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.
This article analyzes the procedure and legal basis for the acquisition of land for the needs of the state and society. Also, the types of compensation paid for the acquisition of land for the needs of the state and society were studied. The study also identified shortcomings in legislation related to the acquisition of land for the needs of the state and society, and developed recommendations for their elimination. In addition, the article provides the views of theoretical scientists on these social relations and clarifies the extent to which this problem is reflected in developed countries. The author also analyzed statistics on violations related to land acquisition
Over the past 30 years, multi-party regimes have replaced single-party regimes in Arab countries. This process began in Egypt in 1976 with the division of the Arab Socialist Union into three groups. Later, in the late 1990s, Egypt established an electoral system that served the interests of the ruling party’s candidate under the provisions of the election law. This was since the powers of the head of state were constantly amending the constitution. Although Egypt is officially a republic, it can be considered a modern version of a parliamentary monarchy. Because the unlimited power of a political leader combines the functions of a party leader and a head of state in the person of one person. As Western democratization processes take place, tensions between moderate and radical forces and movements in the Arab world will increase. In general, the processes of developing a democratic and civil society in Egypt are unique, which is very different from the western understanding of these problems. At present, the Egyptian leadership faces a major problem of how to achieve political and social modernization in society.
The socio-political activity of youth is an indicator of the processes taking place in modern society. Since the young generation is the main mobilization resource of society, which determines the future of the state. This article is devoted to youth policy, international legal documents developed by the UN, the growing relevance of this issue in connection with the deepening of globalization processes and the ensuing dangers and challenges covering all countries, the solutions of which are impossible without the active participation of young people, a question that is always one of the priority tasks of the international community and in particular the UN. The international legal documents regulating the youth sphere are considered, since this issue has been an object of state policy in more than 130 countries of the world since the middle of the 20th century. In the way in which the state organizes its youth policy, two models stand out - European and Anglo-Saxon. The European model is based on the leading role of the state in the field of youth policy. This model also clearly defines priorities, goals, objectives and expected results. The Anglo-Saxon model is characterized by an approach to support exclusively voluntary activity and youth organizations without the systematic participation of government bodies in the implementation of youth policy. The article analyzes the experience of youth policy in Japan and Uzbekistan, notes the similarities and features of approaches to solving problems and problems of this topic. It is noted that the socio-political system of Japan, unlike most developed countries of the world, for decades allows the government of this country to avoid major social upheavals and crises of social institutions. This, in turn, proves the effectiveness of government measures aimed at solving youth problems in Japanese society. Japan’s policy in this area has its own specifics, based on a combination of traditional preventive measures with innovative ones, which allows us to consider about its universality. The article comprehensively surveys the new course taken by Uzbekistan to increase the role of youth in the socio-political life of society. In this regard, emphasis is placed on the comprehensive support of youth initiatives, both from the state and from youth organizations. Based on this, it can be argued that an open dialogue with youth has become a strategic direction at a new stage in the development of Uzbekistan. In this strategy, a key place is given to increasing the social activity of youth, their involvement in the processes of formation of a modern, democratic state.
Доказывание в уголовном судопроизводстве представляется имеющим как познавательную, так и логическую сущность. Собранная (познанная) информация об обстоятельствах предмета доказывания в пределах доказывания, используется позже во втором значении термина, в контексте логики и аргументирования решений по делу.
This article discusses the conceptual basis of the construction of the rule of law and establishing civil society in Uzbekistan. Also it analyzes the evolution of the theories that formed the basis for the development of our young sovereign state. The authors of the article compared the high achievements of Uzbekistan during the years of independence in the past.
In the introductory part of the article the author characterizes concept of financial activity of the state. In the basic part of the article questions of financial activity of the state are considered. In the conclusion the author makes offers on formation concept of financial activity of the state.
This scientific article sets out analytical views on the intensification of international globalization and the impact of such a situation on the processes of democratic development, the need to improve the conceptual foundations of modern democracy, and the growing role of the state institution in the development of democracy, and that the effectiveness of democratic reforms largely depends on the viability of the state and its institutions for the development of more effective models of democracy. The article focuses on new and very significant conceptual ideas and conclusions on the further development and deepening of democratic reforms, improvement of democratic institutions in our country, which were put forward in the message of the President of the Republic of Uzbekistan to the Oliy Majlis. In particular, the article considers new ideas for the development of democracy, which are comprehensively and deeply substantiated in the Presidential Address. According to the results of the election campaign in our country in December 2019 under the motto “New Uzbekistan - New Elections”, new political conditions were formed for the implementation of democratic reforms at a higher level, and the further deepening of democratic reforms remains the only way for us. In this regard, the article pays special attention to the issues of increasing institutional capacity and the formation of new modern democratic institutions on the scale of our society, created an effective management system. The article also presented analytical views on the following conceptual conclusions of the head of our state on the political system of our society and the further improvement of its functioning: further strengthening the role and responsibility in the public administration of local executive and representative authorities; introduction of a system of reporting of khokims of districts on the execution of their programs to regional Kengashes; expanding social partnerships; development of public control; creation of the Public Chamber of the Republic of Uzbekistan in order to closer interaction between the state and society; the formation of strong institutions of democracy based on the most urgent needs of our society. The scientific article concludes that because of these processes, the effectiveness of democratic reforms in our country will increase significantly, and as a result, the democratic foundations of the political and social development of our country will be further strengthened
The article analyzes the role of “public diplomacy” in the success of China’s domestic and foreign policy, shaping the image of the state in the international arena, as well as in developing intercultural cooperation with Uzbekistan.
