This article is devoted to the study and analysis of criminal liability of medical personnel based on national and foreign experience. The national legislation of the Republic of Uzbekistan in the field of regulating the criminal liability of medical personnel has been studied, and the existing achievements and problems have been identified. Based on progressive foreign experience, proposals have been developed to improve legislation in this area.
Материальная ответственность имеет определенные сходства с имущественной ответственностью в гражданском праве. Оба вида ответственности, как правило, связаны с имущественным взысканием. Безусловно, права С.П. Мороз, которая утверждает, что
«Материальная ответственность и гражданско-
правовая ответственность – это самостоятельные виды юридической ответственности и институты различных отраслей права»1.
The United Nations Universal Declaration of Human Rights dated December 10, 1948, as a task that all peoples and states should strive to achieve, so that every person and every organ of society, constantly bearing in mind the present Declaration, seeks to ensure a universal and effective recognition and implementation both among the peoples of the Organization's member states and among the peoples of territories under their jurisdiction. Article 235 of the Criminal Code of the Republic of Uzbekistan addresses criminal liability for torture and other cruel, inhuman or degrading treatment or punishment.
Ҳозирги кунда фуқароларнинг ҳуқуқ ва эркинликларини муҳофаза қилинишини таъминлаш, фуқаролик жамияти қуриш, ўз йўлини танлаган хар қандай давлатнинг ажралмас белгиси бўлиб ҳисоблана- ди. Унинг амалга оширилиши шахснинг, ҳуқуқ-тартибот ҳамда жиноятчиликка қарши кураш соҳасида давлат ва унинг органлари билан вужудга келадиган муносабатларини, инсоннинг ҳаёти учун жуда муҳим бўлган соҳаларига аралашувлардан сақланишини таъминлашга қаратилган.
Ҳозирги куннинг энг асосий муаммоларидан бири аҳолисининг асосий қисмини мусулмон бўлган мамлакатнинг диний эътиқодига зид бўлган ақидаларнинг минтақамизга кириб келишининг олдини олиш, анъанавий, маърифий ва мўътадил исломни ёт ғоялардан сақ- лашдир. XXI аср вабоси бўлган терроризм ва диний ақидапарастлик хавфини тўла бартараф қилиш ҳам мазкур муаммони ҳал қилишга боғлиқ, чунки ҳар қандай мутаассиб кайфиятдаги кишиларнинг диний ҳиссиётларидан ғаразли мақсадларда фойдаланишга интилиш жамият- даги демократик ислоҳотлар, диний бағрикенглик шартларининг таъминланишига тўсқинлик қилади.
The article deals with liability for violation of exclusive rights in relation to computer programs and databases. Exclusive rights in relation to computer programs and databases, protection of exclusive rights, experience of foreign countries are analyzed. In conclusion, it is proposed to amend the legislation.
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 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
This article focuses on issues of criminal responsibility for crimes against freedom in criminal laws of some foreign countries.
In this article the author analyzes the provisions of the Criminal Code of the Republic of Uzbekistan provides for liability for the deal against the interests of the Republic of Uzbekistan. The article also highlights the history of the establishment of criminal responsibility of the crime and the comparative analysis of foreign law.
Мамлакатимизда қабул қилинаётган қонунлар ва қонун ости ҳужжатлар турли ижтимоий муносабатларни тартибга солиш билан бир қаторда маълум бир ҳуқуққа хилоф ҳаракат (ҳаракатсизликлар)- ларни ҳуқуқбузарлик сифатида эътироф этиб улар учун тегишли юридик жавобгарликни ҳам белгилайди.
