The aim of the research consists in development of offers and recommendations about further improvement of criminal-legal and criminological measures of fight against crimes in the sphere of information technologies and safety.
The object of the research work is the system of the public relations regulating criminal-legal, criminological and organizational measures for counteraction to crimes in the sphere of information technologies and safety.
The scientific novelty of the research consists of the following:
the expediency of establishment of administrative responsibility for violation of personal privacy at compliance with the law about protection of private life, ensuring protection of the rights of citizens and also completion of legal gaps is proved;
need of establishment of responsibility for infringement of personal privacy in article 1411 Criminal Code of the Republic of Uzbekistan when ensuring criminal legal protection of personal privacy and inevitability of responsibility is proved;
for ensuring the principles of justice and humanity in the criminal legislation the expediency of awarding punishment in the form of restriction of freedom on the persons who have committed crimes in the sphere of information technologies is proved;
high degree of public danger of some crimes (illegal activities for attraction of money and (or) other property (article 1881 of CK), production, storage, distribution or demonstration of the materials containing threat of public safety and to public order (article 2441 of CK)) committed with use of networks of telecommunications and the Internet is explained;
establishment of responsibility for bringing to suicide and inducement to suicide with use of networks of telecommunications and the Internet is proved;
need of introduction of responsibility of the blogger for placement of public negative information of a certain look for the Internet is proved;
inadmissibility of use of personal data of the participants at implementation of electronic commerce for who aren't provided by the contract, need of nondisclosure of the specified data are proved;
establishment of the ban on distribution among children of the information justifying illegal behavior and promoting commission of offense, calling for promotion of the destructive ideas in society and also responsibility for the specified acts is offered;
expediency of application of a method of «confidential dialogue» concerning the persons who have committed information crimes, need of implementation of inquiry, the investigation and preventive measures proceeding from their psychological state are specified;
need of recognition of the actions exerting negative impact to life, health and morality of the personality, made with use of means of information technologies as socially dangerous act is offered.
Implementation of research results. The results of the study are used:
the proposal on establishment of administrative responsibility for violation of personal privacy has found the reflection in article 461 of the Code of the Republic of Uzbekistan about the administrative liability entered by the Law of the Republic of Uzbekistan of September 23, 2016 No. ZRU-411 (the act of Committee on the legislation and the judicial-legal matters of the Legislative Chamber of the Oliy Majlis of the Republic of Uzbekistan from September 28, 2016, No. 06/1-05/1148-vkh). This change provides compliance with the law about personal privacy, protection of the rights of citizens and also completion of a legal gap in the legislation;
the proposal on establishment of criminal liability for violation of personal privacy has found the reflection in article 1411 of the Criminal code of the Republic of Uzbekistan entered by the Law of the Republic of Uzbekistan of September 23, 2016 No. ZRU-411 (the act of Committee on the legislation and the judicial-legal matters of the Legislative Chamber of the Oliy Majlis of the Republic of Uzbekistan from September 28, 2016, No. 06/1-05/1148-vkh). Establishment of criminal liability for commission of the act breaking personal privacy provides criminal legal protection of private life of the person and inevitability of responsibility;
offers on expediency of awarding punishments in the form of restriction of freedom concerning the persons who have committed crimes in the sphere of information technologies, have found the reflection in articles 2781-2786 Criminal Code of the Republic of Uzbekistan according to the Law of the Republic of Uzbekistan from August 10, 2015 No. ZRU-389 (the act of Committee on the legislation and the judicial-legal matters of the Legislative Chamber of the Oliy Majlis of the Republic of Uzbekistan from July 2, 2018, No. 06/1-05). This offer serves purpose of alternative punishment for crimes in the sphere of information technologies;
high degree of public danger of commission of some types of crimes with use of networks of telecommunications and the Internet has found reflection in article 1881, the «g» point of third part of article 2441 Criminal Code of the Republic of Uzbekistan according to the Law of the Republic of Uzbekistan of April 25, 2016 No. ZRU-405 (the act of Committee on the legislation and the judicial-legal matters of the Legislative Chamber of the Oliy Majlis of the Republic of Uzbekistan from July 2, 2018, No. 06/1-05). According to this offer criminal liability for use of information technologies in criminal intents has been established;
responsibility for bringing to suicide, the inducement to suicide made with use of networks of telecommunications and the Internet have been established in article 103 and 1031 Criminal Code of the Republic of Uzbekistan according to the Law of the Republic of Uzbekistan of June 13, 2017 No. ZRU-436 (the act of Committee on the legislation and the judicial-legal matters of the Legislative Chamber of the Oliy Majlis of the Republic of Uzbekistan from July 2, 2018, No. 06/1-05). This offer has served establishment of criminal liability for the information attacks encroaching on human life;
regulations on responsibility of the blogger for dissemination of public negative information of some look on the Internet are introduced in articles 3 and 121 of the Law of the Republic of Uzbekistan from December 11, 2003 No. 560-II «About informatization» (the act of Committee on questions of innovative development, information policy and information technologies of the Legislative Chamber of the Oliy Majlis of the Republic of Uzbekistan from July 2, 2018, No. 05/2-01-71). This offer serves prevention of various crimes committed with use of the Internet;
