The USA Journals Volume 03 Issue 07-2021
57
The American Journal of Political Science Law and Criminology
(ISSN
–
2693-0803)
Published:
July 30, 2021 |
Pages:
57-62
Doi:
https://doi.org/10.37547/tajpslc/Volume03Issue07-09
I
MPACT
F
ACTOR
2021:
5.
952
‘
ABSTRACT
This article studies principles of public-private partnership, their current appearance and importance
as well as regulatory features in the form legal act in foreign experience. Conclusions and
recommendations on the regulation of digital medicine are given.
KEYWORDS
Public private partnership, the term of public-private partnership, entrepreneurship, relationships of
public private partnership, features of public-private partnership.
INTRODUCTION
The introduction of market relations in our
country, the widespread application of its laws
in society has laid the foundation for the
development of the economy of our republic.
Entrepreneurs who carry out business
activities as a driving force of the economy play
an important role in this. The legal regulation of
their activities, the basics of doing business are
defined in the same way for all individuals,
including foreign businessmen.The role of the
principles of law in the regulation of public-
private partnerships [1], the development of
this area requires strict adherence to the
legislation by the legislature and the rule of
law, applying the principles. The principles of
law, without exaggeration, constitute the
backbone of its essential core, the essential
aspect of its essence.
The principles of law emerge as the guiding
idea, the starting rule, the main criteria of the
process of formation, development and
movement of law.
Principles In Public-Private Partnership And Their Application
Jaloliddin Tuychiyevich Askarov
Lecturer And Independent Researcher At Tashkent State University Of Law, Uzbekistan
Journal
Website:
https://theamericanjou
rnals.com/index.php/ta
jpslc
Copyright:
Original
content from this work
may be used under the
terms of the creative
commons
attributes
4.0 licence.
The USA Journals Volume 03 Issue 07-2021
58
The American Journal of Political Science Law and Criminology
(ISSN
–
2693-0803)
Published:
July 30, 2021 |
Pages:
57-62
Doi:
https://doi.org/10.37547/tajpslc/Volume03Issue07-09
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2021:
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First of all, the principles of law, which are
reflected in the law, legal norms, are fully
absorbed into the entire political and legal life
of society, the social system of the country.
They describe not only the essence of the law,
but also its content, reflecting not only its
internal structure, its current state, but also the
process of law enforcement, the dynamics of
legal activity [2].
The principles of law are a kind of basic
structure (construction) on which not only
legal norms, institutions or branches, but the
whole legal system is based. These guiding
principles serve as a guiding force for all law-
making,
law
enforcement
and
law
enforcement
activities
of
government
agencies. Adherence to them has a direct
impact on the coherence, stability and
efficiency of the legal system. Because the
principles of law are universal, they help to
ensure
internal
unity,
harmony,
and
interconnectedness
between
different
branches and institutions of law, norms, and
legal relationships.
In public-private partnership relations [3], the
exercise of their rights and obligations by the
subjects may be carried out using general legal
principles as well as special principles.
First of all, it is possible to consider the
principles of public-private partnership [4] by
applying the principles of common law, and
thus to explain the principles of partnership.
The main meaning of the principle of legality is
that the activity of the legislature - both the
parliament and other law-making bodies must
be carried out strictly in accordance with the
law. The judicial process and the activities of all
government agencies and officials involved in
the implementation of the law must be in full
compliance with the law. In this activity, the
principle of legality is reflected in the behavior
of all officials, officials and citizens in
obedience to the law, in strict compliance with
its requirements.
In this case, we will focus on the specific
principles aimed at regulating the public-
private partnership, first of all, it is necessary to
take into account the interests of the economic
sphere and their regulation in a certain way, in
addition to the fact that these principles
belong to the special legal field.
The citation of principles in public-private
partnerships is given in various forms in the
literature.
V.G. Varnavskiy, A.V. Klimenko, V.A. Korolev
also set out the principles of public-private
partnership [5], which are:
1)
The principle of equality of interests of the
parties and freedom of choice;
2)
The stability of the PPP contract and the
ability to change and adapt it at the same
time;
3)
Responsibility for compliance with the
terms of the contract;
4)
Competition;
5)
Transparency and feedback;
6)
Do not interfere;
7)
Incentives and guarantees
8)
Equality
in
relations
with
foreign
enterprises forms.
The first special principle is the principle of
equality of interests of the parties and freedom
of choice. This principle is in a market economy
public-private partnerships are viewed from
different perspectives. This basic principle of
the market economy is based on several
The USA Journals Volume 03 Issue 07-2021
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The American Journal of Political Science Law and Criminology
(ISSN
–
2693-0803)
Published:
July 30, 2021 |
Pages:
57-62
Doi:
https://doi.org/10.37547/tajpslc/Volume03Issue07-09
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2021:
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aspects, namely, the choice of forms and
methods to achieve equality of all economic
institutions, secondly, the equality of all private
companies
in
concluding
public-private
partnership agreements; reflects the freedom
of choice. Although the definition of this
principle of equality is applied in different areas
of law, its essence is not lost, because in the
opinion of H.Rakhmonkulov [6] means
participation in equal legal relations.
In this regard, the principles of public-private
partnership were replaced by
N.A. Ignatyuk [7] who said: possible. In
addition, this activity should not be focused on
sponsorship, charity and philanthropy.”
It should be understood from the above
statement that the relationship between the
state and business entities is firstly focused on
social benefits and secondly they should not be
focused on sponsorship or charity during their
cooperation and is reflected in the principles.
