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Vosid Usmanov, Independent researcher Military-Technical Institute of
National Guard of the Republic of Uzbekistan
CONCLUDING BUSINESS CONTRACTS VIA THE INTERNET
V. Usmanov
Abstract: In the article described concluding business contracts via the
internet by the sources of law and literatures.
Keywords: business, decree, action, strategy, law, contract.
The Decree of the President of the Republic of Uzbekistan dated
February 7, 2017 No PD-4947 “On Action Strategy for further development
of the Republic of Uzbekistan” [1] in order to further increase the
effectiveness of reforms in the country, the implementation of priorities for
liberalization of all spheres of life The development of the basics of e-
government, the improvement of the quality and efficiency of public services
play an important role in regulating the use of the Internet.
When talking about legal relationships on the Internet, this relationship
can point to users, providers, suppliers, and other participants in the
Internet. Legal relationships on the Internet are a special category of
relationships that primarily require civil law regulation, such as specifying
domain names as a tool used to identify and personalize an address on the
Internet, and are subject to separate civil law regulation [2].
The Internet affects not only private but also public interests. In
particular, the activities of government agencies related to the use of
information and communication technologies, the implementation of public
policy and the formation of public information resources, taxation,
electronic digital signature, etc. can be added.
It can be shown that the main difference between the relationships that
arise on the Internet from traditional relationships is that they arise on the
basis of a connection to the Internet in this virtual space. This situation does
not exclude the regulation of social relations in this area with different areas
of law and does not change its content and essence.
The regulation of relations on the Internet is regulated on the basis of
all available areas of law. At the same time, it should be borne in mind that
these areas are implementing certain new rules with the development of
information and communication technologies and their entry into social life.
For example, a new Chapter XX was added to the Criminal Code, which
established meAndijan State University named after Z.M.Boburres of
liability for offenses in this area. Electronic contracting, electronic
settlements, e-commerce, interactive government services, etc. including.
The following features of normative-legal documents related to the
relationship with the Internet can be specified:
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- No country in the world has codified legislation that covers all aspects
of the Internet. Existing regulations regulate specific aspects of network
availability;
- Norms related to the Internet are scattered in various laws. In
particular, it is possible to specify the norms related to intellectual property
rights;
- There is no system of international (interstate) regulation of Internet
relations.
There are different views on the essence of the Internet. The Internet
can be described as property. In this case, the Internet is an object of civil
law. The Internet can also be described as a social structure (where the
Internet is seen as the sum of its users). The Internet is seen as a collection
of information and social relations. In this case, too, the Internet is regulated
by civil law.
There are no marks belonging to a legal entity on the Internet. The
Internet does not have an organizational unit, it does not exist in any
country, it is not organized as an international organization. The property
independence of the Internet is also not overlooked. Its material and
information resources belong to different subjects on the basis of property
rights or exclusive rights. There is no possibility to have independent rights
and obligations on the Internet. Because behind every communication and
legal relationship on the Internet is a subject with a certain legal capacity.
There are two ways to sign a contract online:
Created through websites (contracting through an online store,
providing services via the Internet);
concluding an agreement by e-mail.
When concluding a contract via the Internet, the parties first face the
issue of adherence to the procedure for concluding a contract, as in a normal
contract, that is, the issue of offer and acceptance.
The European Union has an E-Commerce Directive (2000) and the
United Kingdom has an E-Commerce Regulation (2002). The Law of the
Republic of Uzbekistan "On electronic commerce" was adopted on May 22,
2015 in a new edition. Also, the Resolution of the Cabinet of Ministers of the
Republic of Uzbekistan dated June 2, 2016 No 185 "On meAndijan State
University named after Z.M.Boburres to further improve the
implementation of transactions in e-commerce" Rules for conducting e-
commerce the regulation on the order of storage of the available information
in messages is approved.
Resolution of the Cabinet of Ministers of the Republic of Uzbekistan
dated August 14, 2017 No 625 "On meAndijan State University named after
Z.M.Boburres to further develop national content in the global information
network" [3], according to which the development of national content in
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local social networks and foreign Internet information network to increase
the share of Uzbek messengers and social networks, expand their audience
by increasing their attractiveness, create a competitive environment in the
national segment of the Internet, attract foreign investment, sponsorship
and grants for the development of national content, as well as public-private
partnerships. special attention was paid to organizational issues.
