116 natija

Natijalarni aniqlashtiring, tahlil qiling yoki eksport qiling.

Tegishlilik

Kengaytirilgan qidiruv Tahlil

Eksport

Barcha 116 ta yozuv yuklanadi.

Qidiruvni saqlash

Qidiruvni saqlash va yangi yozuvlar haqida xabar olish uchun hisobingizga kiring. Kirish

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PROBLEMS OF INTERNATIONAL LEGAL COOPERATION AGAINST CORRUPTION
D. Valijonov · TSUL Legal Report · 2023
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.
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Dispute resolution in the field of intellectual property law in Uzbekistan
A. Yuldashov · TSUL Legal Report · 2023
This article discusses ongoing reforms in the field of intellectual property protection in Uzbekistan. In particular, the issues of administrative responsibility for violation of intellectual property rights, the process of judicial protection are covered. Opinions were also expressed on the procedure for resolving disputes in the field of intellectual property by administrative, civil and criminal courts. At the same time, based on the types of intellectual property objects (industrial property objects, means of individualization, copyright), the features of resolving conflict situations related to them are revealed. Based on the results of the article, the author concluded that it is necessary to specialize courts in resolving disputes in the field of intellectual property, expand the mechanisms of alternative ways of resolving disputes in the field of intellectual property, and improve the system of enforcement of judgments on intellectual property.
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MODERN PUBLIC ADMINISTRATION: ISSUES OF IMPROVING THE DUTIES AND FUNCTIONS OF PUBLIC BODIES AND SERVANTS
F. Makhmudov · TSUL Legal Report · 2023
This article focuses on modern state management and administrative reforms implemented in this field, improvement of public service, development of requirements for modern civil servants. This topic is analyzed on the basis of ongoing legal reforms and legal documents.On the basis of scientific and legal sources, modern state administration, the main functions of civil servants and the mechanisms of their implementation have been scientifically and theoretically researched.Opinions were expressed on the implementation of a unified personnel policy, rules on the elimination of corruption and conflicts of interest in the activities of civil servants, as well as the implementation of digital technologies, meritocracy, and career models in the civil service.Proposals and recommendations have been developed for the improvement of public service.
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ADVERTISING LAW ENFORCEMENT: COMPARATIVE ANALYSIS OF PROCEDURES AND COMPLIANCE PROGRAM
B. Khodjaev · TSUL Legal Report · 2022
The procedure concerning misleading advertisingis started directly by the application of a consumerwho is actually misled by particular advertising.Apart from the consumer application, the proceedingcan be initiated as the result of the administrativemonitoring of the advertising law enforcement.However, the most frequent and effective wayto find a deceptive fact in advertising is throughconsumer application because consumers are ableto recognize deception in its infancy. Eventually,the practice of Advertising law in Uzbekistanstill suffers from a lack of voluntary complianceprograms, which makes co-regulation very weakand enforcement inefficient.
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WHO BENEFITS FROM CORRUPTION IN THE JUDICIARY?
S. Odilova · TSUL Legal Report · 2022
This article stipulates that before making a decision that is an act of the judicial system protecting the violated rights, freedoms and interests, it is necessary to determine the actual circumstances of the civil case, as well as the qualification of these cases, ie to establish clear correspondence between the circumstances of the case. Before concluding on the existence of rights, freedoms and legitimate interests, the court must determine whether these legal norms are the existence of certain facts linking these rights, freedoms or legitimate interests, the evidence in civil proceedings, their admissibility, the need to prove them, The importance of the necessary reforms, the study of the legal nature of the assessment of evidence in the civil procedure legislation of the Republic of Uzbekistan, to identify existing problems and offer them legal solutions, following foreign experience, to solve this problem. issues of regulation and national legal regulation, the role and specific features of this area in the development of our national legislation, as well as the basics of legal regulation aimed at preventing potential risks in this area.
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THE FIGHT AGAINST CORRUPTION IS AN IMPORTANT FACTOR IN THE DEVELOPMENT OF THE COUNTRY
A. Abduqodirov · TSUL Legal Report · 2022
This article describes the concept of corruption and its content, various scientific and theoretical views on corruption, as well as the possible causes and consequences of corruption. They also discussed in detail the large-scale legal reforms aimed at preventing corruption in the country, state anti-corruption programs and mechanisms for their implementation, as well as best practices in combating corruption in developed countries. The author of the article emphasizes the importance of building immunity in the fight against corruption in the life of society in the Republic of Uzbekistan, and makes recommendations for the prevention of corruption based on the analysis of reforms and government programs in this area.
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APPROACHES TO THE REFORM OF RECIPROCAL INFLUENCE AND THE RELATIONSHIP OF THE MAIN BODIES OF THE UN
U. Aliev · TSUL Legal Report · 2022
