Scientific research results in pandemic conditions (COVID-19)
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Community and the European Economic Community have emerged as a
single EU organization in their development process.
References:
1. Statute of the United Nations and the status of the International Court
of Justice.- Tashkent: UN Information Center in Uzbekistan, 2002.
2. Muminov A. International legal relations of Uzbekistan and UNESCO.
- Tashkent: Yangi avlod, 2003. -P.5-6.
3. Lukashuk I.I., Saidov A.X. Fundamentals of modern theory of
international law. –Tashkent: Adolat, 2006.- P.204.
4. Saidova L. Charter of the United Nations Charter on Education, Science
and Culture / UNESCO International Normative Documents / Editor-in-Chief
of the Uzbek edition. - T: Adolat, 2004.-P.17
5. Shibaeva E.A. Pomochny M. Legal questions of the structure and
activities of international organizations. –Moscow: Moscow State University
Publishing House, 1988.- P.20;Shibaeva E.A. The law of international
organizations. - Moscow International Relations, 1986.- P.26.
6. Usenko E.T. The Council for Mutual Economic Assistance - the subject
of international law / Soviet Yearbook of International Law, 1979.- M6
Science, 1980. P.20.
Sarvarbek Ismoilov, Teacher at the Department “Philosophy” of Andizhan
State University, Andizhan region, Republic of Uzbekistan
ANALYSIS OF SOME OF THE ISSUE OF EXPANDING THE SUBJECT OF A
LOAN AGREEMENT
S. Ismoilov
Abstract: The article analyzes the concept, value of the loan agreement
and issues related to its application. The article also considers the expansion
of the scope of the subject of the loan agreement and develops proposals to
improve the legislation on debt.
Keywords: Debt, contract, goods, money, securities, creditor, borrower,
interest, rights and obligations of the parties, financial market.
Given the current procedures and procedures for loan agreements, the
habits of business in the industry and the legislation aimed at regulating
lending in the banking and financial sector, the loan agreement has the
following legal characteristics: indicates: a unilateral or bilateral, real and
consensual contract, a contract concluded free of charge or for a fee. Such a
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description of the loan agreement is based on the terms of the agreement
and the requirements for lending and borrowing set out by mutual
agreement of the parties. In particular, if the parties to the loan agreement
specify the obligation of the lender to repay the loan amount in the future,
and agree to repay the loan amount with interest, the loan agreement of this
content is consensual, bilateral (reciprocal) and equal. Such a loan
agreement is a real, unilateral and free agreement, if it is executed by
concluding a loan agreement between citizens and the loan amount is repaid
without interest.
At the legislative level, the inclusion of securities and foreign currency
in the subject of the loan agreement also stems from the habits formed in
today's modern financial market and among citizens and entrepreneurs.
This is due to the fact that the courts do not address this issue in the context
of a large number of lawsuits related to the recovery of foreign currency
loans, ie the existence of a legal gap does not allow the courts to draw clear
conclusions. The solution to this problem is to introduce in the legislation
the rule that it is possible to lend in foreign currency. Borrowing securities
is also related to these aspects. After all, when a security is lent, it is
expedient for the borrower to improve its financial capacity by dividends
from it or by selling it, and then at the end of the agreed period, the borrower
who has improved his financial capacity to return this type of security. At
the same time, it would have a positive impact on the development of the
securities market in Uzbekistan.
At present, it is important to use the loan receipt in concluding a loan
agreement and defining the rights and obligations of the parties, to ensure
the interests of the parties to the agreement, to expand the opportunities for
business to apply the loan. It is important to use clearly targeted loans,
simplify the procedure for issuing loans by banks and microcredit
organizations.
In addition, in order to expand investment opportunities in the country
and increase investment attractiveness, it will be necessary to create certain
conditions for the use of loans from Islamic banks, to set requirements for
the use of interest-free loans among citizens. At the same time, it is
important to abolish the procedure for setting interest rates on borrowers
when they receive the loan amount for personal needs, to receive a share of
profits in the loan amount for business, and to repay the loan in the absence
of profit.
From time immemorial, relationships between people, such as
supporting each other, helping each other, caring for each other, have been
formed in the spirit of a certain morality and human kindness. There are
different manifestations and means of mutual care and closeness of people
to each other and support. One such tool is debt. In the explanatory
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dictionary of the Uzbek language, a loan is a word derived from the Arabic
language and is described as something given or received on the condition
of repayment after a certain period of time [6, p. 247].
