Scientific research results in pandemic conditions (COVID-19)
189
9.Дразин Ф. Введение в теорию гидродинамической устойчивости.
М.:Физматлит, 2005. 88 с.
Baxodir Khamrokulov Independent researcher of UWED, PhD in law,
Tashkent, Uzbekistan
Compensation for moral damage caused by violation of the author's right
B. Khamrokulov
Abstract: Nowadays, there are many cases of using works protected by
copyright without obtaining the appropriate permission of the author or the
owner of such rights. The most common types of copyright infringement
include copying, distribution of the work, mass demonstration, mass
execution of works in concert halls, theatrical productions, translation of the
work into other languages, processing of the work (plagiarism), etc. As a
result of committing such an illegal act, not only material damage, but also
moral damage can be caused to the author of the work. In this article, the
issue of compensation for moral damage caused by violation of the rights of
the author has been studied.
Keywords: copyright law, intellectual property, moral damage, material
damage, mental calmness, anguish, feeling uncomfortable.
With the development of modern information and communication
technologies, the illegal users of literary works (literary-artistic, scientific,
educational, publicist and other works), dramatic and scenario works,
works of text and non-text music, musical-dramatic works, choreographic
works and pantomime, audiovisual works, painting, sculpture, graphics,
design works and other fine arts, works of landscape-applied and stage
decoration art, architecture, urban planning and garden-park development
works of art, photographic works and works created in similar ways to
photography are often encountered. As a result of this, personal non-
property and property rights of the author are violated.
We can say that our main laws aimed at protecting copyright are the
Civil Code of the Republic of Uzbekistan and the law of the Republic of
Uzbekistan "On copyright and related rights", the Criminal Code of the
Republic of Uzbekistan and other normative-legal acts. The result of the
reforms carried out in this area was the signing of the law of the Republic of
Uzbekistan "On the Accession of the Republic of Uzbekistan to the Treaty of
the World Intellectual Property Organization on Copyright (Geneva,
December 20, 1996)" on February 2, 2019.
Scientific research results in pandemic conditions (COVID-19)
190
According to Article 65 of the Law of the Republic of Uzbekistan "On
copyright and related rights", when the rights of the author are violated
against law they can be protected by methods that require the recognition
of rights, the restoration of the situation before the violation of the right and
the cessation of actions that violate the right or cause the danger of its
violation, the compensation of losses in the amount of income that could be
received by the author in the conditions of ordinary civic relations, and
compensation for moral damage. As can be seen from this article, the
methods of protection of copyright also include the compensation for moral
damage. In this case, the general provisions of Articles 11, 1021 - 1022 of the
Civil Code are applied.
According to Article 62 of the law of the Republic of Uzbekistan "On
copyright and related rights", the following cases are included as the
violation of copyright and related rights:
- violation of the personal non-property rights of authors;
- violation of the rights of the performer to the name and protection of
the performer from violation of the performance in any way or from
aggression in any other way;
- duplication, distribution or otherwise use of works or objects of
identical rights without the conclusion of an agreement with the right holder
or the organization managing property rights on a collective basis, except in
cases where such use, in accordance with this law, is permitted without the
conclusion of a contract;
- violation of payment requirements in cases provided for by this law;
- the use of works or objects of similar rights in the case of increasing
the rights received under the contract with the right holder or the
organization managing property rights on a collective basis;
- violation of the property rights of the owners in a different way.
As a result of violation of these listed rights of the author, not only
material damage, but also moral damage can be caused. The decision № 7 of
the Supreme Court Plenum of the Republic of Uzbekistan "On some issues of
the application of the laws on compensation for moral damage" dated April
28, 2000, gave an understanding of the moral and physical (discrimination,
physical pain, harm, inconvenience and other) suffering experienced by the
victim of moral damage as a result of the offending action (inaction)
committed against them. Moral and physical suffering manifests itself in the
form of physical pain, negative emotions, mental sensations of varying
degrees, depriving a person of mental well-being, mental imbalance.
The object of the action (inaction) is the personal non-property rights
of the author (the right to use on their own behalf, the legal protection of the
copyright and other non-property rights of the results of his activities
Scientific research results in pandemic conditions (COVID-19)
191
according to the law) and the property rights. The subject, whose right is
violated and who is the victim, is the person who owns the copyright.
As can be seen from the above, according to the general rule (Articles
11, 100, 1021-2022 of the Civil Code), in order for the victim to have the
right to compensate for moral damage, their personal non-property rights
or intangible benefits must be infringed or property rights violated. Since
the personal non-exclusive rights and other intangible benefits of the author
are inextricably linked to themselves, such rights cannot be a subject of
contract, except in cases provided for by law. In this regard, the obligation
to compensate moral damage mainly occurs in the absence of civil
contractual relations between the parties. At the same time, there are cases
when there is a right to compensation for moral damage even in the
presence of contractual relations (for example, if the publisher violates the
personal non-exclusive rights of the author during the execution of the
copyright agreement on printing (the right to the name or the inviolability
of the work, etc.)).