Известно, что государственно-частное партнерство (ГЧП) является одним из эффективных инструментов взаимодействия государства и бизнеса, который позволяет стимулировать инвестиционную активность
частного капитала и обеспечивать эффективное сочетание интересов обеих сторон. Сфера инфраструктурной отрасли традиционно относилась к сфере ведения государства. Однако, для эффективного решения многих инфраструктурных вопросов, участие одного государства недостаточно, что требует привлечения частных компаний, которые выступают в качестве инвесторов и/или операторов данных объектов. Изучение тенденции современного этапа развития взаимодействия государственных и бизнес структур посредством ГЧП, и выявление эффективных финансово-промышленных механизмов решения инфраструктурных задач является архиважным на данный момент для многих стран мира.
Являясь объектом конституционного регулирования, внешняя политика становится составной частью конституционного права того или иного государства. Кроме того, актуальность научного анализа конститу-
ционных основ внешней политики государства не может быть игнорирована лишь на основании того, что нормы международного права в этой сфере обладают приоритетом. Конституция может воздействовать на
курс внешней политики государства как непосредственно, так и опосредованно, через общее следование нормам основного закона.
The paper describes impact of cultural diplomacy and the formation of a positive image of the country as an important factor in enhancing the status of the state in the international arena by the example of Japan`s foreign policy.
In the intruductoey part of the article the author
characterizes concept of “function of the state”.
In the basic part questions of maintenance of eco-
logical safety as independent function of the state are considered. In the conclusion the author comes to opinion, that it is necessary to pay special attention of ecological function of the state as the important independent function
Промышленное и гражданское строительство входят в группу ключевых направлений развития государства. Данной утверждение основывается, во-первых, на значительных темпах обновления жилищного фонда (введение в действие новых жилых домов). Во вторых, на необходимости активизации промышленности, которой требуются новые высокотехнологичные здания и сооружения, отвечающие современным стандартам безопасности и требованиям заказчиков подобных строек. Такие приоритеты для государства весьма очевидны. Дело в том, что решая проблемы жилья, хотя бы в той мере, что его предложение на рынке неизменно растет, с соответствующими изменениями цен и изменением конкуренции, государство создает условия для решения и социальных проблем. В частности, новые микрорайоны в обязательном порядке должны быть снабжены детскими садами и школами, а о появлении новых магазинов общественного питания и сферы услуг вообще не вызывают сомнений. Выполняются социальные обязательства, формируются условия для развития малого предпринимательства, происходит стимулирование процессов обмена и распределения накоплений населения, т.е. стимулирование экономики и экономического роста. Темпы строительства новых жилых многоквартирных домов на сегодняшний день одни из самых высоких за новейшую историю государства, а качество строений напрямую зависит от эффективности и соблюдения технологий строительства, а также качества и состава материала, из которого оно ведется.
This scientific article expounds analytical thoughts that in the first decades of the twenty-first century the level of global problems related to the security of mankind has increased many times over, the reasons for this phenomenon are also stated, including the inconsistency of the formation of a new world order, the difficulties of democratization. Conclusions are drawn about new false barriers to the formation of new international relations. The article focuses on the significance of the 75th anniversary session of the General Assembly of the United Nations and new conceptual ideas that were voiced in the speech of the President of the Republic of Uzbekistan Sh.Mirziyoyev. The author concludes that the constructive ideas and initiatives put forward in the speech of the President of our country will be of great importance in the formation of a fair international system, and at the same time, the institutional capacities and effectiveness of the UN will increase. The article concludes that as a result of the implementation of the new ideas put forward, the recommendations of the head of our state under the auspices of the UN, a very large number of problems facing humanity will find their positive solution, as a result, new conditions will appear for the formation of a modern, fair, democratic world order. The article emphasizes that the new ideas put forward by the President of our country, in their essence, are aimed at updating the world order. In this regard, our President calls for an increase in common responsibility, as well as strengthening the democratic approaches of the world community to address these challenges. Therefore, the author believes that the initiatives of our head of state have a very positive meaning for all peoples of the world. The scientific article emphasizes that the proposal of the head of the country to increase the role of national parliaments is also of historical importance. In this regard, as noted in the article, the initiative of the President of the Republic of Uzbekistan for the adoption by the UN of a special decision to enhance the role of parliaments is extremely important for the formation of modern foundations for the development of parliamentary diplomacy. Also, the article pays special attention to the historical role and significance of the new initiatives of the President of the Republic of Uzbekistan for the peaceful solution of the problem of Afghanistan. The article concludes that these fundamentally new, effective initiatives to solve the Afghan problem will contribute to a thorough solution to all the contradictions that exist in modern Afghanistan.