Of course, debt today has not lost its caring, supportive and reciprocal
nature. However, the importance and necessity of debt is not determined by
these factors alone. In addition, debt is a means of raising funds for business
activities. For example, small businesses can start their own business by
borrowing from a bank.
The provisions of the Civil Code of the Republic of Uzbekistan on the
loan agreement are contained in Chapter 41. That is, the loan agreement is
between transportation and forwarding services and services provided by
the bank, which in essence is the basis for the recognition of the loan
agreement as a service agreement. However, if the definition of this contract
in FC is analyzed in more depth, the place of this contract in FC may be called
into question. In particular, according to the first part of Article 732 of the
Civil Code, under a loan agreement, one party (the lender) transfers to the
other party (the borrower) money or other items marked with type
characteristics, and the borrower to the lender at once or in part. undertakes
to return the same amount of money or items (loan amount) equal to the
type, quality and quantity of the borrowed items.
It turns out that the most important action in a loan agreement is when
one party (the lender) gives money or an object that meets certain
characteristics as the property of the other party (the borrower). Such a
movement, the device (construction) is similar to the structure of trade.
Because the first part of Article 386 of the Civil Code also defines the
construction, which represents the obligation of one party (seller) to
transfer the goods to the other party (buyer) as property.
Referring to the place of the loan agreement in the Civil Code, S.Yu.
Eshakulov states that the debt can not be included in the contract for the
transfer of property, because the loan agreement provides for the return of
money and property in the same amount and quality, “for the transfer of
property In contracts, the party who took possession of the goods pays a
fixed fee, and this process is carried out almost simultaneously, and the
money or property acquired in the loan agreement is returned after the
expiration of the term specified in the agreement” [8, - pp. 9-10].
In our opinion, a loan agreement, unlike a sale, does not, in essence,
provide for the exchange of goods for money, but for the return of the same
amount of money in exchange for the money transferred as property. In a
debt relationship, money acts not as a means of payment or exchange, but as
an object whose essence is preserved, whose quantity and value do not
change.
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It should be noted that the principle of nominalism applies here. That is,
factors such as the depreciation of money, the rate of inflation do not play a
role in the fulfillment of monetary obligations. Payment for the use of the
loan (ie repayment of the loan amount), in addition to payment to the lender,
must cover all costs associated with the lending of money or property by the
lender, with the borrower paying the interest specified in the contract or law
[1 , 6-7 p].
Debt, as a type of monetary obligation, transfers money to another
party, that is, it alienates the money it already has, but implies the return of
the same amount of money. In other words, with the entry into force and
execution of the loan agreement, the money given by the lender as property
returns to him again as property after a certain period of time. In this case,
the property cannot be transferred in exchange for the money lent or the
money lent in exchange for the property lent, otherwise such an exchange
becomes a purchase and sale relationship. This aspect of the debt, that is, the
return of the same amount of money after a certain period of time in
exchange for the money given as property, and the receipt of interest for it
when there is a mutual agreement, seems to express the elements of rent.
Commenting on this issue, E.A. Kolomiets states that the similarity of a
loan agreement with property lease and loan agreements, and the specifics
of the loan, make it possible to distinguish it from these agreements. If the
lender and the lessor lease the property, the lender transfers the property
to another contractor. The borrower and the lessee must return the item
themselves, and the borrower must return items of the same type and
quality [4, p. 4]. Therefore, if the subject of the loan and property lease are
non-consumable private items, the subject of the loan are consumable, type-
specific items [3, p. 89].
In addition to this opinion, it should be noted that even in a lease
relationship, the lessor is returned the property belonging to him. However,
unlike a loan, in a lease relationship, the property is not transferred to the
other party as property. Second, the same property that was leased to the
lessee must be returned. In the case of a loan, after the property has been
transferred to the borrower, the borrower can dispose of it as he wishes,
consume it, as long as he returns the property of the same type and quality
within a specified period.
The purpose of the loan agreement is to satisfy the need of the person
in need of money or certain property and to allow him to restore and
improve his property status. Commenting on this issue, A.I.Khabirov said
that the loan agreement is aimed at meeting the current needs of the
participants of the civil transaction, creating competition for banking
transactions (credit agreements). In banking (financial) transactions, the
legislature has established a system of protection of the rights of debtors -
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46
administrative and judicial. Because they are not able to acquire the relevant
object under the contract of sale, people have to help each other along with
professional participants in the financial markets [7, - p. 29].