In the case of foreign countries, including Article 26-1 of the Law of the
Russian Federation "On Consumer Protection" of February 7, 1992, before
concluding a contract, the seller must provide the Internet consumer with
detailed information about the product (posted on the website of the online
store): consumer characteristics of the goods; the order of payment for the
goods, the price and conditions of purchase of the goods; terms of delivery
of goods; place of origin of goods; location of the seller; full company name
of the manufacturer or seller; service life; shelf life and warranty; the period
for which the contract offer is valid, etc. This information may also be
published either in the form of an advertisement or as an Abstract to the
goods or as a public contract of public purchase and sale (public offer)
posted on the seller’s website.
Also, in accordance with the requirements of the legislation on
advertising, the advertising of goods in the remote type of sale must contain
the following information about the seller: name; location; including last
name, first name, patronymic, and the registration number of the record of
the state registration of an individual as an individual entrepreneur or the
establishment of a legal entity.
When placing an order in an online store, the buyer fills out an electronic
document form, which often contains the last name, first name, patronymic,
address, telephone number and other information included in the personal
information. The owner of the online store is the operator for processing
personal data. The operator is obliged to provide unlimited access to the
document defining its data processing policy or otherwise, as well as to
provide information on compliance with the requirements for the
protection of personal data (Article 18.1, Part 2 of the Personal Data Law) .
Although the Civil Code of the Russian Federation allows the signing of
contracts in electronic form, most accountants oppose it. At the same time,
the majority of companies that do not have the practice of concluding
electronic contracts are concerned about concluding such contracts. While
most contracts today can be made electronically, there is no reason to reject
such agreements that are simple and quick to conclude. Contracting in
electronic form, obtaining all the necessary documents via the Internet - is
considered by many to be a fantasy [4].
In the legislation of the Russian Federation, the electronic-digital form
of the document is equated to the written form in terms of legal
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consequences. Such a conclusion follows from the analysis of the provisions
of Article 158 of the Criminal Code of the Russian Federation, the contract
may be concluded in writing, including through the exchange of electronic
communication documents. In addition, in accordance with paragraph 1 of
Article 71 of the Code of Civil Procedure of the Russian Federation,
documents and materials in digital, graphic form, including facsimile,
electronic or other means of communication, etc., containing information
about the details relevant to the case as written evidence are other
documents that allow you to determine the reliability of the document with
the tool. For objective reasons, due to the use of electronic analogues of the
handwritten signature in the electronic document, the requisites, which are
realized in the electronic-digital form of the document, have their own
characteristics.
There are two types of foreign trade contracts concluded on the
Internet: 1. Contracts concluded as a means of communication via the
Internet, ie as faxes and the like; 2. Contracts concluded as a legal space on
the Internet.
The signing of such agreements on the Internet has a number of
peculiarities. First, in the maintenance of the universally accepted order
(offer-acceptance), the peculiarities of such an agreement are their
electronic form. Typically, an offer consists of a draft contract hosted on the
offerent Web server for public review. Acceptance is represented by the
inclusion in the draft contract of terms accepted by the offeror in the
wording of the acceptor, and by the presentation of information identifying
the acceptor.
The structure of business contracts on the Internet is transnational in
nature, which is why it belongs to the field of private international law. In
resolving disputes over the law applicable to the procedure for concluding a
contract, the concept of place is often used (place of conclusion of the
contract, location, residence). This notion poses challenges to online
contracts. In the material space, everything is simple - the offeror and the
acceptor meet in a certain place and, indicating this place, sign the contract
in the form of a single document or exchange documents consisting of the
offer and acceptance. Usually, if the contract form or the Web server where
the robot application is hosted does not belong to the offerent, then he does
not know in which state the contract is actually concluded.
Concluding business contracts via the Internet has its own
characteristics. An offer for the purchase of goods in an online store and the
text published on the Web page in the process of concluding a contract - an
offer to make an offer, and a completed and sent order form - an offer. If the
offer on the seller's website contains all the essential terms of the contract,
then only the acceptance is required to conclude the contract, this operation
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is carried out by the person who received the offer by clicking the consent
button and sending the acceptance. When the "Agree" button or a similar
button is pressed, the contract can be considered concluded.