offers on inadmissibility of use of personal data of the participants at implementation of electronic commerce for who aren't provided by the contract need of nondisclosure of the specified data have found the reflection in article 18 of the Law of the Republic of Uzbekistan of May 22, 2018 No. ZRU-385 «About electronic commerce» (the act of Committee on questions of innovative development, information policy and information technologies of the Legislative Chamber of the Oliy Majlis of the Republic of Uzbekistan from July 2, 2018, No. 05/2-01-71). This offer became a basis for the ban illegal use of personal data from participants of electronic commerce;
offers on establishment of the ban on distribution among children of the information justifying illegal behavior and promoting commission of offense, calling for promotion of the destructive ideas in society and also responsibility for the specified acts are introduced in article 16 of the Law of the Republic of Uzbekistan of September 8, 2017 No. ZRU-444 «About protection of children from information doing harm to their health» (the act of Committee on questions of innovative development, information policy and information technologies of the Legislative Chamber of the Oliy Majlis of the Republic of Uzbekistan from July 2, 2018, No. 05/2-01-71). This offer has served recognition of dissemination of information among children of information doing harm to their health as illegal behavior;
offers on improvement of criminal liability for crimes in the sphere of information technologies and safety have been used by preparation of analytical notes within the Concept of improvement of the criminal and criminal procedure legislation approved by the resolution of the President of the Republic of Uzbekistan of May 14, 2018 No. PP-3723 (the act of Committee on questions of innovative development, information policy and information technologies of the Legislative Chamber of the Oliy Majlis of the Republic of Uzbekistan from July 2, 2018, No. 05/2-01-71). This offer serves a proving of inevitability of responsibility for crimes in the sphere of information technologies and information security;
offers on expediency of application of a method of «confidential dialogue» concerning the persons who have committed information crimes, need of implementation of inquiry, the investigation and preventive measures proceeding from their psychological state have been introduced in activity of the relevant structural divisions of the Ministry of Internal Affairs of the Republic of Uzbekistan (the act of the Ministry of Internal Affairs of the Republic of Uzbekistan from July 2, 2018 No. 33/1985). This offer has served increase in efficiency of prevention of crimes in the sphere of information technologies and information security;
offers on need of definition of external influence, level of competence and practical skills of employees, motives of offense when studying the reasons of crimes in the sphere of information technologies and information security and also conducting monitoring of social networks have been introduced in activity of the relevant structural divisions of the Ministry of Internal Affairs of the Republic of Uzbekistan (the act of the Ministry of Internal Affairs of the Republic of Uzbekistan from July 2, 2018 No. 33/1985). This offer has served definition of the reasons and early warning of crimes in the sphere of information technologies and information security;
offers that the information security is object of criminal legal protection taking into account its direct connection with the state interests have found the reflection in the Law of the Republic of Uzbekistan «About modification and additions in the Law of the Republic of Uzbekistan «About the principles and guarantees of freedom of information» (the act of the Center of information security and assistance in ensuring public order at the Ministry of information technology development and communications of the Republic of Uzbekistan from November 13, 2017 No. 03-07-02/124). This offer has served protection of information security as object of criminal legal protection;
offers on need of implementation of complex measures from law enforcement agencies for ensuring information security at information security have found the reflection in the Law of the Republic of Uzbekistan «About modification and additions in the Law of the Republic of Uzbekistan «About the principles and guarantees of freedom of information» (the act of the Center of information security and assistance in ensuring public order at the Ministry of information technology development and communications of the Republic of Uzbekistan from November 13, 2017 No. 03-07-02/124). This offer has provided orientation of activity of law enforcement agencies on information security;
offer that threats of information security exert essential harm to the interests of the personality, society and state information have found the reflection in the Law of the Republic of Uzbekistan «About modification and additions in the Law of the Republic of Uzbekistan «About the principles and guarantees of freedom of information» (the act of the Center of information security and assistance in ensuring public order at the Ministry of information technology development and communications of the Republic of Uzbekistan from November 13, 2017 No. 03- 07-02/124). This offer has allowed to estimate high degree of public danger of information threats as a factor of commission of information crimes;
the rule about protection of the personality against illegal information influence taking into account that impact on consciousness of the personality with use of means of information technologies exerts negative impact on life, health and morality of the personality, has found the reflection in the Law of the Republic of Uzbekistan «About modification and additions in the Law of the Republic of Uzbekistan «About the principles and guarantees of freedom of information» (the act of the Center of information security and assistance in ensuring public order at the Ministry of information technology development and communications of the Republic of Uzbekistan from November 13, 2017 No. 03-07-02/124). This offer has served recognition of the specified actions as socially dangerous act.
