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.
At the present stage of development of society, the issues of conflict regulation of relations in cyberspace or the emergence of conflict of laws cyber law are becoming more and more relevant. The article analyzes the issues of regulation of relations in cyberspace in connection with private international law. In particular, the issues of conflict of law are being updated in the frame- work of relations related to smart contracts, blockchain technologies, electronic platforms and e-commerce in connection with several jurisdictions. In the conclusion, it is noted that private international law is the most positive cross-sectoral base for the implementation of legal innovations taking into account cyberspace, and private international private law can become the base for the regulating of the relations in cyberspace.
As an international arbitration practitioner, one of the initial inquiries we make when discussing the choice of arbitration seat with clients is whether the prospective jurisdiction has adopted the UNCITRAL Model Law. This question holds significant importance. We are only about 45 minutes into this conference, and we have heard extensive discussion of the Model Law already, and I think that is for a good reason. The Model Law really does reflect the state of the art in international arbitration practice as Christina Pak alluded to earlier. When a country adopts a version of the UNCITRAL Model Law as its own national arbitration law, it sends an immediate signal to investors and members of the business community that the law is a good and reliable law, i.e., the type of law that one needs to help to develop that jurisdiction as a strong seat of arbitration and facilitate the attraction of foreign investment and trade. In the instance of Uzbekistan, when practitioners in Uzbekistan and in the region and internationally ask whether the country has an arbitration law based on the UNCITRAL Model Law, of course, the answer to that question now is “yes”.
This research is aimed to study the legal nature of the main international treaties regulating international labor migration, the specifics of consolidating the concept of “migrant worker” in universal and regional international agreements. In accordance with this, the author determined the content of international acts, conducted a review of international universal and regional treaties that regulate the main categories of labor migration. Author concludes that the international legal regulation of the status of a migrant worker is the recognition of his legal personality, the concept of “migrant worker” enshrined in international treaties is intended for the category of migrant workers who are present and work in the state of residence only on legal grounds, the absence of the term “illegal labor migrant” in international treaties is a gap in international law.
This scientific article is devoted to the formation of medical law as an integrated industry in the legal system. The subject and methods of legal regulation of medical law are defined. Revealed the presence of general principles that are inherent in medical law. The content, availability of the system and the structure of medical law are described, containing legal sub-sectors, institutions and norms, methods and other criteria inherent in medical law. Objective aspects that testify to the complex nature of medical law are studied, analyzed and argued.
In this article it has been analyzed the issues of collision-legal regulation of international carriage goods relations in train. The author has considered such conflict rules as the law of following the cargo (in relation to the country of the littering baggage) of the country, the law of the countries of dispatch of cargo, the law of place conclusion of the contract, the law of the place of the incident in relation to international transportation in rail transport. In the result of research the author supposed the increase of kinds of collision norms using to the international carriage in the national legislation.
This article analyzes the historical and modern foundations and aspects of international medical law - a new branch of the emerging system of international law. In this case, the main institution of international medical law - the right to health - is emphasized, its origin, sources, legal nature and significance are studied and clarified.
In the article, based on the provisions of the Law of the Republic of Uzbekistan “On International Commercial Arbitration”, the legal nature of International Commercial Arbitration is considered, the prerequisites for the creation of International Commercial Arbitration in the Republic of Uzbekistan are determined. It determines which disputes can be referred to International Commercial Arbitration, as well as the conditions under which arbitration has the status of international. The norms of the New York Convention “On the Recognition and Enforcement of Foreign Arbitral Awards” of 1958, the European Convention “On International Commercial Arbitration” of 1961 are analyzed. The features of international commercial arbitration as one of the popular methods of resolving international commercial disputes are named.
Some theoretical questions of essence of
the international private law and also its development are discussed in the article. The author analyzes approaches of understanding of the international private law and discusses development and a place of norms of the interna-
tional private law in the Republic of Uzbekistan. The author specifies that this sphere is very actual and that it demand studying and improvement.