According to N.V. Gritsay, the need to raise debt means that any
participant in a civil legal relationship - a commercial organization and
individual entrepreneurs - usually cannot afford to carry out their activities
without raising financial resources; individuals actively use consumer credit
and mutual borrowing; small businesses use the services of microfinance
institutions engaged in microcredit [6,3 p].
In our opinion, it is also important to ensure the rights of citizens and
small businesses that feel the need to borrow and try to restore their
financial situation through debt. But debt is a necessity and, needless to say,
an attitude that sometimes arises out of reluctance. Borrowing is also a
meAndijan State University named after Z.M.Boburre that imposes an
obligation on a person to take on an obligation and repay it within a specified
period. There are also no clear opinions among experts and scholars on the
legal features of a loan agreement. Many argue that this deal is strictly a real
deal. In particular, according to S.Yu. Eshankulov, since the loan agreement
is always a legal relationship arising from the actions of the lender, the
promise to repay the loan later (even in writing) can not be a legal fact and
has no legal consequences [8,p.8]. Of course, in this case, S. Yu. However, the
practical application of the loan agreement is based on the fact that
businesses engaged in direct lending (pawnshops, microcredit
organizations, banks) operate, and the legislation provides for a limited
amount of lending to small businesses and the poor. it would not be correct
to interpret the loan agreement only as a real and therefore unilateral
agreement. This is because in microcredit and microcredit, microcredit
organizations offer favorable and favorable conditions for small businesses,
and the amount and term of microcredit is also carried out through lending
techniques that are acceptable for businesses [5, - p. 19].
The terms of the loan agreement and the terms of the agreement show
that the practice of the loan agreement is much more advanced than the law.
This is due to the fact that the widespread use of foreign currency in mutual
debt relations, the practice of obtaining interest on loans, the activities of
microcredit organizations and pawnshops, and even the lending activities of
banks show that the FC rules are far behind. In particular, according to the
Law of the Republic of Uzbekistan “On Amendments and Addenda to the Law
of the Republic of Uzbekistan on Banks and Banking” No.580 of November
5, 2019, in accordance with paragraph 17 of Article 5, the law includes
financial transactions by banks lending in the forms provided for in the
documents. In addition, microcredit organizations have been operating in
the country since 2006. According to Article 5 of the Law of the Republic of
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Uzbekistan “On Microfinance” No.50 of September 15, 2006, microloans are
funds provided by banks and microcredit organizations to an individual
borrower in the amount of not more than 50 million soums .
The rules for the recognition of foreign currency and securities as the
subject of a loan agreement are set out in Article 807 of the Civil Code of the
Russian Federation, which is based on the real requirements of today’s
market and is widely used in practice. For example, in a microloan
agreement issued by banks, the bank undertakes to issue a microloan,
because the microloan agreement is not issued immediately upon the
client’s application to the bank, but is issued after a certain period of time
after the conclusion of the agreement. In addition, lending in foreign
currency is very popular among citizens today. In addition, for business
entities, the conclusion of a loan agreement and the expectation of its
implementation is a sign of the risks inherent in this business. However,
Article 732 of the current FC does not take into account any of these aspects.
Therefore, the adoption of this article in the proposed edition will have a
positive effect on solving the listed problems.
All of these factors listed above require an improvement in the concept
of a loan agreement and the practice of concluding it. Therefore, it is
necessary to change the rules provided for in Article 732 of the Civil Code in
relation to the loan agreement. In our opinion, it is expedient to define this
article in the following wording: Under a loan agreement, one party (the
lender) transfers to the other party (the borrower) money, other items or
securities marked with the characteristics of the type, and the borrower
owes the lender the same amount of money at once or in installments. (loan
amount), is obliged to return the goods or such securities equal to the type,
quality and quantity of the borrowed items.
If a citizen participates in the loan agreement as a lender, the agreement
is considered concluded from the moment of delivery of money or things to
the borrower or the person specified by him. Foreign currency and currency
values in the territory of the Republic of Uzbekistan may be the subject of a
loan agreement in compliance with the provisions of Articles 94, 95 and 245
of this Code. If the loan agreement provides for the obligation of the lender
to lend, he has the right to refuse to perform the agreement in whole or in
part in the presence of circumstances in which it is clear that the loan will
not be repaid on time.
At any time before the date of borrowing, if the borrower undertakes to
deliver the loan under the loan agreement, if the law, other legislation or the
person carrying out business activities, the borrower is otherwise has the
right to refuse to borrow in whole or in part by notifying the lender, unless
otherwise provided,
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48
A loan agreement can be entered into through the placement of bonds.
