No. 12 (2021) Volume03 Issue12

Articles

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  The Evolution Of The Constitution Of Uzbekistan: History, Importance And Its Role In The Restoration Of The New Uzbekistan In the current article, the author studies the processes associated with the adoption of the Constitution of the country and its historical development in comparison with the activities related to the development of foreign constitutionalism. The evolution of the National Constitution is also discussed in stages.

  A Tulyaganov

  17-22

  109   42

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  Institutional Frame Of The EU-Uzbekistan Relations The European Union-Uzbekistan relations have been instituted on that basis of recognition of mutual and equal interests. On the 31st of December 1991 the European Communities and the twelve member states stated their affirmation of the state independence by the Republic of Uzbekistan in their “Joint Declaration of the Twelve” [1]. Diplomatic relations were established on 16 November 1994, and the Republic of Uzbekistan’s Mission to the European Communities commenced its activity in Brussels on the 6th of May 1995.

  Khaydarali Yunusov

  23-31

  71   27

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  Fiscal Decentralization Is A Factor In The Effectiveness Of Management This article examines one of the main directions of improving the public administration system in the Republic of Uzbekistan in the context of the adoption of the Conceptual document - Actions Strategy for 2017-2021. We substantiate the objective need for a scientific analysis of the ongoing processes of decentralization of economic systems in the Republic, first of all, from the point of view of their possible economic and legal consequences. We reveal certain risks of fiscal decentralization in line with organizational, legal and socio-political relationships between central government bodies and local government bodies.

  Bekzod Umarov

  42-49

  92   37

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  The Ways Of Improvement Of Activity Of Experts And Research Of Objects Of Expertise On Criminal Cases.

  The article deals with the development of the institution of expertise, improving the activities of experts. And also the issues of improving the criminal procedural legislation related to the institution of expertise are being considered.

  Istam Astanov, Shuxrat Astanov

  76-88

  176   26

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  The Importance Of Preventive Measures In Prevention Of Offenses This article provides information and recommendations on the role of crime prevention in the fight against and prevention of crime and the importance of public control in this area.

  Sirojiddin Eshkobilov

  93-97

  137   27

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  Legal Policy Of Uzbekistan In The Field Of Migration Migration is a multidimensional process, and different countries face different regulatory challenges with regard to migration. The legal policy of the state in the sphere of migration is established under the influence of one or more factors. Adoption of legal norms in legislation, such as the imposition of prohibitions or granting benefits for migrants, providing incentives or imposing limits for specific groups of people is to be noted in particular. The establishment of the regulatory framework in this area is based on state policy in the sphere of migration. The regulationof migration in Uzbekistan today differs significantly from that in the early days of our independence. The article analyses the implemented reforms in the field of migration by direction in the framework of the Action Strategy for the five priority areas of development of the Republic of Uzbekistan, identifies relevant problems and proposes solutions.

  Sakhipjamal Djoldasova

  105-112

  93   17

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  Analysis Of Development Tendencies Of Political Events In The Region The article discusses the Middle East region and its role in international relations. In the context of the growing complexity and tension of international relations in the region, the most pressing issues of interstate, inter-religious relations have been analyzed.

  Fazilat Koysinova

  6-10

  76   32

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  Representation And Implementation Of Legal And Technical Norms In The National Legal System Of Developed Foreign Countries The article examines the expression of legal and technical norms in the legal system of developed foreign countries, their implementation in social life, the current role and importance of legal and technical norms. At the same time, emphasis was placed on legal norms that represent the relationship between "man and nature", as well as issues such as technical regulation, standardization and certification. The concluding part of the article focuses on the importance of legal and technical norms in ensuring human life and health, its safety.

  Anvar Yashnarbekov

  56-62

  81   15

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  Application Of The Umbrella Article Rule In Bilateral Investment Agreements International Practice The Bilateral Investment Treaty (BIT) is the most common type of agreement in private international law to protect the rights and legitimate interests of investors. According to UNCTAD, more than 2,500 bilateral investment agreements have been signed between the two countries to date. The study found that 40 percent of them applied the “Umbrella clause” rule. The article examines the scientific and theoretical views of international economists and jurists, the analysis of existing contracts under the Umbrella clause, as well as international practice in this area, and defines the Umbrella clause rule. The analysis revealed the pros and cons of the "Umbrella Clause" rule, the advantages and disadvantages of law enforcement practice under this rule. The impact of the "Umbrella clause" rule on the outcome of bilateral investment disputes has been evaluated. At the same time, the lack of a uniform approach to the application of contract terms under the "Umbrella clause" rule in international arbitration has been described as a constant source of disagreement. The article discusses the prospects for the application of the “Umbrella clause” rule in bilateral investment agreements.

  Adkham Rajabov

  68-75

  437   174

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  The Importance Of The Motiv And The Purpose Of The Crime For The Qualification Of The Plundering The article deals with the legal analysis of the subjective side that is considered to be one of the elements of the crime of plundering. During the analysis, the form of guilt in the commission of plundering, the motive and purpose of the crime are studied. As a result, it is determined that today’s court proceedings are carried out as a result of changing or annulment of court verdicts related to robberies, misunderstanding of the requirements of current legislation and inaccurate assessment of its subjective side due to some deficiency in the law. In order to eliminate these problems, the author’s proposals on introduction of the concept of plundering in the criminal law, understandable use of the terms prejudice and bribery, as well as amendments and additions to the decision of the Plenum of the Supreme Court to provide clear and unique qualification of robbery.

