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

  1. Ochiq kirishMaqola

    THE ARCHITECTURE OF LIMITATION: DOGMATIC AND COMPARATIVE ANALYSIS OF HUMAN RIGHTS RESTRICTIONS UNDER THE PUBLIC HEALTH IMPERATIVE

    R. Kalesnykas, M. Kailius · TSUL Legal Report · 2026

    The conflict between emergency public health measures and fundamental human rights poses a critical challenge to legal dogmatics and constitutional governance. Dynamic public health crises frequently trigger far-reaching state restrictions—such as restrictions on movement, compulsory medical measures, and digital surveillance—that risk transforming temporary emergency measures into permanent governance structures. This paper addresses the problematic blurring of formal derogations and ordinary limitation clauses, which may undermine rule-of-law standards and effective judicial oversight. Combining legal dogmatics with comparative analysis of international and regional human rights frameworks (ICCPR, ECHR, and ACHR) and relevant judicial practice, the study systematically examines the multi-tiered architecture governing limitations on human rights. Theoretically, it develops a refined normative model for assessing the principles of proportionality and necessity, with particular reference to the Siracusa Principles in the context of public health emergencies. The analysis identifies a pattern of initial judicial deference to executive authorities that may weaken ordinary constitutional safeguards. The principal outcome of the study is a standardised evidentiary framework designed to ensure strict temporal limits, continuous judicial review, and proportionality testing of legal measures adopted during public health emergencies. These findings may assist constitutional courts, international adjudicative bodies, and legislative drafters in aligning public health measures with binding human rights obligations while preserving democratic legitimacy.

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  2. Ochiq kirishMaqola

    WTO SUBSIDY SPECIFICITY AND ARTICLE 6.2 OF THE AGREEMENT ON AGRICULTURE

    D. Shukurova · TSUL Legal Report · 2026

    This article examines whether the special treatment granted to development-oriented agricultural domestic support under Article 6.2 of the Agreement on Agriculture affects the application of the Agreement on Subsidies and Countervailing Measures. It focuses on investment and agricultural input subsidies and asks how qualification under Article 6.2 interacts with specificity and the rules on prohibited and actionable subsidies. The study applies doctrinal treaty interpretation, analysis of WTO dispute-settlement reports and comparison of the eligibility requirements in Article 6.2 with the specificity rules in Article 2 of the SCM Agreement. The analysis shows that Article 6.2 exempts qualifying measures from domestic-support reduction commitments and excludes them from Current Total AMS, but does not confer general immunity from wider WTO subsidy disciplines. Qualification under Article 6.2 does not, by itself, establish specificity; the assessment depends on the programme‘s legal scope, eligible beneficiaries, relevant jurisdiction, eligibility criteria and operation in practice. The article further argues that the requirement that investment subsidies be “generally available to agriculture” should not automatically be understood as requiring exclusive availability to the agricultural sector. It also demonstrates that the expiry of Article 13 at the end of 2003 removed conditional protection against certain actionable-subsidy proceedings and countervailing action, while Article 13(b) did not extend to prohibited-subsidy claims. The principal practical risks arise from domestic-content conditions and countervailing investigations involving subsidised agricultural products. The findings are relevant to developing-country Members and acceding economies designing agricultural support programmes.

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  3. Ochiq kirishMaqola

    FORENSIC ASPECTS OF THE SUBJECT OF PROOF IN FRAUD CRIMES COMMITTED USING INFORMATION TECHNOLOGIES

    A. Nosirov · TSUL Legal Report · 2026

    The article analyzes the system of circumstances subject to proof and establishment in the investigation of fraud crimes committed using information technologies. The sharp increase in crime trends and specific forensic challenges arising in investigative practice clearly demonstrate the relevance of research in this area. The article aims to systemize the general circumstances set forth in Articles 82–83 of the Criminal Procedure Code of the Republic of Uzbekistan based on forensic theoretical approaches of foreign experts, as well as international legal instruments (Budapest Convention, FATF Recommendations).The study substantiates the importance of digital identifiers, such as IP addresses, MAC addresses, and device IDs, in identifying the offender‘s identity, as well as the necessity of ensuring the integrity of digital evidence (digital traces). The article puts forward practical and theoretical recommendations on determining the modus operandi, instruments and means of the crime, as well as the conditions that enabled the commission of the offense. The discussion section addresses the problem of the lack of a distinct qualifying feature for this type of crime in the legislation of Uzbekistan. The paper argues that a comprehensive and interconnected identification of these circumstances is a key prerequisite for improving investigative efficiency, and proposes recommendations for enhancing the legislation.