If the loan agreement is concluded by placing bonds, the bond or the
document defining the rights to the bond shall specify the right of the
bondholder to receive the nominal value of the bond or other property
equivalent from the person who issued the bond within the period specified
therein.
The amount of the loan transferred to a third party specified by the
borrower or any other part of the loan agreement shall be deemed to have
been transferred to the borrower. The borrower is a legal entity that, if it is
authorized by law to attract citizens’ funds, has the right to attract citizens’
funds for interest by offering a public offer or an offer aimed at certain
individuals.The specifics of interest-bearing lending to a borrower - a citizen
for purposes not related to the implementation of business activities shall
be determined by law.
One of the peculiarities of a loan agreement is that it expresses the basic
basis of monetary obligations in civil law. That is, the rule that a person must
return to the creditor the same amount of money as if he had fulfilled his
obligation to return the money. The construction of a loan agreement means
that the person who receives the money must repay that amount. In today's
conditions of modern economic relations, the essence of debt is changing
radically, the number of objects within its scope is growing, the scope of
application of the loan agreement is expanding.
References:
1.
Abdullaev M.K. Loan agreement in Russian civil law: theory and
practice of legal regulation: Dissertation abstract for the degree of candidate
of legal sciences. - Rostov-on-Don: 2006. - p. 6-7.
2.
Gritsay N.V. Loan obligations in civil law: Dissertation abstract for the
degree of candidate of legal sciences.- M: 2010. – p.3.
3.
Zinkovsky M.A. The constitutional basis of money circulation in the
Russian Federation // The power of law. - 2014. - No. 1. - p. 89.
4.
Kolomiets EA Features of the loan obligation in the system of financial
obligations // Scientific journal KubGAU. 2015. - No. 105 (01). - 4 p.
5.
Madumarov T.T. Civil law regulation of microcredit organizations:
Dissertation abstract for the degree of Doctor of Sciences in Law.- Tashkent,
2019. - p.19 p.
6.
Annotated dictionary of the Uzbek language / edited by A.Madvaliev.
- Tashkent: State Publishing House of the National Encyclopedia of
Uzbekistan. 2008. - 247 p.
7.
Khabirov A.I. Civil-law protection of the rights of the parties under a
loan agreement under Russian law: Dissertation abstract for the degree of
candidate of legal sciences. -Kazan, 2018. -29 p.
Scientific research results in pandemic conditions (COVID-19)
49
8.
Eshonkulov S.Yu. Civil law problems of the loan agreement in the
conditions of market relations: Dissertation abstract for the degree of
candidate of legal sciences. – Тashkent, 2012. – p. 9-10.
Khurshid Khodjamberdiev, Senior teacher at the department “Theory of
civil society” of Andizhan State University, Andizhan, Uzbekistan
FROM THE HISTORY “RECONSTRUCTION” POLICY AND ITS PECULIARITIES
IN UZBEKISTAN
K. Khodjamberdiev
Abstract: This article illuminated that the early 1980s, the social and
political development of the Soviet Union began to show signs of decline.
Therefore, a period of rapid decline in economic and social life began and
also extensive development of the economy has resulted in more costs, and
this has already begun to manifest itself in the political and social spheres
were opened by the helping scientific literatures and archive documents as
well.
Keywords: policy, Uzbekistan, culture, ecology, education, industry,
reconstruction, import, export.
INTRODUCTION
By the early 1980s, the social and political development of the Soviet
Union began to show signs of decline. A period of rapid decline in economic
and social life began. Extensive development of the economy has caused
more costs, and this has already begun to manifest itself in political and
social spheres.
Since Uzbekistan was a part of the USSR during the reconstruction
period, there were realities inherent in the socio-political situation in other
Soviet republics. By the mid-1980s, all the ministries and departments of
culture, health, education, social services and all the plants and factories in
Uzbekistan were headed by the Union Ministries. The Communist Party of
Uzbekistan, the main political institution that governs the state of
Uzbekistan, was a political organization within the regional jurisdiction of
the RSFSR. Decisions of the Central Committee of the Central Committee of
the Communist Party of Uzbekistan were considered in the plenum of the
Central Committee of the Communist Party of Uzbekistan, and its decisions
were considered in the plenums of regional, district and city party
organizations. Political, economic, social and other spheres were directly
headed by district and city party organizations. The prospective
