CHARACTERISTICS OF ELECTRONIC CURRENCY

    B. Kholmirov · TSUL Legal Report · 2022

    The article analyzes the legal nature of the electronic currency. It is of scientific research interest, since the main task of the state in the field of electronic payments is not only to create a legal climate, protect the participants in the settlement, increase transparency and legalization, but also create equal conditions for the development of electronic cash and virtual money. As well as, in the context of the global financial and economic crisis, the fall in public confidence in the banking system and state currencies, the ideas of creating new, alternative currency systems have become especially relevant. The most famous is an electronic currency protected by a cryptographic coding system, which is why it is called a crypto currency. A number of authors‘ publications have already discussed the features of electronic currency. Within the framework of this article, the legal foundations of the issue under study will be touched upon. For the World Bank, ministries of finance and central banks of different countries, the problem of the existence of virtual, or cryptocurrencies, is relevant.

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  18. Ochiq kirishMaqola

    PROBLEMS OF PUBLIC SERVICE IN THE REPUBLIC OF UZBEKISTAN: FURTHER IMPROVEMENT OF THE PUBLIC SERVICE SYSTEM

    I. Norov · TSUL Legal Report · 2022

    This article is devoted to the study of the public service system. The author comes to the conclusion that the effectiveness of the public service, its social usefulness is determined by how, in what way and how well it serves the needs of a person, helps them in life. The civil service includes a necessary and important element of the structure of the state. It plays a bridging role between the state and society. This article also analyzes the new draft law “On the State Civil Service”. The further democratization of state building is a continuous process. Obviously, the reform of national statehood in Uzbekistan should also affect the institution of public service. The state program for the implementation of the Strategy of New Uzbekistan for 2022-2026, approved by the Decree of the President of the Republic of Uzbekistan dated January 28, 2022 №PQ-60, provides new changes in this sphere.

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  19. Ochiq kirishMaqola

    MECHANISM OF APPEAL TO THE CONSTITUTIONAL COURT

    N. Nurmamatova · TSUL Legal Report · 2022

    This article describes the legal basis for the application of officials, citizens and legal entities to the Constitutional Court of the Republic of Uzbekistan. It also provides a comparative legal analysis of the procedure by which individuals can apply to the Constitutional Court in foreign countries, including the Czech Republic, Germany and the United States, and what issues can be grounds for appealing to the Constitutional Court. The article also discusses the problems that arise in the process of appeals of citizens and legal entities to the Constitutional Court of the Republic of Uzbekistan as well as the achievements of the new law on the appeal of the Constitutional Court, which is a constitutional right of citizens and the shortcomings and legal gaps in the development of a new law on the appeal of citizens to the Constitutional Court have been comprehensively analyzed and all the reflected problems proposals have been developed.

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  20. Ochiq kirishMaqola

    ORGANIZATIONAL AND LEGAL ISSUES OF GENDER EQUALITY IN THE CIVIL SERVICE

    D. Rakhimov · TSUL Legal Report · 2022

    This article aims to study the issue of gender equality in the civil service of the Republic of Uzbekistan, its organizational and legal issues. The article explores the concepts of civil service, gender and gender equality theoretically based on the views of national and foreign scholars. The political will to ensure gender equality in the new Uzbekistan, the views of the President of the Republic of Uzbekistan Shavkat Mirziyoyev in this regard are included in the article. The contents of the law “On guarantees of equal rights and opportunities for women and men” and other normative legal acts adopted in the new Uzbekistan on gender equality, in particular, the “Strategy for achieving gender equality in the Republic of Uzbekistan until 2030” are analyzed. The role of gender equality in the civil service in these normative legal acts is studied. The work done to achieve gender equality in the civil service of the Republic of Uzbekistan in 2017-2022, the current state of women‘s participation in public administration and civil service are also studied. The problems of women‘s involvement in the civil service have also been systematized and solutions have been proposed. As a result of the study, a number of conclusions were reached and a number of proposals and recommendations were developed to improve gender equality in the civil service of the Republic of Uzbekistan.

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