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  4. Ochiq kirishMaqola

    ETHICAL PRINCIPLES OF DIGITAL INVESTIGATIONS: A LEGAL AND FORENSIC ANALYSIS

    B. Khamidov, V. Kozel · TSUL Legal Report · 2026

    This article examines the significance and application of ethical principles in digital investigations. The rapid development of information technologies and the increasing reliance on digital evidence have created new ethical challenges relating to the collection, analysis, preservation, and use of digital information. Particular concerns include the protection of privacy and personal data, the accuracy and objectivity of information, and the safeguarding of individual rights throughout investigative processes. In Uzbekistan, the ongoing modernisation of investigative practices has been accompanied by the development of legal provisions concerning information security, personal data protection, and the ethical conduct of law-enforcement officials. However, the application of these provisions in digital environments continues to present practical and regulatory challenges. Drawing on international standards and selected foreign practices, the study examines ethical approaches to digital investigations and places particular emphasis on personal data protection. The analysis indicates that the existing codes of ethics applicable to Uzbek law-enforcement agencies and judicial authorities do not fully address the specific characteristics and risks of digital investigations. The article therefore argues for the development of specialised ethical standards governing the collection, preservation, verification, evaluation, and use of digital evidence. Such standards are essential for strengthening legality, transparency, accountability, and the protection of fundamental rights in digital investigations.

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  5. Ochiq kirishMaqola

    SCIENTIFIC USE OF BIOLOGICAL RESOURCES AND LEGAL REGULATION OF BIOSAFETY

    O. Narzullaev, E. Abanina · TSUL Legal Report · 2026

    This study examines current issues concerning the legal regulation of relations arising from the use of biological resources for scientific purposes and the provision of biosafety. The relevance of the research is determined by the need to ensure environmental sustainability, conserve biodiversity, and comply with safety requirements in the use of biological resources amid the rapid development of modern biotechnology and genetic research. The study aims to assess the legal mechanisms operating in this field, identify existing problems, and develop scientifically grounded proposals for their improvement. The research employs systemic analysis, comparative legal, formal legal, and logical methods. The findings reveal several legal issues concerning the scientific use of biological resources, biological risk assessment, state supervision, and mechanisms of legal liability. The study also develops proposals for strengthening legal safeguards for biosafety, improving monitoring and supervision systems, and enhancing sector-specific legislation. The findings may be applied to the improvement of legislation and law-enforcement practice and to the promotion of the sustainable use of biological resources. The study concludes that establishing effective legal mechanisms for ensuring biosafety is an essential prerequisite for the protection and rational use of biological resources.

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  6. Ochiq kirishMaqola

    NEGOTIATING RETURN: RETURN MIGRATION AMONG HIGHLY QUALIFIED UZBEK MIGRANTS IN JAPAN

    K. Rakhimberganov, U. Abdurakhmanov · TSUL Legal Report · 2026

    This article provides an overview of the decision-making process of highly qualified Uzbek migrants residing in Japan concerning their potential return to Uzbekistan. The study draws on data from four semi-structured interviews and an analysis of relevant legal and policy documents. The findings suggest that return decision-making is dynamic and changes over time. In particular, it depends on professional opportunities, family responsibilities, adaptation to life in Japan, and employment prospects in Uzbekistan. Successful careers in Japan do not necessarily prevent migrants from considering return and do not necessarily weaken their ties to the home country. The qualifications, work experience, and professional skills of highly qualified Uzbek migrants should be adequately recognized. The Government of Uzbekistan has taken several steps to support foreign-educated specialists and compatriots abroad. However, this article argues for a more coordinated reintegration system, including the recognition of foreign work experience, transparent employment opportunities, and stronger post-return support.