The next principle is the stability of the PPP
agreement and the ability to change and adapt
it at the same time, while the implementation
of the agreement is a complex document,
which is usually intended for a long time. is very
important.
Therefore, the process of concluding a
contract can take a long time, that is, the
normative regulation of this principle and its
reflection in the legislation is reflected in our
national legislation, the Civil Code. In this case,
the rights and obligations of the parties are
based on the rules of state support, setting the
minimum rate of mutual payments in a private
partnership, as well as the content of the
contract and its terms.
In addition, the issue of liability in the relations
of a public-private partnership is carried out in
connection with the contract concluded
between the parties and its main terms. Also,
as a private company-partner, it is necessary to
provide services to economic agents in
accordance with the terms of the contract with
the state. The presence of liability in the
principle should be approached only when
taking responsibility arising from the contract
between the private enterprise and the state,
where it arises from the fact that when carrying
out a particular project or program, both
unilateral or bilateral obligations under the
contract for the same project are not met or
are not met at all.
As for the principle of competition [8] in public-
private partnerships, this principle is also
reflected in the legal relations of competition
and business relations, and the relations of
entities have a place in our national legislation,
because if we pay attention to the definition of
competition, then their independent actions
exclude or limit the possibility of each of them
to unilaterally influence the general conditions
of commodity circulation in the commodity or
financial market”.
In
accordance
with
the
principle
of
transparency
and
feedback,
the
implementation of public-private partnerships
means that the implementation of works,
services and projects should be presented to
the public, as well as public organizations,
citizens should be aware of such actions. The
basis of this principle is also set out in our Basic
Encyclopedia, which guarantees that everyone
has access to information and is free to seek it.
In this regard, the legislation of the Russian
Federation stipulates the principle of public-
The USA Journals Volume 03 Issue 07-2021
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The American Journal of Political Science Law and Criminology
(ISSN
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2693-0803)
Published:
July 30, 2021 |
Pages:
57-62
Doi:
https://doi.org/10.37547/tajpslc/Volume03Issue07-09
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2021:
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private
partnership,
openness
and
transparency in access to information in
municipal-private
partnership
relations,
provide that the use of information does not
affect the use of trade secrets or other secrets
and its liability.
In addition, the principle of clarity and
transparency in the process of tendering and
concluding
contracts
in
public-private
partnerships is emphasized the requirements
and conditions require transparency and
clarity.
In the implementation of the principle of
transparency, both the basic and additional,
that is, the information that can be collected
and provided, and the exercise of such right
not only to the subjects of state control, but
also to any other existing subjects should be
open and transparent.
Therefore, the principle of transparency
applies to public-private partnerships:
First, public and private entities are free, they
have the right to receive certain types of
information
necessary
to
initiate
and
implement cooperation;
Second, information owners will be able to
provide or disclose them to the media (other
than confidential and legally protected trade
secrets);
Third,
government
officials
[9],
non-
governmental non-profit organizations, and
citizens should ensure that they have access to
or allow access to information of interest
(other than confidential and legally protected
trade secrets);
Fourth, control over the information and
results of projects and government programs
implemented by the state in the framework of
public-private partnership;
Fifth, the implementation of state control over
the effective use of property provided for the
implementation of projects or programs under
public-private partnership;
Sixth, oversees the use of funds (budget and
extra-budget funds) for the implementation of
projects or programs under public-private
partnerships.
It is also important that the principle of non-
interference in public-private partnerships
defines the boundaries of the relationship
between a private enterprise and the state.
decision-making in personnel and other field-
oriented activities means not interfering in
influencing production.
It also allows the principle of non-interference
to prevent unjustified government inspections
of a private enterprise or a party that is a
subject of a public-private partnership and
excessive interference in its activities.
Also, when studying the principles of public-
private partnership in the framework of
business law [10], it can be seen that they are
similar to the principles in this area, because
the principles of this area are based on
economic benefits and guarantees, ie the
principle of protection of economic interests
The economic interests of a business entity
that produces, performs or provides services
are protected by the relevant authorities in the
manner prescribed by law.
The USA Journals Volume 03 Issue 07-2021
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The American Journal of Political Science Law and Criminology
(ISSN
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2693-0803)
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July 30, 2021 |
Pages:
57-62
Doi:
https://doi.org/10.37547/tajpslc/Volume03Issue07-09
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CONCLUSION
The principle of state influence on the basis of
economic relations in partnership relations is
explained by the fact that the economic
method
of
influencing
the
economic
development of the country through the
command, ie the interests of the labor
community, the individual in the production of
goods, works and services, expanding its range
and improving quality. The above-mentioned
principles emphasize the relationship between
the state and business entities on the basis of a
partnership agreement, how it is organized
and implemented, and we believe that these
principles do not fully disclose this relationship.
The main reason for this is that the public-
private partnership is not only a legal
relationship agreements in the socio-economic
sphere may be concluded and projects and
programs that may affect the life of the society
may be implemented. In addition, the above
principles apply and apply the principles
inherent
in civil,
financial, legal and
administrative relations, in addition to the field
of business law.
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The USA Journals Volume 03 Issue 07-2021
62
The American Journal of Political Science Law and Criminology
(ISSN
–
2693-0803)
Published:
July 30, 2021 |
Pages:
57-62
Doi:
https://doi.org/10.37547/tajpslc/Volume03Issue07-09
I
MPACT
F
ACTOR
2021:
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ПРЕДПРИНИМАТЕЛЬСТВА В СФЕРЕ
ОКАЗАНИЯ МЕДИЦИНСКИХ УСЛУГ В
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