Structure and volume of the dissertation. The thesis consists of an introduction, four chapters, a conclusion, a list of used literature and applications. The volume of the thesis is 260 pages.
As presented in the content of documents of state importance, primary education is an important component of continuing education in the country, and its effective organization can be an important guarantee of success in the next stages of education. Indeed, there is an opportunity to further enrich and strengthen the skills of learning activities and spiritual and moral qualities acquired by students in primary schools, while studying in basic schools, academic lyceums, vocational colleges and higher education institutions. In this regard, it is advisable to focus on fostering a sense of responsibility from the time of primary education. The qualities formed in the student’s behavior during this period are strengthened in the later stages of the system of continuing education. This article explains the essence of the concept of «responsibility», content of educating responsibility sense of pupils of primary schools and role of academic disciplines and spiritual-educational activities in fostering a sense of responsibility in primary school students.
В статье анализируются факторы, препятствующие эффективному применению
основания прекращения уголовного дела в связи с истечением срока давности привлечения к ответственности, даются рекомендации по их устранению и
дальнейшему совершенствованию процессуального порядка применения данного основания.
The paper analyzes the factors impeding the effective application of grounds for termination of the criminal case in connection with the expiration of the statute of limitations, provides recommendations to address them and further improvement of the procedural modalities of application of foundation.
In the article value, role and necessity of the Law «About internal affairs bodies» on 2016 in legal and social protection of employees of internal affairs bodies are analyzed, also classification of guarantees legal and social protection of employees of internal affairs bodies is developed. Also in the article recommendations on further enhancement legal and social protection of employees of internal affairs bodies are developed.
The second half of the twentieth century is remarkable for the development of memoir literature and the significant interest in it of both readers and literary critics, because of increasing in the selfconsciousness of a human being who realizes his close connection with history. The study of the development of memoir literature from the point of view of the history of individual art forms, the analysis of the genre and poetic specificity of works opens up wide opportunities for understanding the general trends and evolution of memoiristics as a whole. This article makes an attempt to trace the historical stages of the origin and development of Hindi memoir literature and determine in it the place of the outstanding Hindi writer Vishnu Prabhakar who through the prism of artistic perception in his memoir works depicts the era of his time by subjectively understanding the changes taking place not only in the structure of Indian society but also in its mind.
This article is devoted to the issues of exemption from contractual liability in English law, as well as the exposure of the essence of the doctrine of "frustration". The essence of the contract, the peculiarity of liability for non-performance of contractual obligations, as well as the grounds and conditions for exemption from liability under English law has been studied. Both judicial precedents and English law have been widely used in this article.
The article analyzes in detail a retrospective analysis of the institution of exemption from criminal liability in connection with reconciliation in the history of criminal law of the Republic of Uzbekistan, an in-depth analysis of the views of scientists, historical and legal literature. In addition, an in-depth analysis of the provisions of the Criminal Procedure Code of 1864 and the Criminal Code of 1926 and 1959 on the establishment of exemption from criminal liability in connection with the harmonization of the Criminal Code of the Republic of Uzbekistan was carried out. Based on the results of the analysis and research, the author's theoretical conclusions about deviations in the emergence and development of the institution of exemption from criminal liability in connection with reconciliation are drawn.