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  7. Ochiq kirishMaqola

    ARTIFICIAL INTELLIGENCE: THE PROBLEM OF LEGAL PERSONALITY IN CIVIL LAW RELATIONS

    F. Abdikhakimov · TSUL Legal Report · 2026

    The article addresses the problem of determining the civil law status of artificial intelligence systems. The study analyses the four principal approaches developed in international legal doctrine on this issue: recognition of artificial intelligence as an object of civil law, the electronic agent model, the concept of limited legal personality (quasi-subject), and the idea of electronic personhood. The article reveals the normative origins of the electronic agent construction, its attributive function in contractual relations, and its limitations in the field of tort law; the quasi-subject model is assessed on the basis of the theory of divisible legal capacity and the criteria of legitimacy. It is further demonstrated that the concept of electronic personhood cannot be justified under the interest criterion, since it does not give rise to any new interest requiring protection but, on the contrary, creates the risk of establishing a liability shield. As a result of the study, the article examines the applicability of the institutions of representation, transactions, and torts under the Civil Code of the Republic of Uzbekistan to relations involving autonomous systems, and puts forward proposals for introducing a special regime for artificial intelligence while retaining its status as an object of law.

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  8. Ochiq kirishMaqola

    TRANSPLANTATION OF HUMAN ORGANS AND TISSUES AS A CIVIL LAW RELATIONSHIP

    A. Abdurasulov · TSUL Legal Report · 2026

    This scientific article is devoted to the contemporary problems of legal regulation of the transplantation of human organs and tissues as an object of civil law relationships. The study conducts a comprehensive analysis of the legal status of organs and tissues of the human body, their property law nature, and their degree of negotiability in civil circulation. Furthermore, during the research, the theory of somatic rights, the presumption of consent, contractual relations, and the principles of prohibiting commercialization were examined using the examples of international law and the experience of foreign countries. It is substantiated that human organs and tissues are not ordinary objects of property (commodities) but rather specific (sui generis) objects with restricted circulation. The experience of foreign countries and national legislation, in particular the Civil Code of the Republic of Uzbekistan and special normative-legal acts in this field, were analyzed, and practical proposals were developed to eliminate existing legal gaps and ensure citizens‘ constitutional rights to the protection of life and health.

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  9. Ochiq kirishMaqola

    ISSUES IN IMPROVING THE MECHANISM FOR RESOLVING DISPUTES ARISING FROM PUBLIC PROCUREMENT CONTRACTS

    F. Samandarova · TSUL Legal Report · 2026

    Public procurement contracts create many disputes, and the way these disputes are resolved affects both the state budget and business confidence. This study examines four practical problems in the national mechanism and proposes targeted solutions drawn from foreign practice. The first problem is the absence of an automatic standstill period between the award decision and contract formation, which limits the procedural interval available before the contract becomes binding. The second problem concerns the effectiveness and enforceability of the existing review mechanism, although it provides for the suspension of the procurement procedure once a complaint has been accepted for consideration. The third problem is institutional. The involvement of electronic system operators in the review framework may raise concerns about the institutional independence of the complaint review mechanism. The fourth problem is that court proceedings are slow and the state duty is costly, while mediation and arbitration remain underused. The research uses comparative, formal legal, systemic, and statistical methods, and it compares the European Union, the Republic of Kazakhstan, and the Republic of Korea with the national framework. The conclusions propose a mandatory standstill period, improved effectiveness and monitoring of the review commission, clearer operator liability, and active promotion of mediation and arbitration.

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  10. Ochiq kirishMaqola

    DEFINING EDITORIAL CONTROL WITHOUT LIMITING JOURNALISTS‘ COPYRIGHT IN THE MASS MEDIA

    L. Ruzmurodova · TSUL Legal Report · 2026

    The editorial office and editors at mass media organizations work to ensure that journalistic works are accurately presented. Editing should carefully take into account authorship rights and factual accuracy. A journalistic work is the result of an institutional process in which the professional contribution of the reporter is combined with the editorial office‘s responsibility for factual accuracy, legality, style, and timely publication. The failure to make a principled distinction between these interests often results in treating ordinary editing, alteration of meaning, and secondary commercial use equally under the law. This article examines how copyright should be divided between journalists and media organizations, with a focus on proper attribution, anonymity, integrity, service works, freelance contributions, and digital republication. The research is based on doctrinal, comparative, functional, and case-law analysis of the legislation and judicial practice of Uzbekistan and the United States, with reference to international copyright standards. The study finds that neither complete author control nor complete editorial ownership is an appropriate model. It proposes a three-tiered allocation of rights and an editorial-purpose test that draws a line between permissible technical editing and changes requiring the author‘s consent. It also distinguishes between first publication and economically independent reuse in databases and other forms of use, such as paid archives, translations, syndication, and third-party platforms.