In order for the author to demand compensation for moral damage, the
existence of damage, the illegitimate act (inaction) of the perpetrator of the
damage, the fault of the perpetrator, and the casual link between the
illegitimate act and the caused damage shall be present. Illegal actions of the
offender can take place in different ways. For example, when disclosing
information that is prohibited by law (commercial, doctor, attorney-client
privilege, etc. secrets), disseminating information that does not correspond
to reality, undermining the reputation of workmanship, disseminating
correspondence without the permission of a citizen, etc.
In order to compensate for the moral damage caused by copyright
infringement, there must be a fault of the perpetrator. The form of the fault
does not matter in this case. At the same time, Article 1021 of the Civil Code
provides for cases of compensation for moral damage regardless of presence
of the fault. If the violation of the rights of the author is caused by the
dissemination of information that offends his or her honor, dignity and
workmanship, the moral damage caused to him/her will be compensated
regardless of presence of the fault. For example, if the inviolability of the
work is subjected to aggression, it also causes the honor and dignity
(reputation) of an author to reduce.
According to Article 1022 of the Civil Code, the moral damage caused to
the author is compensated in the form of monetary remedy. Moral damage
is compensated regardless of the property damage that must be paid.
The amount of moral damage caused will be determined by the court.
According to article 1022 of the Civil Code of the Republic of Uzbekistan and
the decision № 7 of the Supreme Court Plenum of the Republic of Uzbekistan
"On some issues of application of laws on compensation for moral damage"
Scientific research results in pandemic conditions (COVID-19)
192
dated April 28, 2000, following should be taken into account when
determining the amount of moral damage:
- the characteristic of the physical and moral suffering inflicted on the
victim;
- the degree of fault of the perpetrator and the victim in cases where the
fault is based on compensation;
- the demands of reasonableness and fairness;
- the subjective assessment given by the victim to the weight of the
moral damage caused to him/her;
- objective data indicating the degree of moral and physical suffering
inflicted on the plaintiff;
- the importance of the object of infringement for life, its benefits (life,
health, dignity, personal liberty, inviolability of housing, property of great
value, etc.);
- the severity and consequence of the offense (the murder of close
relatives, the infliction of bodily injuries that cause disability, the
deprivation of liberty, the deprivation of work or accommodation, etc.);
- the nature of the shameful misinformation and extent (scope) of its
distribution;
- living conditions of the victim, personal characteristics (service, family,
household, material side, state of health, age, etc.);
- material condition of the damaging person and other circumstances
requiring attention.
For example, when determining the amount of compensation for moral
damage caused by the dissemination of information that does not
correspond to the truth about the author in the media, the courts shall
determine the content and nature of the published information, the scope of
the dissemination of inaccurate information, the voluntary refusal of the
publisher (if there is such a document), the publisher's fault in the
dissemination of the information, etc.
The claim requirements are not applicable with regard to claims for
compensation for moral damage.
Moral damage to the author can be caused as a result of a violation of
their personal non-property rights by plagiarism, that is the publication of
someone else's work of science, References: or art on their own behalf, or by
mastering another's work by other methods. Plagiarism also manifests itself
in the distortion of facts in a work of an author without his/her consent, in
illegal use, publication or execution of an author's work, in non-indication of
the author's name or in an incorrect indication.
In the case of publication, public performance or otherwise use of the
work, any amendments to the work itself, its title and the indication of the
author's name and patronymic are allowed only with the author's consent.
Scientific research results in pandemic conditions (COVID-19)
193
Article 18 of the Law "On copyright and related rights" of the Republic
of Uzbekistan prohibits the publication of a work with decorations,
colloquial, conclusion, comments or any explanations without the consent
its author. The personal non-property rights of an author belong to him/her
regardless of his/her property rights, and are retained by him/her even in
the case of an entire transfer of these exclusive rights to the use of the work
to another person. As a result of a violation of these and other rights of the
author, the right to apply to the court with claim of compensation for moral
damage arises.
In practice, we can meet a lot of cases of copyright infringement these
days. Drastic measures should be taken to put a strict end to such trifles. It
can only be achieved by further strengthening the protection of copyright,
introducing appropriate amendments and additions to the current laws, in
particular the criminal and administrative responsibility codes, which
provide for serious liability for such acts. At the same time, in order to
achieve effective application of these laws in the courts, it is desirable to
adopt the decision of the Supreme Court Plenum of the Republic of
Uzbekistan laws in this regard.
Nilufar Tillayeva, EFL teacher
DEVELOPING CLT BASED LESSON PLANS
N. Tillayeva
Abstract: This papers discusses the importance of designing lesson
plans in order to create an effective learning and teaching atmosphere and
to achieve a desired outcomes which are required in National Standard for
teaching and learning foreign languages. The analyses of the results of EFL
teaching and learning in Uzbekistan within the last decade can point out
some problems in this sphere as the task achievement of the NS is not fully
responded.. The conducted research on the particular topic may suggest the
frame of lesson plan to analyse the quality of the lesson plan.
Literatuture review: C. Richards (2001) states that different types of the
students have different language needs. Ralston (2012) emphasized,
technology is influencing language teaching and learning process as a
medium of dayli life conversation.
I. The CEFR implementation in Education system in Uzbekistan
The curriculum designed in 2013 is based on National Education
Standard on Foreign languages. The content objectives of the curriculum are
to make learners be able to participate in job interviews, be aware of future
