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  1. Ochiq kirishMaqola

    DIRECTIONS FOR IMPROVING MASS MEDIA AND INFORMATION RIGHTS

    S. Jakhonov · TSUL Legal Report · 2024

    The article analyzes the priorities for improving the activities of the mass media in the field of public control, including the opinions of several scientists about the activities of the mass media in the implementation of public control, as well as the legal basis of public control. In addition, in the civil society that is being established in our country, state authorities and officials are under the control of the general public based on the Constitution and laws, and state agencies and officials are “hired servants” of civil society and are responsible to the people, in particular, the principles of communication with the people, the state to citizens. It is highlighted that the principles of service provision are important in ensuring the implementation of laws on the liberalization of public life, as well as public control over the activities of state authorities and management bodies; in a word, establishing a sufficient level of public control is a requirement of today. At the same time, proposals and recommendations have been developed in order to further accelerate reforms in the way of building a civil society and to improve the activities of mass media directly related to public control in ensuring the rule of law.

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  2. Ochiq kirishMaqola

    THE LEGAL NATURE OF THE STATE FINANCIAL CONTROL FUNCTION

    E. Asadov · TSUL Legal Report · 2024

    In this article, the author analyzed the functions of state financial control and the categories related to state financial activities. The purpose of this study is to develop proposals and conclusions aimed at improving the functions of state financial control and state financial activities as a result of the study. The function of state financial control is the main activity arising from the tasks of state financing. The financial activity of the state plays an important role in these processes. In order to finance the state, it is necessary to systematically and purposefully carry out state financial control, which, in turn, leads to an open and transparent formation of the state budget. The existence of the state is linked to the extent to which its activities are funded. For example, all state revenues should be reflected in the State Budget and special funds. Tax and non-tax payments levied on the state‘s income should be reflected in these funds. In these processes, state financial control is manifested; in particular, control over the processes of accumulation, distribution, redistribution, and use of funds is financial control at the state level. While the financial activity of the state means its participation in financial relations in the life of the state and society, state financial control means ensuring the function of state control over these cumulative financial relations aimed at ensuring discipline and legality. Through a comparative analysis of the legislation of national and foreign states, historical and legal, systemic, logical, statistical, and other methods, the concepts of the function of state financial control and state financial activity and proposals for it were developed. These proposals are used in scientific activities, lawmaking, law enforcement practice, interpretation, and improvement of national legislation.

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  3. Ochiq kirishMaqola

    GENERAL CONCEPTS AND PRINCIPLES OF CONSENT TO BE BOUND BY A TREATY IN THE DOCTRINE OF INTERNATIONAL LAW

    J. Safarov · TSUL Legal Report · 2024

    At the present stage of the evolution of statehood, international treaties form the legal basis of interstate relations and are a means of maintaining universal peace and security and developing international cooperation in accordance with the purposes and principles of the UN Charter. Therefore, treaties occupy a very important place in international law, and along with the concept of a treaty, the doctrine of international law should define general concepts and principles of expressing consent to be bound by a treaty. For example, it is possible to conclude international treaties between states and/or international organizations in various forms, including “ratification,” “act of formal approval,” “acceptance,” “confirmation,” “succession,” and “accession.” However, there is no single international instrument expressing the rules of consent to be bound by a treaty. In particular, the 1969 Vienna Convention on the Law of Treaties does not clarify the concept of “succession” along with “formal ratification.” Moreover, the 1896 Convention has not yet entered into force. Thus, this article assesses possible solutions to unify and express the concepts and norms of expressing consent to be bound by a treaty in the doctrine of international law.

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  4. Ochiq kirishMaqola

    Regulating Foreign Investment in a Diversifying Asia: A Comparative Analysis

    J. Rakhmonov · TSUL Legal Report · 2024

    Foreign direct investment (FDI) has played a pivotal role in Asia‘s remarkable economic growth and transformation over the past few decades. However, the region‘s growing diversity in terms of economic development, political systems, and cultural values has also raised concerns about the potential negative impacts of FDI, such as environmental degradation, labor exploitation, and erosion of cultural identity. In response to these concerns, many Asian governments have implemented various regulatory measures to manage FDI flows and safeguard their national interests. This paper conducts a comparative analysis of FDI regulatory frameworks in a diverse sample of Asian countries, including India. The analysis examines the key objectives, instruments, and effectiveness of these regulatory frameworks in promoting sustainable and inclusive development. It also identifies common challenges and emerging trends in FDI regulation across the region. The findings of the study reveal a wide range of approaches to FDI regulation in Asia, reflecting the specific contexts and development priorities of each country. While some countries have adopted more liberal and open investment policies, others have maintained stricter controls to protect strategic sectors and promote domestic industries. The effectiveness of these regulatory frameworks has also varied, with some countries experiencing significant benefits from FDI while others have faced challenges in managing its potential negative impacts.