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  11. Ochiq kirishMaqola

    IMPROVING THE INSTITUTION OF APPEALS: TIME LIMITS, RESPONSE QUALITY, AND MONITORING

    L. Achilova, A. Rozmetova · TSUL Legal Report · 2026

    The subject of the study is the procedural regulation of appeals of individuals and legal entities in the Republic of Uzbekistan. The topic is relevant because the technological infrastructure for handling appeals is being modernized through a unified digital platform, whereas the substantive procedural rules have remained essentially unchanged since 2017, so that faster document flow does not by itself improve the outcome. The purpose is to identify the gaps in the current regulation and to justify specific legislative amendments. The work relies on comparative legal, formal legal and systemic structural methods and examines the legislation and practice of Kazakhstan, the Republic of Korea, Germany, and Singapore. Four interrelated gaps were established: uniform periods of consideration combined with evaluative grounds for their extension; the absence of normative criteria of a proper answer; the departmental and closed character of supervision; and the absence of a special procedural regime for appeals concerning medical services. On this basis a new wording of Article 28 and three new articles are justified. The results may be used in lawmaking, in the practice of state bodies and in further research. The proposals are designed to operate largely within existing institutional and digital infrastructure and are intended to minimize additional budgetary expenditure.

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  12. Ochiq kirishMaqola

    PARTICIPATION OF NON-GOVERNMENTAL NON-PROFIT ORGANIZATIONS IN THE IMPLEMENTATION OF THE SOCIAL FUNCTION OF THE STATE REGARDING YOUTH

    A. Azimov · TSUL Legal Report · 2026

    This article provides a theoretical and legal analysis of the participation of non-governmental non-profit organizations (NGOs) in the implementation of the state‘s social function concerning youth. It examines the content, significance, and legal mechanisms of social partnership between the state and civil society institutions in implementing the social function of the state. The institutional development of state youth policy in Uzbekistan, including organizational transformations from the Kamolot Youth Social Movement to the Youth Union of Uzbekistan and the Youth Affairs Agency, is examined from the perspective of the development of this function. Based on an analysis of foreign experience and national legislation, the role of NGOs in ensuring the social rights of youth, representing their interests, exercising public oversight, and conducting social monitoring is substantiated. The article also proposes subjecting youth-related normative legal acts to public review, digitalizing the exchange of social data, and introducing the principle of “youth interests through the eyes of youth” to improve social partnership between the state and NGOs. This approach is argued to contribute to strengthening the active participation of youth in the implementation of the state‘s social function.

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  13. Ochiq kirishMaqola

    SPECIFIC FEATURES OF THE PRINCIPLE OF SOCIAL JUSTICE: A LEGAL ANALYSIS

    M. Shokirova-Inomjonova · TSUL Legal Report · 2026

    This article analyzes the role of the principle of social justice among the principles of law, its legal nature, its place in the modern legal system, and its main functions in a constitutional state. The subject of this study is the understanding of the normative content of the principle of social justice as a constitutional principle and a general legal idea, as well as its relationship with the concepts of equality, legal certainty, proportionality, human dignity, and the social state. The purpose of the research work is to substantiate that the principle of social justice should be applied not only as a moral and political idea, but also as a legal criterion in law enforcement practice and the law-making process. In the article, the relevance of the problem is determined by the need for social protection, socio-economic equality, and the importance of identifying real needs. Through the use of dialectical, comparative-legal, and functional methods in researching the topic, the distributive and procedural aspects of the principle of social justice were analyzed, and its legal model was developed. The normative significance of this principle is linked to constitutional norms, human rights, and the principle of proportionality. It should be noted that the proposed results can be used in the substantiation of judicial acts, in the expertise of draft laws, in the assessment of real social policy and in the processes of legal education.