It is known that labor discipline is an objective necessity in the production process. In the legal literature, this concept has been interpreted in different ways. Labor discipline is a procedure that determines the interaction of the participants in production, strengthened by legal norms. More simply, labor discipline refers to the necessity of joint labor as well as the subordination of Labor participants to a certain order. Labor discipline is studied as a subject of various disciplines. In the field of law, however, it is studied and researched as a legal category. labor discipline is also important as an institution of labor law. This aspect of it is manifested as a system of legal norms that regulate the rules of the internal Labor procedure of the enterprise, the duties of the employee and the employer, as well as establishing honest labor and measures to stimulate it, and the disciplinary responsibility of employees for violation of labor discipline. labor discipline by its nature is also, to a certain extent, a mirror of the true behavior and morality of the employee. Because, in this sense, it testifies to the production discipline of the employee and to what extent he adheres to the established order in this regard. This article analyzes all the circumstances related to the labor discipline of employees of enterprises and institutions through legal norms in Uzbekistan. Already, the state of labor productivity in production is largely directly related to whether employees adhere to labor discipline in the labor process or not.
The article considers the involvement of internal affairs in tort relations and tort liability. The analysis of the current legislation and law enforcement practice.
In this article it is analysed the variety of responsibility for offense in the field of confidential information protection, features and gaps of legislation on contractual responsibility for offense in the field of protection of some types of confidential information of personal character
One receives the disputes that occur during working hours,
decisions made by the administration which are sometimes contrary to the imagination and needs of the employee, as a matter of course, because work time is a responsibility imposed by the social system. A person obeys the above decisions and judgments, knowing that he must take on this responsibility, and strives to
fulfill them in full. However, after work, especially in leisure time, a person does not accept all the views, norms, decisions that are present in a given society. He prefers to assimilate only the values that correspond to his interests and needs, to receive spiritual nourishment from them. He does not accept values or actions that
do not suit his interests and needs, or openly denies them. Since ethnoculture is based on the spiritual, national and cultural needs and interests of the nation, formed over the centuries, it is impossible to adopt an attitude of indifference towards ethnocultural traditions. This phenomenon can account for the permanence of traditional values, the growing interest of our youth in the historical and cultural heritage, traditions of national holidays and rites. The article describes the methods of recreation and leisure in the ethnoculture of the Uzbek people with the example of calendar holidays, recreational festivals, nature-related ceremonies.
The article deals with the norms of responsibility for breaking the rules of passport system in administrative legislation of the Republic of Uzbekistan. The author elaborated scientifically grounded proposals on perfection of responsibility for breaking the rules of passport system.
The article deals with the ways of perfection of norms of the criminal legislation of Uzbekistan providing the liability for children traffic.
За нарушение прав на конфиденциальную информацию могут быть наложены различные виды правовой ответственности, в частности:гражданско–правовая; уголовно – правовая; дисциплинарная;административно – правовая. Невольно может возникнуть вопрос: неужели данное исследование о конфиденциальной информации, осуществляемое в рамках цивилистического подхода, может стать объектом и других отраслей права? В этом вопросе мы солидарны с нашим наставником О.Окюловым, который полагает, что «здесь нет ничего неестественного, так как, во - первых, к сожалению, любое цивилистическое исследование на сегодняшний день традиционно оканчивается наложением уголовно – правовой ответственности; во – вторых, объекты интеллектуальной собственности (мы полагаем, что конфиденциальная информация также к ним относится) до сих пор остаётся за рамками других правовых дисциплин, поэтому цивилистам приходится возлагать на себя эту обязанность; в – третьих, в центре внимания автора данного исследования, так или иначе, будет именно гражданско – правовая ответственность»1. Гражданско – правовая ответственность.
The article describes the shortcomings of
legal regulation of consumer protection in tourism and concludes the need for approval in the Republic of Uzbekistan model contract for travel services, which should be more clearly defined object of the tour operator and travel
agent commitments in tourist services, the vol-ume of their rights and responsibilities, and well differenti-ated civil liability tour operator and travel agent before the tourists at the conclusion, execution and termination of contracts.
The article analyzes a set of measures that must be used in the fight against corruption. The view is criticized that the most important thing in this work is to strengthen responsibility or reduce this work to criminal liability. The position is expressed according to which the most important direction in overcoming corruption should be the improvement of the quality of law-making and law enforcement practices, in particular, the formulation of clear and unambiguously understood legal norms, the reduction in the dispositiveness of empowering officials, and the inclusion of not only republican, but and local authorities, civil society institutions, the business community