In this article reflects a comparative legal analysis of issues related to judicial expenses and fines in the civil process of the Republic of Uzbekistan and the Russian Federation. Also analyzed the advantages and disadvantages in the tax sphere, issues related to legal costs in the legislation of the two countries.
This article analyzes legislative acts and codification of international private law of different countries and promotes the view that the adoption of autonomous complex legislation on private international law and international civil procedure greatly simplifies the task of practice the right to use in addressing conflicts " differentnational "laws. It is noted that, bringing legal clarity in the regulation of legal relations associated with foreign law and order, they help prevent legal crisis and "legislative inflation" caused by the use of more and more, there is little useful regulations.
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.
In the article the author considers in detail the content and significance of the general and special international legal acts of the United Nations regulating state protection of participants in criminal proceedings. In conclusion, ideas were expressed on the implementation of the norms of international legal acts to ensure the safety
of victims, witnesses, and all other persons involved in criminal proceedings.
John Austin’s theory of speech acts revolutionized the study of language by shifting the focus from analyzing sentences in isolation to examining the communicative functions and intentions behind utterances. Central to Austin’s theory is the notion of illocutionary acts, which refers to the speaker’s intended illocutionary force in performing an utterance. This paper explores the concept of illocution in Austin’s theory of speech acts, its key components, and its implications for understanding language use and communication. By delving into Austin’s groundbreaking work, we gain insights into the complex nature of speech acts and their significance in everyday interactions.
In this article it was researched the procedural acts on economical cases and theoretical and practical aspects of their registration. It was put forward the proposals on the improvement the registration of procedural acts on economical cases. It was said opinion about the right registration of procedural acts, the issues of applying to the courts on electronically, as well as the some mistakes that are appearing in practice in the process of registration of procedural acts.
In this article the concept and essence of a legal assistance of the states in case of execution of judgments on the international commercial disputes have been opened, regulations of the international acts and the legislation of the Republic of Uzbekistan are analysed.
In the article it is analyzed the concept and essence of judicial documents and the role of legal consciousness by supplying adoption of judicial documents
The article deals with the issues of assessing the quality of preparation and adoption of regulatory legal acts, in particular, the assessment of the regulatory impact
of regulatory legal acts and their projects. The author
points out that the assessment of the regulatory impact in
order to achieve its goals should be systemic in nature
and when it is introduced into the practice of rule-making,
the decision-makers should take into account the presence / absence of a number of preconditions, as well as
assess the extent to which existing institutions can serve
high-quality structural framework.
This article is devoted to highlighting such problems as copyright compliance in global Internet in the field of digital globalization and widespread use of information technologies on various IT platforms, analyzes the most common violations in the field of intellectual property protection and copyright in particular, namely, the use of copyrighted photographs, texts, images without obtaining the appropriate permission of the author or without specifying information about it, which is the main indicator of plagiarism, that is, the misuse of someone else's creative work. The paper considers normative legal acts of the Republic of Uzbekistan in the field of intellectual property protection with an explanation of legislative bases of copyright and various ways of their use in both civil and administrative and criminal legislation. In addition, several proposals have been put forward to improve legal culture of citizens and technical protection of copyrights through the use of World Organization of Information Property WIPO PROOF service.
This article is devoted to the analysis of the stages of implementation of organizational and legal measures for the preparation and adoption of the law on international commercial arbitration, as well as disclosure of the essence of international agreements and conventions in the field of international arbitration. The regulatory legal acts governing the establishment of international commercial arbitration are investigated and the corresponding conclusions are drawn
In this article it is explained the meaning, analyze, theoretic-legal views, appropriate characteristic of mandatory insurance of civil liability of carrier and analyzed normative-legal acts in this sphere.
This article devoted to some problems of parallel import for the protection of pairs of intellectual property objects
In this article on the basis of studying of the international legislative experience offers and recommendations about modification and additions are provided to normative legal acts of the Republic of Uzbekistan in-creasing of role of the defender in collecting evidence in criminal cases
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.
This article analyzes the role of mass media in providing freedom of information of citizens and participation in the formation of public authorities and governing bodies
In the introductory part of the article the author characterizes a crime of plunder by assignment or waste. In the basic part of the article questions of responsibility for repeated fulfillment of plunder by assignment or waste are considered. In the conclusion the author makes the offers on perfection of the national legislation in sphere of struggle against penal crimes.
The article analyzes the scientific and
theoretical issues of identifying and eliminating gaps in acts of legislation. The methods and range of subjects to identify gaps in the legislation and the directions of their activities are reviewed. The conclusions on methodological problems of identifying gaps in the legislation are suggested..
The article analyzes the legal basis for the invalidity of the normative legal асеқ, the problems of our national legislation on the settlement of administrative disputes and proposals for their resolution on the basis of scientific and theoretical views. Problems in the field are analyzed in specific areas. The article also analyzes the issue of evidence of the persons involved in the case of invalidation of the departmental normative-legal document (applicant, defendant, the Ministry of Justice, etc.) on the basis of theoretical views and current legislation. In particular, the classification of evidence was found to be invalid in the departmental normative-legal document. In particular, it was analyzed that the lists of necessary evidence should be reflected only in the decision of the plenum of the Supreme Court and the compulsory use of the evidence included in the list should be voluntary. Suggestions were made to improve the legislation