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  14. Ochiq kirishMaqola

    LEGAL CONSEQUENCES OF ENFORCING A FOREIGN ARBITRAL AWARD ANNULED IN THE COURT OF ORIGIN: ANALYSING COMMISA V. PEMEX CASE AND CHROMALLOY AEROSERVICES V. ARAB REPUBLIC OF EGYPT

    M. Khosilova · TSUL Legal Report · 2026

    This article looks into the problems that come with enforcing foreign arbitral awards that have been set aside, especially in U.S. courts, and looks at how this affects the international dispute resolution system. The article focuses on how U.S. courts have dealt with cases such as PEMEX, a state-owned oil company, and COMMISA, a subsidiary of KBR, Inc., a U.S. construction company, and Chromalloy Aeroservices v. Arab Republic of Egypt. Enforcing awards that have been set aside is still a big topic of debate, and it gets criticized by both legal experts and professionals. Some courts respect the decisions made at the place where the arbitration happened and choose not to enforce annulled awards, showing respect for international cooperation. Others use the rules from the New York Convention to check the validity of the awards on their own and might still enforce them even if they were set aside. The study looks at how different places handle this issue, especially recent U.S. court rulings. It ends by saying these differences might hurt the main ideas of international arbitration, like fairness and efficiency.

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  15. Ochiq kirishMaqola

    GUARANTEEING PUBLIC ENVIRONMENTAL RIGHTS THROUGH THE REGULATORY FRAMEWORK OF SANITARY TREE TREATMENT

    J. Odilov · TSUL Legal Report · 2026

    This article examines the challenges of ensuring the public‘s right to a healthy environment in the context of sanitary tree cutting. The study analyzes the ecological, legal, and social aspects of managing urban green spaces. It establishes that while the primary purpose of sanitary cutting is to maintain ecological balance by removing diseased, damaged, or hazardous trees, improper execution can lead to the loss of green cover, degraded air quality, and the infringement of environmental rights. Drawing on the legislation of the Republic of Uzbekistan, international standards, and current scientific research, the article outlines the necessary procedures for compliant and sustainable management. The results suggest that strengthening environmental oversight, fostering public participation, and implementing integrated digital tools, such as the electronic ecological passport, are essential to addressing these issues. The article concludes with practical recommendations for improving regulatory practices in sanitary tree management to promote sustainable urban forestry development.

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  16. Ochiq kirishMaqola

    THE EUROPEAN UNION‘S REGIONAL APPROACH TO COMBATING ILLEGAL MIGRATION

    S. Kholmirzaeva · TSUL Legal Report · 2026

    This article examines the European Union‘s regional approach to combating illegal migration in the context of increasing cross-border mobility, security challenges, and humanitarian concerns. The main objective of the study is to analyze how the European Union designs and implements cooperative mechanisms with its member states and neighboring regions in order to prevent, manage, and reduce irregular migration flows. The research applies qualitative and comparative legal methods, including the analysis of EU migration policies, international legal instruments, regional agreements, and institutional practices such as Frontex operations and cooperation with third countries. The article identifies several key problems, including the unequal distribution of responsibilities among EU member states, insufficient coordination with countries of origin and transit, persistent human rights risks for migrants, and the limited effectiveness of return and readmission mechanisms. These challenges undermine the overall capacity of the EU to respond to illegal migration in a coherent and sustainable manner. Based on the findings, the study proposes a set of legal and policy recommendations, such as strengthening regional cooperation frameworks, improving information exchange and border management systems, expanding legal migration channels, and ensuring stronger protection of migrants‘ rights. The results of this research contribute to a better understanding of EU migration governance and offer practical guidance for enhancing regional security and migration management.