In this article, the disclosure of the concept, the essence and types of the institution of a reservation on a public policy that is one of the means of protecting national interests in order to prevent their emergence, is carefully disclose the fundamentals of the national legal order and the constitutional system in the application of international legal norms in the regulation of international private law relations and national laws and rules of international treaties are analyzed
The world is invested with many contentions creating countless displaced people, who escape the dangerous and instability places searching for an asylum in an exceptionally protected where they can essentially partake in their privileges, in this way, to cause outcasts to feel not deserted ,states at the worldwide level have set up global instruments identifying with the situation with the exiles for the prosperity of evacuees from their nation of beginning, the manner in which they ought to be dealt with being out of their routine home, that is the reason dependent on these global lawful instruments we could say that evacuees are matters of global law, to the degree they get from one of the acknowledged threesome of global law sources, settlements ,customs or general standards of law .so worldwide exile law ,which oversees exile insurance as a part of global law has been and still in the focal point of discussions among researchers attempting to discover Great answers for the Security of the outcasts, then, at that point, basically in law, transitory assurance is as of now the all inclusive standard. The goal here is to feature the actual situation of worldwide law concerning impermanent insurance of the evacuees, and a few difficulties that states have been looking during the security of the exiles, and a few states practices during bringing home which break the global law identified with the outcasts, brief assurance is an important standard in that it arranges a pledge to guaranteeing the wellbeing and poise of displaced people until they can get back to their own states.
Determining the place of housing law in the system of law is a theoretical problem, however, effective legal regulation of housing relations depends on its solution. As a starting point, the authors of the article put forward the thesis that the distinguishing of new independent branches of law is justified only if there is an objective possibility of identifying specific basic principles inherent only to this formation (legal principles). Based on the analysis of the principles of housing law, enshrined in Article 3 of the Housing Code of the Republic of Belarus, the authors conclude that there is no uniqueness of the principles of housing law, reflecting its exclusive branch specificity. Along with the absence of its subject and method of legal regulation of housing relations, this circumstance does not allow us to recognize housing law as an independent branch of law. This conclusion, however, does not convince that an accurate understanding of the legal nature and content of the principles underlying legal regulation can have a positive impact not only on the formation of the entire array of legal norms governing housing legal relations but also to contribute to the formation of law enforcement practice under the given benchmarks
The article delves into the complexities of determining the applicable law in international arbitration agreements. It discusses the growing role of arbitration in international trade and highlights the challenges of identifying governing laws, especially when parties have not specified them. The article also explores common law and civil law approaches to this issue and mentions Uzbekistan’s recent legislative efforts to become an arbitration-friendly jurisdiction. The text is particularly relevant for legal professionals and scholars interested in international arbitration and its evolving legal frameworks.
In the article the author considered some theoretical questions connected with definition of a place of the international private law in the law system. In the main part of the article it is revealed the ratio of the international private law as small legal system of the Republic of Uzbekistan with other standard and legal structures.
Article describes the fundamental international standards of right to rest and leisure. These stand-
ards are recognized in basic international law acts. The question of international standards of right to rest and leisure implementation was paid an essential attention in this work.
Firmly protecting the sovereignty of the sea and islands is the responsibility of every maritime country; this is also an important factor in firmly protecting the country's sovereignty. In the context of the world and region's complicated and unpredictable arising challenges, the role of international law of the Sea is a key factor for countries to be able to resolve disputes with relevant countries in the East Sea in accordance with international law. The article explains the role of the use of international law of the Sea in settling disputes related to maritime sovereignty between States; Besides, the article analyzes Vietnam's views on settling disputes related to sovereignty over sea and islands; In particular, the article clarifies Vietnam's application of international law in settling disputes and asserting Vietnam's sovereignty over the sea and islands.
The article is devoted to the emergence and evolution of people's diplomacy in international relations. It focuses on the interpretation of international and interethnic friendly relations, the analysis of their stages of development. People's dip-lomacy is one of the important aspects in the development of international relations of each state. The term people's diplomacy has historically been a mechanism for developing friendly relations between nations and states from the time of its formation to the present. The first period of formation of the term people's diplomacy originated in the East, and in the 60s of the ХХth century, the term began to be widely used in international relations in the West. At the same time, the role of people's diplomacy is expanding and playing an important role in the development of international relations. People's diplomacy is an important part of foreign policy, ensuring the improvement of relations between nations, the promotion of the country's interests in the international arena and the creation of its positive image. People's diplomacy is also a way to influence the thoughts and behavior of the population of foreign countries. Today, people's diplomacy is clearly reflected in the lives of all developing countries. However, there are a number of problems related to the extent and purpose of their implementation, the level of ensuring friendly relations between peoples. Therefore, the article also discusses the issue of people's diplomacy in international relations, its formation and stages of development, its role in the international community. The attention paid to the development of people's diplomacy in the international arena in recent years, in particular, and the analysis of the work being done in this direction are also mentioned. The article also reveals the importance of people's diplomacy and its equal development of friendly relations between peoples.