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  5. Ochiq kirishMaqola

    SOME ISSUES OF IMPROVING ORGANIZATIONAL-LEGAL BASES OF BANKING LEGISLATION IN UZBEKISTAN

    I. Mustanov · TSUL Legal Report · 2024

    In this article, the author analyzed the categories related to the banking system as part of the financial system. The purpose of this study is to develop proposals and conclusions aimed at improving the performance of the bank as a result of the study. Banks are active participants in the financial market and business entities. Proper implementation of banking activities leads to the development of production and entrepreneurship. Banks provide banking services to individuals and legal entities and ensure the circulation of their funds through the bank. Banks, in turn, are financial agents that determine the volume of working capital, determine the tax base for paying taxes, and provide a non-cash payment system. Therefore, it is important to carry out state registration of the activities of banks and ensure the legality of their activities. By studying these issues through a comparative analysis of domestic and foreign legislation, historical, legal, systemic, logical, statistical, and other methods, the concepts of banking and banking activities in national legislation and proposals for banking legislation have been developed. These proposals are used in scientific activities, lawmaking, law enforcement, the interpretation of banking legislation, and the improvement of national legislation. Banks carry out banking operations and banking services of a legal nature. Banking is concerned with finance and banking activities, while banking services are manifested in organizational activities.

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  6. Ochiq kirishMaqola

    CLASSIFICATION AND LEGAL NATURE OF TAX AUDITS IN UZBEKISTAN

    B. Normatov · TSUL Legal Report · 2024

    The author separately analyzed the classification of tax audits and types of tax audits. The purpose of this study is to develop, as a result of the study, proposals and conclusions aimed at clarifying the types of tax audits characteristic of the legal nature of the research being carried out. A tax audit is the main legal instrument of tax authorities and must have specific forms and types as an effective means of influencing taxpayers. Otherwise, the number of cases of illegal audits by tax authorities and violations of the rights and interests of taxpayers will increase. Therefore, it is important to clearly define in the Tax Code the legal basis for the classification of tax audits and the scope of powers of each type. Types of tax audits are based on the effectiveness of methods and means of illuminating the object of taxation, and ensuring discipline of state budget revenues without causing harm to taxpayers is the main issue. These issues are studied through a comparative analysis of the legislation of domestic and foreign countries, using historical, legal, systemic, logical, statistical, and other methods. National legislation has developed proposals for the classification, types, and scope of activities that can be carried out during a tax audit. These proposals are used in scientific activity, lawmaking, law enforcement, interpretation of tax legislation, and improvement of national legislation. There are two types of tax audits of a legal nature: desk and on-site audit methods.

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  7. Ochiq kirishMaqola

    LEGAL ANALYSIS OF THE LAW OF THE REPUBLIC OF UZBEKISTAN “ON PAYMENTS AND PAYMENT SYSTEM”

    N. AllahRakha · TSUL Legal Report · 2024

    This paper examines Uzbekistan‘s legislation governing payments and payment systems, Law No. LRU-578, enacted on November 1, 2019. It provides background on the law‘s objectives of regulating relationships around payment services among individuals and entities. The aim is to assess key provisions concerning system operators, participant roles, licensing, risk management, settlement finality, electronic money, security protocols, and Central Bank oversight. Methodologically, the law‘s text is reviewed to summarize directives and elucidate concepts. Results detail defined terms, system categorization, operator functions, settlement irrevocability, licensing procedures, electronic currency parameters, risk mitigation, incident reporting, and non-compliance penalties. While underscoring integrity, efficiency, and oversight of payment systems, certain technology-based transactions are excluded. Recommendations include ensuring comprehensive coverage in line with global frameworks, emphasizing consumer protection, and addressing emerging electronic platforms. As digital payments growth accelerates globally, analysis of Uzbekistan‘s updated legal basis and directions for further strengthening are pertinent.