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  17. Ochiq kirishMaqola

    PROSPECTS OF INTERNATIONAL COOPERATION OF THE REPUBLIC OF UZBEKISTAN IN COMBATING CYBERCRIME AGAINST CHILDREN

    F. Nurullaev · TSUL Legal Report · 2026

    This article examines the organizational and legal mechanisms for strengthening international cooperation in combating cybercrimes committed against children. The research focuses on the interaction between Uzbekistan‘s national legal framework and international standards on children‘s rights, cybercrime, digital evidence and cross-border cooperation. The study applies normative-legal, comparative-legal, systematic and empirical methods. An expert-oriented survey of 47 respondents conducted through Google Forms in November 2025 is used to assess practical perceptions of existing legal gaps. The findings show that most respondents consider the current national framework insufficient for addressing cybercrimes against children, especially because of the lack of precise legal definitions, difficulties in collecting digital evidence, limited cooperation with foreign technology platforms and the absence of specialized procedural tools. The article argues that criminalization alone is not enough: Uzbekistan needs an integrated model combining substantive criminal law reform, a 24/7 contact point, faster preservation of electronic evidence, binding cooperation duties for technology companies and preventive measures in schools and families. The conclusions may be used in legislative drafting, law-enforcement practice and child protection policy.

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  18. Ochiq kirishMaqola

    THE SYSTEM OF INTERNATIONAL LEGAL INSTRUMENTS FOR ENSURING THE HUMAN RIGHT TO A HEALTHY ENVIRONMENT

    S. Rasbergenova · TSUL Legal Report · 2026

    This article presents a comprehensive analysis of the system of universal international legal instruments designed to ensure the human right to a healthy environment. The study examines both foundational United Nations human rights documents that have received environmental interpretation through the practice of treaty bodies, and specialized multilateral environmental conventions. Particular attention is devoted to climate agreements, conventions on biodiversity, transboundary environmental impact, and hazardous substances. The article traces the evolution of approaches from the indirect protection of environmental rights through classical human rights norms towards the explicit recognition of the nexus between human rights and the environment in the 2015 Paris Agreement. The research encompasses the role of regional human rights courts in developing environmental jurisprudence, as well as mechanisms for implementing international obligations at the domestic level. A systematic approach to the application of diverse international instruments is emphasized as essential for achieving comprehensive protection of environmental rights. The study concludes that, despite the absence of a single universal treaty explicitly enshrining the right to a healthy environment, a multi-layered system of international agreements has emerged that ensures the holistic protection of this right through the integration of international environmental and human rights law norms. The findings contribute to the theoretical foundations of international environmental law and human rights scholarship.

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  19. Ochiq kirishMaqola

    CRYPTO-ACTIVES AS A NEW MEANS OF CORRUPTION CRIME: INTERNATIONAL AND NATIONAL CRIMINAL RESPONSIBILITY MECHANISMS

    D. Egamberdiev, D. Dubey · TSUL Legal Report · 2026

    This article examines the use of digital financial assets, particularly cryptocurrencies, as new instruments for committing corruption-related crimes. The research aims to analyze the legal characterization of corruption offenses involving cryptocurrencies, evidentiary challenges, and the effectiveness of national and international criminal liability mechanisms. The relevance of the study stems from the fact that pseudonymous features of blockchain technology, decentralized finance (DeFi) platforms, and privacy coins significantly complicate the identification of parties to corrupt transactions. The study employs comparative-legal, systemic-structural, formal-juridical, and statistical analysis methods. A comparative analysis of the legislation of the Republic of Uzbekistan and foreign countries was carried out. The results demonstrate that in many countries, the criminal-legal status of cryptocurrencies has not yet been fully defined, which complicates the qualification of corruption offenses. The research findings substantiate the need to improve national criminal legislation, expand blockchain forensics capabilities, and strengthen international cooperation mechanisms.

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  20. Ochiq kirishMaqola

    SCIENTIFIC-THEORETICAL ISSUES OF ELECTRONIC EVIDENCE IN INVESTIGATING CYBERBULLYING CRIMES

    A. Tulanboeva · TSUL Legal Report · 2026

    This article analyzes the scientific and theoretical aspects of electronic evidence in the investigation of cyberbullying crimes. It covers the concept of cyberbullying, its manifestations in the modern digital environment, and the role of electronic evidence in identifying and proving this type of crime. It also examines the specific characteristics of electronic evidence, problems that arise in the process of collecting, storing, and evaluating it. During the study, the main types of electronic evidence encountered in cyberbullying-related crimes are identified and their importance in the investigation process is justified. Practical problems that arise when working with electronic evidence are analyzed and the theoretical foundations for their elimination are highlighted. The results of this study serve to further understand the role and importance of electronic evidence in the effective investigation of cyberbullying crimes.

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