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IMPROVEMENT OF ORGANIZATIONAL AND LEGAL BASES OF FOREIGN
ECONOMIC ACTIVITY
Saidmusayev Jasurbek G’ofur ugli
Armed Forces Academy
Associate professor "legal cycle"
Abstract:
Protection of the domestic market is one of the most important areas of the state’s
influence on the economy. Along with the defense capability of Uzbekistan, it is important to
have the competitiveness of goods. To achieve this goal, it is necessary to create a strong
industrial base in the country, create a legal infrastructure, establish strong legal relations with
the economy of foreign countries, and protect productive sectors of industry from unfair
competition of foreign companies. One of such protective measures is measures to protect the
internal market of goods in the implementation of foreign economic activity. In this mechanism,
anti-dumping, compensation and special protection measures introduced by the government of
Uzbekistan play a key role.
Key words:
Currency control, tax control, customs control, dumping, anti-dumping and
regulation.
Annotatsiya:
Ushbu maqolada tashqi iqtisodiy faoliyatning tashkiliy-huquqiy asoslarini
takomillashtirish masalalariga ko’rib chiqilgan.Hamda,xalqaro savdo munosabatlarini tartibga
soluvchi normativ-huquqiy hujjatlar tahlil qilinadi. Shu bilan birga, xorijiy tajriba asosida
O'zbekistonda tashqi iqtisodiy faoliyatni rivojlantirish bo'yicha taklif va tavsiyalar ishlab
chiqilgan. Undan tashqari xalqaro va milliy huquqiy me'yorlar asosida tahlil o‘tkazilib, mavjud
kamchiliklar aniqlangan. Shuningdek, xorijiy tajribaga asoslangan va O‘zbekistonda tashqi
iqtisodiy faoliyatni yaxshilash bo‘yicha tavsiyalar berilgan.
Kalit so’zlar:
Valyuta nazorati, soliq nazorati, bojxona nazorati, demping, antidumping va
tartibga solish.
Аннотация:
В
данной
статье
рассматриваются
вопросы
совершенствования
организационно-правовых
основ
внешнеэкономической
деятельности.
Также
анализируются нормативные правовые документы, регулирующие международные
торговые отношения. При этом на основе зарубежного опыта разработаны предложения
и рекомендации по развитию внешнеэкономической деятельности в Узбекистане. Кроме
того, был проведен анализ на основе международных и национальных правовых норм и
выявлены имеющиеся недостатки. Также на основе зарубежного опыта были даны
рекомендации по совершенствованию внешнеэкономической деятельности в
Узбекистане.
Ключевые слова:
Валютный контроль, налоговый контроль, таможенный контроль,
демпинг, антидемпинг и регулирование.
Introduction.
In the general sense, the legal mechanism in this area is, first of all, a set
of management tools by which scientifically based management decisions are made and their
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ISSN: 2692-5206, Impact Factor: 12,23
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effective implementation is achieved. The essence of the mechanism is that it combines the
main elements of management and acts as an organizational tool, a single management tool for
making and implementing management decisions. Consequently, the administrative and legal
regulation of foreign economic activity proceeds from the creation and provision of conditions
for society to operate on the basis of current regulatory and legal documents. The basis for the
implementation of these processes is the changes taking place in Uzbekistan, which attempts to
comprehensively study the state and development of administrative and legal regulation of
foreign economic activity in Uzbekistan using the example of the main elements of this activity.
The relevance of the research is also determined by the fact that the system of state regulation
of foreign economic activity of the Republic of Uzbekistan is currently being improved.
Analysis and discussion.
The need to improve the organizational legal framework is due
to the fact that many issues of applying measures to protect the domestic market in this activity
are not regulated by the relevant legal relations. Effective national legislation in the field of
applying measures to protect the domestic market of goods in the implementation of state
management of foreign economic activity, if studied and applied only in the part that
corresponds to the interests of the domestic economy, will create mechanisms for protecting the
domestic market with specific national characteristics. Currently, it is possible to take measures
to protect the domestic market in the implementation of foreign economic activity by
implementing restrictive measures to protect the domestic market of goods. The application of
measures to protect the domestic market in the implementation of foreign economic activity has
international legal, constitutional legal, administrative legal, financial legal and economic legal
aspects. In order to prevent the one-sidedness of the legal sphere, it is necessary to combine the
efforts of many legal scholars in the study of such a law institute. Their dissertations should
begin with an understanding of the legal essence of the above-mentioned measures and the
principles of their application. At the same time, it is impossible not to take into account the
approach developed over the years in the analysis of the administrative activity of the state in
implementing market protection, since the activities of the executive authorities in this area have
a clearly administrative nature.