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  8. Ochiq kirishMaqola

    DE-IDENTIFICATION AND ANONYMIZATION: LEGAL AND TECHNICAL APPROACHES

    S. Mamanazarov · TSUL Legal Report · 2024

    This study analyzes legal and technical approaches to data de-identification and anonymization, motivated by the need to develop balanced standards that preserve privacy without stifling beneficial data uses. Doctrinal and technical literature review methods examine provisions in major data protection laws worldwide, including the EU‘s GDPR, US HIPAA, and emerging frameworks in China, India, and Uzbekistan, alongside mathematical models like differential privacy and k-anonymity. The legal analysis reveals common themes like flexible research exemptions for anonymized data and calibrating standards based on sensitivity, but also gaps such as ambiguities around pseudonymization. The technical review highlights the strengths and weaknesses of encryption, perturbation, generalization, and federation techniques, emphasizing the need to complement mathematical methods with governance controls. Key findings include the importance of allowing contextual optimization, providing detailed regulatory guidance, and addressing re-identification incentives. Recommendations are provided for advancing Uzbekistan‘s data protection laws and practices based on international experiences, such as enabling public oversight, conducting localized impact assessments, and promoting privacy-enhancing technologies. The study concludes that to anonymize data in a way that enables research while also protecting people‘s rights, we need a comprehensive approach that includes laws, organizational rules, technical safeguards, ethical decision-making, and public input. All of these parts working together is important for successful data anonymization.

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  9. Ochiq kirishMaqola

    TOURISM SERVICES‘ REGULATION IN THE PROCESS OF UZBEKISTAN‘S ACCESSING THE WTO: LEGAL AND PRACTICAL ANALYSES

    S. Usmanova · TSUL Legal Report · 2024

    Today, the World Trade Organization is the main foundation of all economic activity in globalized states. The membership of the Republic of Uzbekistan in this organization will create the responsibility for a comprehensive analysis of the issues of its membership in the future, which will play an important role in the further integration of the country into the world community. The General Agreement on Trade in Services, as an integral treaty of this system, is considered to be one of the important agreements. The research paper emphasizes the legal and practical aspects of the regulation of tourism services in the framework of the GATS during this accession process. Moreover, recommendations based on international-legal norms on the WTO, scientific sources, and the results of in-depth interviews with foreign and national professionals, as well as academicians, which should be implemented in the conditions of Uzbekistan‘s joining the organization have been proposed.

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  10. Ochiq kirishMaqola

    Doctrinal views on understanding the legal nature of conflict of interest

    F. Makhmudov · TSUL Legal Report · 2024

    In this article, the doctrinal views on understanding the legal nature of the conflict of interests in the activities of state civil servants are analyzed based on the scientific opinions and views of national and foreign scientists. In the article, the field of public civil service was selected as the main fundamental basis, and the cases related to the conflict of interests in it were discussed. At the same time, the international and national documents describing the conflict of interests were analyzed, and the problems in the system were discussed on the basis of a scientific discussion. In the research work, each case is analyzed from a scientific point of view using methods such as logic, systematicity, comparison, induction, and deduction. At the end of the research, the issues of preventing conflicts of interest in the state civil service were substantiated from a scientific and theoretical point of view, and suggestions and recommendations were developed regarding the improvement of the activity. Moreover, it was concluded that the conflict of interests as a form of corruption is a socio-legal problem that seriously damages the state administration and the rights and interests of citizens. As a general conclusion, a conflict of interest is recognized as a conflict that occurs between the powers of a civil servant and his personal interests. The author‘s personal position regarding the object of research is stated, and the definition of authorship is developed regarding the topic.

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  11. Ochiq kirishMaqola

    Judicial verdict in the Romano-German legal system: analysis of procedural aspects

    S. Alishaev · TSUL Legal Report · 2023

    This scientific article analyzes the procedural aspects of a court sentence within the framework of the Romano-Germanic legal system. The structure of the court sentence, its role in law enforcement, as well as its impact on judicial practice and society as a whole are considered. A comparative analysis of court sentences in the Romano-Germanic and general legal systems also highlights the features of this system.