The article analyzes the content and legal nature of the
exclusive rights of the authors, the origin of liability for infringement of exclusive rights in the field of intellectual property, types of liability property, types of liability, the difference between civil and other liability, ways of
exercising intellectual property rights, litigatio
Одним из малоизученных в сфере инвестиционного законодательства является вопрос о юридической ответственности участников инвестиционных правоотношений. И это имеет свои основания. Инвестиционное право как комплексная отрасль права, включающая в себя частноправовое и публично-правовое регулирование 1, может быть взаимосвязано с гражданско-правовой и административно - правовой ответственностью. Исходя из этого, вопросы ответственности в инвестиционном праве выступают в виде гражданско-правовой; материально-правовой; административно-правовой; дисциплинарно-правовой и уголовно-правовой ответственности.
Рассматривая ответственность за нарушение договора авиаперевозки, мы не должны забывать, что воздушные суда, как, впрочем, и любой другой транспорт, является источником повышенной опасности. Поэтому мы должны говорить, с одной стороны, непосредственно об ответственности за нарушение договора авиаперевозки, то есть о взаимной ответственности сторон данного договора друг перед другом, а с другой стороны, об ответственности владельца источника повышенной опасности, которая является, по своему характеру, внедоговорной.
В статье рассматриваются возможности формирования социальной активности младших школьников в процессе организации уроков технологии; развитие социальной активности младшего школьника на уроках технологии представлен как целенаправленный процесс овладения навыками инициативности, самостоятельности, ответственности, адекватной самооценки.
This article analyzes the priority directions of social development at the present stage based on proposals, initiatives and conceptual ideas put forward in the Address of the President of the Republic of Uzbekistan to the Oliy Majlis in 2018. As noted in the article, the Strategy of Action on the five priority directions of development of the Republic of Uzbekistan in 2017–2021 contributes to the improvement of the strategic framework to ensure the vital needs and legitimate interests of the population and strengthen the foundations of a decent and comfortable life. In this regard, as noted in the article, the Address of the President of the Republic of Uzbekistan Shavkat Mirziyoyev to Oliy Majlis on December 28, 2018, and the fact that 2019 was proclaimed the “Year of Active Investments and Social Development” became the logical continuation of the years of “Dialogue with the people and human interests”, “Support for active entrepreneurship, innovative ideas and technologies” in the country. It indicates that in the third stage of the reform strategy, the importance of social development as a priority of state policy increases. According to the author, increasing the economic potential of the country by attracting investment will inevitably lead to the development of social spheres. The article focuses on the development of the social sphere. The author reveals the essence of the concept of “social development”. As noted, “social development” is a change that contributes to the emergence of new social relations, institutions, norms and values in society. In this regard, features and criteria of social development are shown. The article outlines the main tasks for the further development of the social sphere in 2019, as defined in the Presidential Address. In particular, comments were given to initiatives and conceptual ideas for further improvement of science, modern and continuing education, further strengthening of state social support for young people, and the development of a national idea. The article widely describes the concept of “investment in human capital” and the article notes that investments in human capital include expenditures on health care, general and special education, employment, vocational training, raising children and others. The effectiveness of such investments is reflected in the pace of development of society in all areas. The article shows how the issues of modern education and upbringing of young people and their social support are important in the social development of the country. The article analyzes important practical steps taken to ensure that the sphere of education and training directly serves further human improvement.
Subject of the inquiry is the social structure of society in the territory of Uzbekistan and its transformations in conditions of colonial and Soviet regimes.
Aim of the inquiry: is a complex investigation of transformations of the social stratification of society in the territory of Uzbekistan in close entwinement with political and socioeconomic events during the period from the end of the 19lh century up to the end of the 1930s.
Method of the inquiry: the research has employed the problcm-and-chronological and retrospective-historical methods, the methods of comparative and of system analyses.
The results achieved and their novelty: the dissertation is the first to make an attempt of approaching the studying of the problem of social stratification of society in the territory of Uzbekistan and to do a complex, multifaceted research covering a long historical period. The research was pursued from the new conceptual - methodological positions of the theory of stratification of society, what has not been used in domestic historiography until now.
Practical value: the materials systematized in the dissertation can help and contribute to more profound knowledge of the historical past of Uzbekistan thereby assisting to the formation of the worldview and ideology of the youth.
Degree of embed and economic efficiency: the material of the disscrtational work is reflected in 38 publications including the monograph, 21 journal articles(including three articles in foreign journals), and three educational books. Currently these publications are used by university students and researchers.
Sphere of usage: material of the research might be useful to scholars of social and political sciences, to historians in their writing works on the history of Uzbekistan and in writing scientific-methodical study guides for students of higher education establishments and secondary-special educational institutions, as well as for professional training of high-skilled specialists.