Also, often online offers do not reflect all the important aspects of the
contract and only consist of an offer to make an offer to store customers. In
this case, the user fills in the document form, identifies the missing
conditions in it, and then sends it, usually by clicking the same "Rozi" button.
This completed form is an offer. In order for a contract to be considered
concluded, the user must obtain a confirmation (acceptance) of the seller's
consent to enter into a contract on these terms. In this case, the sign of the
contract can be considered as the receipt by the acceptor of a notice of
acceptance (for example, the message "your order has been accepted").
The person proposing to enter into a contract in electronic form will
send a fully completed contract file by e-mail (in PDF format or in the form
of an e-mail). If the contract is sent in the form of a file, it is not superfluous
to send a copy of the text (for practical purposes) in the div of the e-mail.
It should be clear from this letter that this is a signed offer, not an incentive
to discuss the terms. The letter specifies what the recipient must do in order
for the recipient's consent to take legal effect. The reply letter must, of
course, contain the full text of the contract (either in the div of the letter
or in the form of an attached file), as well as the text must contain the full
acceptance of the terms of the contract.
Based on the study of international experience in concluding and
formalizing business contracts via the Internet, the following proposals and
organizational recommendations for its improvement in order to fill the
gaps in national legislation can be made: Introduction of a new article in the
Law of the Republic of Uzbekistan "On Banks and Banking" on the conclusion
and legalization of business contracts via the Internet;
- Introduction of a new article in the Law of the Republic of Uzbekistan
"On the Central Bank" on the conclusion and legalization of business
contracts via the Internet;
- To supplement the Law of the Republic of Uzbekistan "On the legal
framework of business entities" [5], adopted on August 29, 1998, with the
norm governing the conclusion and execution of business contracts via the
Internet, It is worth noting that special attention should be paid to the issue
of identity documents.
In conclusion, it can be said that the conclusion and legalization of
economic contracts through the Internet will facilitate people and prevent
unnecessary hassle due to the current requirements.
References:
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1. Ўзбекистон Республикаси қонун ҳужжатлари тўплами, 2017 й., 6-
сон, 70-модда, 20-сон, 354-модда, 23-сон, 448-модда, 37-сон, 982-модда
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муносабатларнинг фуқаролик-ҳуқуқий тартибга солиниши: ю.ф.н. ...
дис. –Т., 2011.
3. Ўзбекистон Республикаси қонун ҳужжатлари тўплами, 2017 й.,
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23.11.2017 й., 09/17/925/0299-сон
4. http://advokaty.net.
5. Ўзбекистон Республикаси Олий Мажлисининг Ахборотномаси,
1998 й., 9-сон, 170-модда; Ўзбекистон Республикаси қонун ҳужжатлари
тўплами, 2007 й., 31-32-сон, 315-модда; 2011 й., 51-сон, 542-модда;
2014 й., 20-сон, 222-модда; 2015 й., 33-сон, 439-модда; 2017 й., 37-сон,
978-модда; Қонун ҳужжатлари маълумотлари миллий базаси,
30.01.2018 й., 03/18/463/0634-сон
Abror Shukurov, Master's student, Karshi Engineering and Economics
Institute
CLASSIFICATION OF OIL FIELD PRODUCTS IN THE REPUBLIC OF
UZBEKISTAN
A. Shukurov
Abstract: This article is about oil products of the Republic of Uzbekistan
and their classification.
Keywords: gas, oil, diesel, Uzbekistan, fuel, classification, sandstone,
limestone.
The main assets of oil companies are oil and gas reserves.These reserves
are hydrocarbons below the earth's crust, which have not yet been
produced, but are economically viable.Theoretically, reserves are of two
groups: proven and unproven reserves.Approved reserves are reserves that
will be recovered in the coming years under current economic and operating
conditions.Unapproved reserves are those that have not yet been proven to
be recoverable.The capital, Tashkent, is the largest city in Central Asia and
today Uzbekistan is rich in natural resources, including oil, gas, gold and
uranium.In 2010, Uzbekistan became the largest gas producer in Central
Asia, ranking 14th in the world.
Uzbekistan has five regions with oil and gas reserves - Ustyurt, Bukhara
- Khiva, Gissar, Surkhandarya and Fergana.There are currently 202