Measures to protect the domestic market in the implementation of foreign economic
activity are also a source of negotiation for the foreign trade policy of Uzbekistan. The state
plays a special role in the development of foreign economic activity. It is precisely high-quality
management of foreign economic activity that allows us to achieve the main goal of modern
regulation of Uzbekistan's foreign economic activity - its integration into the world economy.
Effective integration is based on such management. In the Decree No. PF-158 dated September
11, 2023 on the STRATEGY “Uzbekistan - 2030”, our President Sh. Mirziyoyev also stated that
foreign economic activity should be considered as part of the state's foreign policy, as well as the
national economic policy, therefore it should be regulated by the state, and the mechanism of
legal regulation of foreign economic activity, primarily the use of various legal instruments that
perform specific functions in the system of legal regulation of foreign economic relations, should
be brought to new levels as the main task. Protectionist measures are aimed at directly restricting
exports and imports in order to protect certain national industries, for example, quotas and
licensing, export controls, and import safeguards. Administrative measures restrict foreign
economic activity by setting technical, sanitary, and environmental standards for imported goods,
and price preferences are eliminated.
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Currently, states are developing a system of administrative and legal regulation of foreign
economic activity. In general, there are about a hundred state intervention measures in the world.
In general, they can be divided into the following groups:
1. Economic measures:
- export and production subsidies;
- anti-dumping duties;
- import deposits;
- exchange rate regulation;
- export and import taxes, excise duties;
- compulsory sale of part of foreign currency earnings;
- system of state orders;
- financing of research;
- nationalization/privatization of property.
2. Technical measures:
- requirements for compliance with national standards;
- quality acceptance, certification;
- sanitary and environmental standards;
- safety standards.
3. Administrative regulatory measures:
- customs tariffs;
- currency control;
- declaration of goods;
- embargo;
- quotas, quotas;
- licenses;
- directive setting of contract prices;
- restrictions on types of foreign trade operations.
Foreign economic activity is understood as a separate specific type of activity of
economic entities. Each enterprise carries out this activity independently, based on the choice of
a foreign market. This is foreign trade, investment and other activities in the field of international
exchange of goods, information, works, services, results of intellectual activity, rights to the
results of intellectual activity. This activity also includes production cooperation in these areas.
Legal regulation of foreign economic activity in Uzbekistan and in other countries is based on
the state monopoly of foreign trade. Foreign economic activity is reflected in international and
our state practice in various forms and types. Foreign experience identifies the following types of
foreign economic activity:
- foreign trade activity;
- production cooperation;
- currency and financial and credit operations;
- relations with international organizations.
Foreign trade activity is one of the most widespread areas of foreign economic activity.
Transactions on such activities are formalized by foreign trade agreements. Agreements are
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ISSN: 2692-5206, Impact Factor: 12,23
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divided into import-export, leasing, investment, financial and other types. Foreign economic
activity contracts are concluded in foreign currency and are carried out in accordance with
international rules. The following forms of foreign trade activity are distinguished: a) export
transactions; b) import transactions; c) barter transactions.
Research methodology.
Foreign trade is one of the most widespread areas of foreign
economic activity. Transactions on such activities are formalized by foreign trade agreements.
Agreements are divided into import-export, leasing, investment, financial and other types.
Contracts on foreign economic activity are concluded in foreign currency and are carried out in
accordance with international rules. The following forms of foreign trade activity are
distinguished: a) export transactions; b) import transactions; c) barter transactions. In most
sources discussing foreign economic activity, this area of social relations operates as a
subsystem of the economy. As a result, economic concepts form the basis of the concepts used in
foreign economic activity. Therefore, not only the definition of “foreign economic activity” is
often used, but the general definition is “foreign economic sphere”. At the same time, when it
comes to the foreign economic sphere, a very wide range of concepts is used. Each of them has a
certain status, which depends on the place occupied by this concept in the subsystem under
consideration. The following concepts are basic and occupy a special place in the field of foreign
economic activity: foreign economic activity, foreign trade activity, foreign economic relations.
It is very important that these concepts are not differentiated in modern legislation, but are
hierarchically interconnected, while not losing their main ability - the property of being integral.
Foreign economic activity includes such processes as the exchange of goods and services
between states, the movement of capital and labor, the spread of technologies and knowledge. At
the same time, foreign economic activity depends not only on economic changes, but also on
political, social and environmental factors. States use various legal forms to regulate foreign
economic activity in implementing their economic policy.
Analysis and results.