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  12. Ochiq kirishMaqola

    DATA OWNERSHIP RIGHTS: LEGAL AND TECHNICAL SOLUTIONS

    S. Mamanazarov · TSUL Legal Report · 2023

    In the era of the digital economy, the concept of data ownership rights has emerged as a critical and complex issue. This research delves into the legal and technological dimensions surrounding the feasibility of establishing proprietary rights over digital artifacts. As data assumes heightened economic significance, questions arise regarding the applicability of traditional property laws to intangible, easily replicable digital representations. Scholars debate whether exclusive rights over non-rivalrous resources are meaningful in a landscape where multiple parties can simultaneously utilize data without depletion.The study employs a comprehensive methodology, analyzing legal frameworks globally and evaluating technological tools such as blockchain, homomorphic encryption, and digital watermarking. Legal barriers are explored, addressing challenges in establishing ownership over dynamically evolving data assets. The research also investigates emerging technological capabilities that facilitate usage controls, access management, and transparency. The focus then shifts to proposing a holistic data rights management framework, emphasizing the need for international accords, multi-stakeholder collaboration, and standardized metadata.

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  13. Ochiq kirishMaqola

    COMPARATIVE LEGAL ANALYSIS OF THE LEGAL FRAMEWORK AND BEST PRACTICE OF SOME FOREIGN COUNTRIES ON THE WORKING CONDITIONS CREATED FOR CIVIL SERVANTS AND EMPLOYEES

    M. Ibragimova · TSUL Legal Report · 2023

    This research, integral to the examination of foreign countries‘ best practices in civil service reform and the enhancement of social guarantees for civil servants within our nation, employs a comprehensive set of research methods. The study aims to glean insights from the transformative experiences of countries undergoing radical public administration reform. Methodologically, a comparative analysis is employed to assess the strategies and policies in the field of public service. The research focuses on nations like Georgia, Estonia, Poland, Croatia, Vietnam, and Singapore, utilizing case studies and in-depth interviews with key stakeholders. The conclusions drawn from this research shed light on the effectiveness of various reform measures and their implications for civil service enhancement. The findings advocate for the adaptation of successful practices observed in the aforementioned countries. Moreover, the research suggests specific legislative adjustments to align our civil service framework with international best practices. The proposed legislative modifications aim to foster a more responsive, accountable, and efficient civil service, ultimately contributing to the overall development and well-being of our society.

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  14. Ochiq kirishMaqola

    LEGISLATIVE STRATEGIES IN COMBATTING CORRUPTION ACROSS CENTRAL ASIAN NATIONS

    I. Norov · TSUL Legal Report · 2023

    This article provides a focused analysis of legislative strategies employed in the ongoing battle against corruption across Central Asian nations: Kazakhstan, Kyrgyzstan, Tajikistan, Turkmenistan, and Uzbekistan. Recognizing corruption as a pervasive impediment to development and governance in the region, the study systematically examines the effectiveness of diverse legislative frameworks and institutional mechanisms adopted by these nations. Through a comparative lens, we assess the successes and shortcomings of anti-corruption legislation, shedding light on the evolution of governance structures and the resulting impact on transparency and accountability. Special attention is devoted to judicial reforms and civil society engagement in shaping the legislative landscape. The article also investigates the efficacy of international collaborations and regional initiatives in fortifying anti-corruption endeavors within Central Asia. By charting the nuanced trajectories of legislative responses, this research contributes to a nuanced understanding of the complex interplay between legal frameworks and anti-corruption outcomes. The insights derived from this analysis are instrumental for policymakers, scholars, and practitioners working towards refining anti-corruption strategies in analogous contexts. As Central Asian nations grapple with the persistent challenge of corruption, this study provides a timely examination of legislative strategies that can inform evidence-based policy interventions, fostering a more resilient and accountable governance framework in the region.

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  15. Ochiq kirishMaqola

    PECULIAR FEATURES OF EVIDENCE AT THE TERMINATION OF A CRIMINAL CASE

    S. Makhmudov · TSUL Legal Report · 2023

    This article analyzes the importance of proof and its features at the stage of termination of a criminal case based on the norms of criminal and criminal procedure legislation at the implementation stage of judicial reform. The article studies this institution‘s scope through the views scientists expressed on proving when closing a criminal case. Based on the views and ideas put forward by scientists, the issue of proof in the termination of a criminal case is analyzed through scientific, theoretical, practical, and legal norms.The article analyzes the grounds for terminating a criminal case through a comparative analysis of the opinions of scientists on the issue of proving when terminating a criminal case. Based on the analysis results, conclusions, proposals, and recommendations aimed at improving the evidence in the termination of a criminal case have been developed.

