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.
The article examines the justified bases for a large-scale reform of the legislation for resolving in vestment disputes. A review of the updated legal regula tion of the resolution of investment disputes is being car ried out on the basis of the Law of the Republic of Uzbekistan “On Investments and Investment Activities”, which entered into force on January 26, 2020 and other legisla tive acts. The main factors that led to the need to develop and adopt in the above mentioned Law new legislative norms for resolving investment disputes, as well as its main novelties on the part of the international community are studied. Particular attention is paid to the legal frame work for investment arbitration based on international treaties, as well as a multi-level procedure for resolving in vestment disputes. A comparative analysis of this legisla tive approach to resolving investment disputes is carried out with international experience. In addition, the specific provisions of the new Law of the Republic of Uzbekistan “On Investments and Invest ment Activity” in terms of norms for resolving investment disputes are analyzed. The conclusion is substantiated that the definition of specific powers of the authorized state and especially the Business Ombudsman in the field of investment activities, the introduction of a multilevel procedure for resolving investment disputes, including the expansion of alternative options for resolving disputes through compulsory mediation and a radical increase in the role of this institution on the basis of legal require ments will contribute to a clear and correct understanding of the norms of national legislation and, most importantly, a legal basis is created for the settlement of investment disputes in pretrial through the use of alternative dispute resolution.
In this paper were analyzed issues of the humanization of criminal justice as an important criterion to assess the strengthening of guarantees of rights and freedoms. It analyzes the concept such as criminal justice, criminal procedure relationships and humanization of the criminal proceedings. In addition, the article highlights the important aspects of the humanization of the criminal proceedings.
The article analyzes the issue of improving the norms of domestic criminal legislation on criminal liability for smuggling, in particular, specific proposals are made to improve the norms of the law regarding the subject, the objective side of smuggling, and aggravating circumstances. liability circumstances.
This article emphasizes the formation of norms for compensation of damage caused by internal affairs organs (hereafter - the IAO in context), the participation and importance of the IAO in tort relations as a “state organ” and “legal entity”. Moreover, the difference between the liability of the IAO for damage caused by its activities as a state organ and legal entity is explained. The obligation to compensate for damage as a result of the activity as a state organ should be paid from the state budget and the obligation to compensate for damage as a result of the activity as a legal entity from extra-budgetary funds of the internal affairs organs are grounded.
Civilian scholars` views on the issue of compensation for damage caused by illegal decisions, illegal actions (inaction) of internal affairs organs and officials are analyzed. The legislation system of foreign countries, including Germany, England, Turkey, Ukraine, the Russian Federation and a number of CIS countries is considered.
Proposals and recommendations have been developed to improve the mechanism of compensation for damage caused by the illegal application of administrative and criminal law by the internal affairs organs in our national legislation. Establishing special state fund to ensure timely and full compensation for damage caused to citizens and legal entities in the exercise of internal affairs organs and their officials have been scientifically substantiated
The purpose of the study is to analyze the grounds for terminating a criminal case due to the non-appearance of a private prosecutor without good reason at a court session in criminal cases of private prosecution (both provided for by the Code of Criminal Procedure of the Russian Federation and arising from the Resolution of the Constitutional Court of the Russian Federation dated April 13, 2021). The mechanism proposed by the Constitutional Court of the Russian Federation for exercising the right of the defendant to effective judicial protection did not remove the problem of applying Part 3 of Art. 249 of the Code of Criminal Procedure of the Russian Federation, and the legislator, who did not accept the position of the Constitutional Court of the Russian Federation, returned to the basis for terminating the criminal. cases of private prosecution when the private prosecutor fails to appear without good reason at the court session, provided for by the Code of Criminal Procedure of the RSFSR.
Становление и развитие уголовного процесса непосредственно связаны с преобразованиями социальных отношений конкретного исторического периода. Если XVIII - XIX века для ведущих государств мира знаменуемы промышленной революцией, и как следствие развитием правового регулирования общественных отношений, то сегодня смело можно утверждать о цифровой трансформации разных сфер общественный отношений, в том числе и уголовно-процессуальных. Результаты научно-технических достижений позволили говорить об электронной информации и электронных носителях информации. Идея цифровой трансформации уголовного судопроизводства полностью коррелирует с генеральной линией повышения транспарентности деятельности государственных органов, обозначенной в Указе Президента РФ «О Стратегии развития информационного общества в Российской Федерации на 2017 - 2030 годы»1, а также в «Едином плане по достижению национальных целей развития Российской Федерации на период до 2024 года и на плановый период до 2030 года»
В современных условиях, деятельность правоохранительных органов, ведущих борьбу с преступностью должна быть не просто качественной, а максимально эффективной. Такая эффективность невозможна без использования новейших достижений науки и техники. При этом, нельзя не отметить, что внедрение в уголовный процесс результатов научно технического прогресса поднимает целый пласт проблем, затрагивает различные аспекты: организационный, криминалистический, правовой и нравственнопсихологический33 34 35. Охватить весь комплекс проблем, связанных с цифровизацией уголовного судопроизводства в рамках одной статьи, конечно, не представляется возможным. В этой связи можно определить цель данной работы, как выявление тех сфер уголовного процесса, затрагиваемых цифровизацией, которые существенным образом могут повлиять на фундаментальные основы судопроизводства.
Научная статья анализирует текущее состояние законодательства Республики Узбекистан, фокусируясь на
конституционных реформах, направленных на укрепление верховенства закона. Рассматривается членство Узбекистана в международных организациях, таких как ООН и Шанхайская организация сотрудничества, и подчеркивается их влияние на совершенствование национального законодательства. В статье выделяются основные проблемы Узбекистана в обеспечении верховенства закона и предлагаются комплексные решения к этим проблемам. Статья аргументирует, что эти меры способствуют гармонизации законодательства с мировыми стандартами, укрепляя роль Узбекистана в глобальном правовом сообществе.
The article is devoted to the topical problem of financial law – systematization and codification of
budget legislation. The author cites evidence that prior to the adoption and entry into force the Budget code of the Republic of Uzbekistan there were more than 80 normative legal acts regulating budgetary legal relations. Acceptance of the Budgetary codec has become a progressive step in improving the financial legislation of the country. The article review the features of the new Budget code.
This article is considered developed of criminal law issues and prevent juveniles’ delinquency, in order will be given proposals and recommendations.
In this article, the author conducted a retrospective analysis of the Criminal Code and put forward suggestions and recommendations for improvement. In particular, the article analyzes, changes and additions to the Criminal Code of the Republic of Uzbekistan, in which the steps of the criminal law policy of the state in the sphere of liberalization of criminal law in areas: criminalization, decriminalization, penalization, decriminalization, differentiation and individualization of responsibility punishment.
The article deals with the ways of perfection of norms of the criminal legislation of Uzbekistan providing the liability for children traffic.
In this article authors made research on theoretical practical aspects of administrative responsibility for breach of tax legislation and basis for its application. Authors provided their recommendations on further improvement of administrative responsibility for breach of tax legislation and basis for its application.
In the introductory part of the article the general
characteristic of operating ground legislation of the Republic of Uzbekistan are given. In the basic part questions of perfection of the national ground legislation are considered. In the conclusion authors bring specific proposals on the further perfection of the ground legislation in the
Republic of Uzbekistan.