The UN is the most universal system regulating modern international relations, the supreme holder and guardian of modern international law and as such enjoys the highest moral authority. During its existence, the United Nations has shown both strengths and weaknesses. In the first four decades, the UN really sought to function as an international institution of peace and security, but in the last 30 years its achievements have been insignificant; the negative prevails over the positive, and in some cases the UN simply looked helplessly at violations of international law by its members.The article discusses modern and relevant approaches to reforming the relationship and reciprocal influence of the main UN bodies. Furthermore, the author analyzes the positions of experts and politicians – members of the UN, reflected in their interviews and public speeches of recent years. At the same time, based on significant differences of opinion in the international arena on the reform of the UN Security Council, specific approaches are proposed for the revitalization of the UN.
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IMPROVEMENT OF THE LEGISLATION OF THE REPUBLIC OF UZBEKISTAN ON THE LIBERALIZATION OF THE FOREIGN TRADE REGIME FOR ACCESSION TO THE WTO
J. Saidmusayev · TSUL Legal Report · 2022
The article describes the features of the process of improving the legislation of the Republic of Uzbekistan on the liberalization of the foreign trade regime for accession to the WTO, its general characteristic, which is the most popular institution for dispute resolution, the economic interdependence of states due to the rapid expansion of mutual flows of goods and capital, the growing exchange of services and technologies has turned the world economy into a more or less integral economic system, the link in which international trade in goods and services and the movement of capital. In this article, the steps to be taken in the process of joining the WTO, as well as their legal basis, as well as the process of integration between several international organizations and countries, are analyzed. What kind of organization is the World Trade Organization, the legal order of membership of the organization, the system of legal norms in the management of international trade by the organization, the advantages and disadvantages of the organization for states, as well as the fact that Uzbekistan is a member of this organization are studied. The steps to be taken in the process of joining the WTO, as well as their legal basis, are also analyzed and the integration process taking place between several international organizations and countries.
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SOME ASPECTS OF MITIGATING CIRCUMSTANCES IN CRIMINAL LAW
S. Makhmudov · TSUL Legal Report · 2022
This article examines the features of mitigating circumstances when imposing punishment and the issue of taking into account in the presence of special (special) rules for mitigating circumstances. The role and significance of the general principles of sentencing and the principle of imposing punishment in the appointment of punishments were have analyzed. At the same time, this article analyzes the practical significance of the circumstances mitigating punishment when imposing punishment by studying some of the circumstances mitigating punishment. Also, about the active repentance of the perpetrator of the deed, various and similar features of punishment with the appointment of a lighter punishment, as well as some theoretical and practical problems associated with their application in the appointment of punishment.In addition, this article discusses the features of extenuating circumstances sentencing and the issue of their consideration in the presence of special rules of mitigating circumstances. This article describes the specific features of sentencing with active repentance of the offender, various and similar features of punishment with the imposition of a milder punishment, as well as some theoretical and practical problems associated using them in sentencing. As a result of this article relevant recommendations have been developed and proposals for improving the criminal law of the Republic of Uzbekistan.
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PROBLEMS WITH REDUCING THE AMOUNT OF PENALTY (NEUSTOYKA) BY THE COURT
A. Omonov, B. Badriddinov · TSUL Legal Report · 2022
Ensuring the fulfillment of contractual obligations is now of paramount importance. Therefore, it is more important than ever to do research on this issue. This article discusses ways to secure an obligation. in particular, the concept of neustoyka, in which the views of scientists are presented. forms of penalty (neustoyka) and its legal nature are discussed. It also considers the theoretical and practical aspects of the problem of reducing the amount of fines, which is currently the subject of heated debate in the Republic of Uzbekistan (Article 326 of Civil Code of the Republic of Uzbekistan), gives examples from court practice and compares with foreign experience. Reducing the amount of penalty (neustoyka) by the courts suggests the prevention of possible corruption cases and a reasonable solution to the problem. including proposals for the revision of Article 326 of Civil Code of the Republic of Uzbekistan, which shall be stated by reasoned opinions. Moreover, aspects that can be drawn from foreign experience are discussed.
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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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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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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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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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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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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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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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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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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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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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