Currency legislation for regulating foreign economic activity
includes a number of legal mechanisms, norms and standards. Through these mechanisms, states
manage trade and investment activities. Ensuring exchange rate stability is one of the most
important tasks of currency legislation. Strong fluctuations in the national exchange rate can
complicate foreign economic activity and disrupt trade relations. Therefore, states manage
foreign trade and investment by managing the exchange rate. Some countries freely determine
the exchange rate of their national currency based on market supply and demand. Through such a
system, the exchange rate adapts to the state of the national economy. Some countries stabilize it
by intervening against sharp fluctuations in the exchange rate. This is usually done by central
banks and is done in order to support the market. Capital movement management is another
important task carried out through currency legislation. States try to maintain the stability of the
national economy by controlling capital flows. Capital outflow and inflow: Some countries
regulate the outflow of capital abroad or the inflow of capital from abroad with restrictions. This
is mainly aimed at ensuring economic stability and maintaining foreign exchange reserves.
Through currency legislation, countries can provide tax breaks and other incentives to attract
foreign investment. This, in turn, ensures economic growth and job creation. Through currency
exchange management, countries try to protect the domestic market and normalize foreign
economic relations. Currency legislation is mainly aimed at controlling and regulating
transactions carried out in the foreign exchange market. Restrictions on foreign exchange
transactions: Some countries may regulate foreign exchange transactions with special restrictions.
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For example, licenses may be required to buy or sell certain currencies. Foreign exchange reports:
Companies and organizations engaged in foreign economic activities may be required to submit
special calculations.
Through this, countries have the opportunity to verify the correctness of international
trade transactions. Currency law provides countries with international mechanisms for regulating
international trade and investment. Through this, economic relations between countries are
coordinated and standardized. Currency transactions and capital movements are governed by
trade agreements and investment treaties concluded between countries. For example,
international organizations such as the United Nations (UN) and the World Trade Organization
(WTO) set standards related to currency law. International currency agreements: International
agreements are concluded to coordinate currency exchange and capital flows between countries.
These agreements are mainly implemented to manage exchange rates, encourage foreign
investment, and regulate international financial systems. Currency law serves as an important
tool in regulating foreign economic activity. It creates the necessary legal mechanisms to manage
countries' foreign trade, capital flows, and exchange rate operations. Through currency
legislation, states help ensure their economic security, coordinate their international economic
relations and maintain economic stability, and the existing legislation has only created a new
basis for the development and restructuring of currency regulation and currency control.
However, it is impossible to implement it without a deeper study of the theoretical foundations
of legal regulation of currency relations, based on domestic and foreign experience. It is
necessary to establish alternative and relatively clear sanctions that allow individualizing
financial responsibility, and financial sanctions should be regulated not only at the level of
departmental regulatory documents, but also at the level of laws. All this will allow the Republic
of Uzbekistan to become a full member of the international economic community.
Conclusions and recommendations.
Laws and regulations regulating foreign economic
activity in administrative management are important for ensuring the country's economic security,
attracting foreign investment and developing foreign trade. Regulatory mechanisms: Updating
and strengthening the rules regulating foreign economic activity. This increases the state's ability
to manage all processes related to foreign economic activity. Openness and transparency:
Publicly disclosing information on foreign trade operations and agreements. This improves the
business environment and increases investor confidence. Analysis and monitoring: Introducing
special monitoring systems to monitor and analyze foreign economic activity. This allows for
timely identification of negative trends. Personnel training: Training qualified personnel in the
field of foreign economic activity and updating their knowledge. This helps to improve control
and management processes. Investment support: Creating special programs and incentives to
attract foreign investment. This makes it easier for foreign companies to enter our country.
Constantly updating and adapting the legislation on foreign economic activity to modern
requirements and standards. It is necessary to strengthen cooperation with international
economic organizations and other countries, exchange experiences, and jointly develop new
regulatory mechanisms.
REFERENCES:
1. Constitution of the Republic of Uzbekistan // National database of legislative documents,
dated 30.04.2023, No. 03/21/671/0093.
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2. “Customs Code” of the Republic of Uzbekistan dated 02.02.2022 // National database of
legislative documents, dated 02.02.2022, No. 03/22/748/0086.
3. “Tax Code” of the Republic of Uzbekistan dated 06.05.2022 // National database of
legislative documents, dated 06.05.2022, No. 03/22/767/0386.
4. Law of the Republic of Uzbekistan dated 14.03.2022 “On Competition” //National database
of legal documents information 14.03.2022., No. 03/22/759/0213.
5. Law of the Republic of Uzbekistan dated 21.04.2021 “On Foreign Economic Activity”
//National database of legal documents information 21.04.2021., No. 03/21/683/0375.
6. Law of the Republic of Uzbekistan dated 07.02.2019 “On International Treaties” //National
database of legal documents information 07.02.2019., No. 03/19/518/2589.