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  16. Ochiq kirishMaqola

    INSOLVENCY LAW IN THE REPUBLIC OF UZBEKISTAN: HISTORICAL AND COMPARATIVE ANALYSIS

    B. Hudaybergenov · TSUL Legal Report · 2023

    This article studied and analyzed the history of insolvency law of Uzbekistan, issues of protection of the entrepreneurs‘ rights, restoring solvency of the debtor, and satisfaction of creditors‘ claims with the use of insolvency procedures in accordance with the bankruptcy law of the Republic of Uzbekistan. In addition, when determining the signs of insolvency, it was analyzed that monetary obligations and debts on mandatory payments should be taken into account, and claims arising from labor relations should not be grounds for initiating bankruptcy proceedings. Particular attention was paid to the objectives of the credit policy when establishing insolvency regimes, based on two goals - fair distribution of risks and maximizing the value of the debtor‘s assets. The models of insolvency regulation are analyzed using the example of the countries of Europe and the USA; their experience is compared with the practice of Uzbekistan. In particular, it has been established that rehabilitation norms appeared in US legislation and were subsequently used as a model in European countries, and the legislation of many countries is currently improving its legislation on the rehabilitation of the debtor. Analytical conclusions, ideas, and recommendations were also developed on the need to develop the concept of insolvency in Uzbekistan and the priorities that should be reflected in it.

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  17. Ochiq kirishMaqola

    THEORETICAL AND LEGAL ANALYSIS OF E-JUSTICE IN THE REPUBLIC OF UZBEKISTAN

    N. Pulatova · TSUL Legal Report · 2023

    In the context of the subject of our article, we find it necessary to clarify the meaning of certain terms related to the use of ICT in the sphere of jurisprudence. Thus, it is essential to differentiate between the terms “electronic judicial process,” “digital court proceedings,” “judicial digitalization,” and “digital justice.” The term “judicial digitalization” refers to the provision of courts with computer resources and technologies that enable information processing. However, it does not fully elucidate the essence and procedure of conducting procedural actions in electronic form.

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  18. Ochiq kirishMaqola

    THE ROLE OF ACCESS TO INFORMATION IN ENSURING HUMAN RIGHTS

    N. Aslonov · TSUL Legal Report · 2023

    This article provides a brief analysis of legislation on the role of obtaining information in ensuring human rights. The constitutional right to information is one of the basic rights of a person, and at the same time, it works as an external expression of freedom of opinion and freedom of speech, as well as their guarantee. The right to receive information, naturally, based on the characteristics of the information society, occupies a leading position in the state management mechanism. This is a special guarantee of the implementation of the principles of democracy, people‘s sovereignty, and citizens‘ participation in political life.

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  19. Ochiq kirishMaqola

    MITIGATION OF PUNISHMENT AND CRIMINAL DEFENSES IN CRIMINAL LEGISLATION OF CANADA AND REPUBLIC OF UZBEKISTAN (COMPARATIVE ANALYSIS)

    B. Islomov · TSUL Legal Report · 2023

    The existing paper provides a comparative analysis of the criminal legislation of Canada and Uzbekistan in terms of consideration of the mitigation of punishment and criminal defenses. In detail, the present research provides an overall overview of the mitigation of sentence institute in accordance with the existing editions of the Criminal Code of Canada and the Criminal Code of the Republic of Uzbekistan, including the issues of 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 criminal complicity, including criminal defenses, institutions on the withdrawal (voluntary refusal) from the commission of an offence and innocent harm, etc. Pursuant to the results of the conducted analysis, similar and different sides of current criminal laws have been clarified. Decisions on the performed analysis and a final conclusion on the implementation of Canada‘s some criminal law norms to the criminal law of the Republic of Uzbekistan have been provided.

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  20. Ochiq kirishMaqola

    Legal basis of cooperation of mass media and self-government bodies of citizens in implementation of public control

    S. Jakhanov · TSUL Legal Report · 2023

    The article analyzes the legal basis of cooperation between mass media and citizens‘ self-government bodies in the implementation of public control. In the developed countries of the world, effective cooperation between civil society institutions and the state is very relevant as a form of cooperation that solves social and economic problems. In this regard, the effectiveness of the state power apparatus, formed with the help of democratic procedures, is related to the presence of public control over the activities of state bodies, which is carried out by civil society institutions. Today, public control is considered not as a means of pressure on the authorities but as a method of harmonious communication between civil society and the state and is one of the main factors that serve to eliminate social tension in society

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