  Farkhodjon Abduqodirov

  118-123

  65   55

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  Administrative Regulation – Is A Legal Measure Determining The Mechanisms Of Law Enforcement The article analyzes the concept, content, classification of administrative regulations, the scientific views of foreign and domestic law scholars on the mechanisms of administrative regulation, as well as their role in the legal support of internal affairs bodies. Moreover, the author develops proposals and recommendations for the introduction and enforcement of administrative regulations.

  Elbek Azizov

  124-129

  224   24

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  The Role Of Corporate Control In Protection Of The Rights And Interests Of Shareholders Due to the large-scale reforms implemented in recent years in our country, the command-and-control system of management in the economy has been completely abandoned, and clear and purposeful work is being done to widely introduce the mechanisms of a free market economy. On February 7, 2017, the Decree "On the Actions Strategy for the further development of the Republic of Uzbekistan" was approved as a basic program to ensure the implementation of these reforms . The decree identifies activities in the field of "Priorities for further development and liberalization of the economy" as one of the five main areas. It was noted that one of the main tasks in this direction is the introduction of modern standards and methods of corporate governance, strengthening the role of shareholders in the strategic management of enterprises.

  Bekzod Umarov, Khamdambek Atajanov

  32-41

  113   77

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  Reforms Of Public Administration In The Field Of Customs In The Process Of Integration Into The World Community And Prospects For Their Improvement The article highlights the features of reforming customs administration, further improving the activities of customs authorities and increasing their efficiency. The author also put forward scientific and practical ideas for improving scientific and theoretical legislation, such as simplifying the regulation of foreign economic activity by tariff and non-tariff methods, organizing postgraduate education at the Customs Institute of the State Customs Committee.

  Elyor Rakhmatov

  89-92

  169   18

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  Classification of forensic examinations on the features of the procedural form of their production The article examines and analyzes procedural aspects and issues related to the following types of forensic examination: primary, repeated, additional, commission and complex forensic examination. The differences in the norms of procedural legislation encourages us to unify legal regulations on the institution of forensic examination, which by its very nature is not complete.

  Ulzana Rakhimova , Alisher Muhitdinov

  130-135

  74   26

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  Some Comments On The Constitution Of The Republic Of Uzbekistan: From The Action Strategy To The Development Strategy The article sheds light on the Constitution of the Republic of Uzbekistan and its goals and objectives. In particular, author emphasizes the unconditional recognition of the supremacy of the Constitution of the Republic of Uzbekistan which has the highest legal force in the country. In the end, certain conclusions were reached.

  Murodjon Turgunov

  1-5

  123   15

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  Analysis Of The Requirement Having Work Experience In The Legal Profession For A Person Applying For The Status Of An Advocate In Order To Obtain A License For The Right To Practice Law This article is analyzes on the basis of the legislation of foreign countries, on requirement of having minimum work experience in the legal specialty assigned to a person who files an application for obtaining the status of an advocate with a license that gives the right to engage in activities of advocate, and provides an idea of the possibilities of introducing their positive experience into national legislation.

  Alibek Matmurotov

  50-55

  142   38

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  Responsibility For Legalization Of Income From Criminal Activities And Foreign Experience In This Field In this article analyzed the sense of international normative-legal acts which regulate income from criminal activities, having studied the legislation of foreign countries, it was proposed to apply the preferred aspects to improve national legislation. As a result of this analyze, it was suggested several suggestions and recommendation for improve of this legislation.

  Makhsudali Bozorov

  98-104

  111   29

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  Aspects Of Legal Regulation Of Electronic Transactions Carried Out By Business Entities This article discusses the provisions of the legislation of the Republic of Kazakhstan, the Republic of Uzbekistan and foreign states that regulate relations between business participants in the implementation of transactions in electronic form. Currently, all over the world, there is a development of electronic commerce, using "electronic transactions", defined in business by "electronic contracts". When considering the legal regulation of "electronic contracts", it should be noted that the legislation governing the field of electronic document management in business activities needs to be finalized taking into account the requirements of the time and the emerging practice of using "electronic contracts". It should be noted that e-commerce has the potential to become a leading type of entrepreneurial activity in the future. It should be emphasized that the Republic of Kazakhstan does not have a Law on Electronic Commerce. In our opinion, such a law is necessary in the Republic of Kazakhstan, since at present there is a widespread digitalization of civil circulation. The adoption in the Republic of Kazakhstan of the Law "On Electronic Commerce" will provide an opportunity for a more complete regulation of legal relations of business entities on the conclusion of contracts in electronic form.

  Nargiza Allayarova

  113-117

  229   34

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  The Concept Of “Conflict of Interest” and the relationship of this term with “Personal Interest” The progress and globalization of the world community are extremely dynamic and constantly changing processes. To keep up with development, the international community must ensure that all instruments and regulations are in place that provide universal definitions of the phenomena that are of greatest importance and relevance in every state. This article discusses the definition of such a phenomenon as a conflict of interest and the need to consolidate a universal definition of the situation for the correct implementation of the mechanism of legislation regulating the conflict of interests for all states. In particular, the author provides a distinction between the concepts of "conflict of interest" and "personal interest" and the issues of the need for such a distinction at the legislative level.

  Nozimakhon Sobirova

  11-16

  354   88

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  The Concept Of Control In Uzbek Corporate Law This article discusses the concept of control and its implications for the distribution of corporate risks. The analysis of the meaning and state of the concept of control in Uzbek law is given. Also, the problems of establishing control in subsidiaries in the constituent documents and subordination agreements are considered. The question was raised: what amount of participation in the company gives the right to control and how control is determined if there is no formal reflection (in the constituent documents or agreements)? The responsibility of the controlling person is recognized as the main goal of the concept, because control determines the actual relationship between the society and the controlling person and explains the responsibility of the decision-maker.

  Utkirbek Kholmirzaev

  63-67

  147   31

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