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  1. 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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  2. 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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  3. 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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  4. 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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  5. 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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  6. 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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  7. 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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  8. 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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  9. 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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  10. 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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  11. Ochiq kirishMaqola

    TAX MONITORING IN UZBEKISTAN: PROBLEMS AND ISSUES

    I. Turaboev, I. Ergashev · TSUL Legal Report · 2022

    Uzbek government tries to simplify and improve its tax administration system. Tax monitoring is the one of the results of the tax reforms. Benefits of tax monitoring for both taxpayers and tax authorities thoroughly examined. Despite that this form of tax control was introduced in 2018 taxpayers are still unwilling to apply for this procedure. The authors have analyzed specifics of the tax monitoring procedure and highlighted provisions of the tax monitoring rules which prevent taxpayers for using this from of the tax control. Having analyzed international experience in introducing the tax monitoring andprovisions of national tax monitoring regulation, the authors formulated own suggestions on improvement of the tax monitoring rules in order to attract more taxpayers for this procedure.

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  12. Ochiq kirishMaqola

    ANTI-CORRUPTION IS THE DEMAND OF THE PRESENT TIME!

    X. Abzalova, B. Ruziyev, U. Gafurov · TSUL Legal Report · 2021

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

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    Introduction of a new mechanism in creating a favorable investment climate: problems and solutions

    S. Mamasoliyeva · TSUL Legal Report · 2021

    This article provides a practical analysis of the evaluation, legal examination and monitoring of investment projects, the requirements for investment projects, the content and legal aspects of investment projects based on applicable law and the mechanism of their operation. The scope of reforms implemented by the Republic of Uzbekistan to improve the investment climate is also discussed. In addition, this article highlights the urgency of introducing a new mechanism for monitoring investment projects, as well as fully emphasizes the importance of monitoring investment projects to ensure the stability of the national economy.

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  14. Ochiq kirishMaqola

    ISSUES OF PRIVILEGES AND IMMUNITIES OF INTERNATIONAL ORGANIZATIONS AND THEIR OFFICIALS IN INTERNATIONAL LAW

    A. Bobonazarov · TSUL Legal Report · 2021

    The theory that individuals are legally equal before the law and the laws of society has been developed for a long time. Although these ideas and principles are still evolving, sometimes individuals such as international organizations and their officials are granted “additional” immunity and other facilities. This article analyzes the existing immunities and privileges in international organizations and their officials, the legal framework and the application of immunity theories of international law in particular international organizations.

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    JURISDICTIONAL DECISIONS AND CONSEQUENCES OF THEIR ADOPTION BEST PRACTICES AND CASE ANALYSES

    M. Bakhramova · TSUL Legal Report · 2021

    There are a broad variety of views, both in theory and case law, on the grounds for determination of the power of arbitrators to resolve disputes under their private power. For instance, while some scholars assume that authority is derived from the arbitral treaty as an item of approval necessary for the аrbitrаtiоn process, others assume that authority exists irrespective of any type of arrangement as an intrinsic force of the arbitral tribunal. In addition, a great number of writers apply the legislation of any state in which the аrbitrаtiоn arrangement is required to be applied to the definition of authority in the regulation of the arbitral seat. On the contrary, some scholars argue that the authority of arbitrators to exercise their private power should be separated from usual norms, rendering it impossible to rely on clauses of domestic law. Although these various foundations appear to be mutually exclusive at first glance, some writers nonetheless define them.

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    ISSUES OF APPLYING FOREIGN EXPERIENCE IN COMBATING CORRUPTION TO THE NATIONAL LEGAL SYSTEM

    R. Khojiyeva · TSUL Legal Report · 2021

    The article discusses the ongoing reforms in combating corruption in Uzbekistan and the application of foreign experience positive aspects to national legislation. In this regard, the experience of developed and developing countries such as the United Kingdom, Germany, Austria, China and Kazakhstan was studied. In addition, the article gives several recommendations for improving national legislation.

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