Vol. 6 No. 01 (2024): Volume 06 Issue 01
Articles
ISSUES OF DIRECT EFFECT OF THE CONSTITUTION IN THE REPUBLIC OF UZBEKISTAN ON THE EXAMPLE OF THE EXPERIENCE OF ADVANCED COUNTRIES (USA, ITALY AND FRANCE)
The subject of this article is the analysis of the theory of direct action, the study of the experience of foreign countries, the study of the principles and practice of direct action of the Constitution in Uzbekistan, as well as their impact on the legal system and society.
The purpose of this exploring is a comprehensive analysis of the principles of direct application of the Constitution in Uzbekistan, including historical development, judicial practice, and comparative analysis with other jurisdictions.
Research methods: analysis of the theory of direct effect to explore the development of constitutional law in Uzbekistan, comparative legal method to analyze similarities and differences with other countries, cases for detailed analysis of specific court cases.
Research results: based on the analysis, problems were identified in defining the theory of direct action and ineffective law enforcement.
Scientific novelty:
The study will provide a unique analysis of modern constitutional practice in Uzbekistan, especially in the context of the direct effect of the Constitution, and its comparison with international practices.
Practical significance:
The results may be useful for lawyers, legislators and researchers in the field of constitutional law, as well as contribute to improving law enforcement and legislative development in Uzbekistan conclusions
At the end of the article, the main conclusions will be presented, emphasizing the importance of the direct effect of the Constitution in the legal system of Uzbekistan and proposals for further strengthening of constitutional principles..
BEYOND BORDERS: UNDERSTANDING THE EFFECTS OF INTERNAL DISPLACEMENT ON WOMEN'S REPRODUCTIVE HEALTH IN NIGERIA
This comprehensive study, titled "Beyond Borders: Understanding the Effects of Internal Displacement on Women's Reproductive Health in Nigeria," delves into the multifaceted impact of internal displacement on the reproductive health of women within the Nigerian context. Utilizing a multidisciplinary approach, the research investigates the intersection of displacement, healthcare access, and reproductive well-being. Through a synthesis of qualitative and quantitative data, the study aims to provide valuable insights for policymakers, healthcare practitioners, and humanitarian organizations striving to address the unique challenges faced by internally displaced women.
PANAI PRACTICES: UNRAVELING SOCIETAL DYNAMICS IN MARRIAGE REQUIREMENTS FOR THE MIGRANT BUGIS TRIBE UNDER ADAT LAW
This study delves into the intricate societal dynamics surrounding the practice of Panai as the marriage requirement for the migrant Bugis Tribe under Adat Law. Panai, a traditional ceremony in Bugis culture, plays a pivotal role in marriage arrangements. Through a multidisciplinary approach, encompassing anthropological, legal, and cultural perspectives, the research seeks to unravel the implications and intricacies of Panai practices. Interviews, case studies, and historical analyses contribute to an in-depth exploration of how Panai influences marital unions within the Bugis Tribe, shedding light on the cultural and legal nuances that shape this traditional marriage requirement.
BREAKING BARRIERS: WOMEN'S POLITICAL EMPOWERMENT IN SOUTHWEST NIGERIA'S LEGISLATIVE LANDSCAPE
This study delves into the dynamic landscape of women's political participation and representation in the legislatures of Southwest Nigeria. Recognizing the importance of fostering gender inclusivity in democratic processes, the research investigates the barriers that hinder women's active involvement in politics and explores strategies to enhance their empowerment. Through a combination of qualitative and quantitative methods, including interviews, surveys, and data analysis, the study provides insights into the current status of women's political engagement, highlights successful interventions, and proposes recommendations for breaking barriers and advancing women's political empowerment in the Southwest Nigerian context.
ROLE AND IMPORTANCE OF TAX CONSULTING IN ALTERNATIVE RESOLUTION OF TAX DISPUTES
The author of this article describes the theoretical and practical aspects of legal mechanisms for alternative dispute resolution. In this scientific work was carried out a systematic analysis of the norms of alternative resolution of tax disputes established by the Tax Code and other regulatory legal acts of the Republic of Uzbekistan, was conducted a comparative study of foreign experience in this area, were analyzed existing problems, were developed recommendations for their solution and were given proposals for improving legislation in the analyzed area. At the same time, has been analyzed the works, that carried out in our country on the alternative resolution of tax disputes, as well as on the prevention, identification and elimination of possible disputes in the tax area. Separately noted, that today the sphere of tax consulting in the country is being formed systematically and in stages. Also, author of this article analyzed the large-scale systematic work carried out to create a fair, transparent tax system for taxpayers and bring the system of alternative dispute resolution in line with international standards, as well as to strengthen the protection of the rights and legitimate interests of taxpayers.
CHARACTERISTICS OF POLITICAL MENTALITY OF ETHNIC UZBEKS
The article highlights the characteristics of the political mentality of the ethnic Uzbeks, who make up the majority of the population of the Central Asian region, in traditional and globalization conditions.
DUAL ALLEGIANCES: A CONTEXTUAL ANALYSIS OF POLITICAL RIGHTS FOR INDONESIAN CITIZENS WITH DUAL CITIZENSHIP
This study presents a contextual analysis of the political rights of Indonesian citizens holding dual citizenship. As the global landscape witnesses an increase in individuals with dual allegiances, understanding the implications for political participation and rights becomes paramount. The research examines the legal frameworks, social dynamics, and political implications surrounding the dual citizenship status of Indonesian citizens. By exploring the context in which dual citizenship operates, this study contributes nuanced insights into the political rights, responsibilities, and challenges faced by these individuals. The findings shed light on the intersections of citizenship and political engagement in the Indonesian context.
EVIDENCE AND EVIDENCE BASE IN CASES OF COMPENSATION FOR MORAL DAMAGE
The article deals with the problems associated with determining the amount of payment of moral damages, its solution, analysis of the opinions expressed by legal scholars, and the legislative experience of foreign countries. The article also analyzes the criteria for compensation for non-pecuniary damage.
SCIENTIFIC AND THEORETICAL BASIS OF THE OBJECT OF THE PROSECUTOR'S CONTROL OVER THE ENFORCEMENT OF FOOD SAFETY LEGISLATION
This article explores the enhancement of scientific and theoretical underpinnings of prosecutorial control in enforcing food safety legislation, analyzes legal scholars' viewpoints, and considers the legislative experiences of foreign countries. The analysis culminates in substantiated proposals for refining the scientific and theoretical framework of prosecutorial control in the realm of food safety legislation implementation.
DIGITALIZATION OF CRIMINAL PROCEEDINGS: REALITY AND FUTURE
The article analyzes the current state of the issue of introducing artificial intelligence into criminal proceedings, its legal codification in the European Ethics Charter (CEPEJ) and the Ethics Guidelines for Trustworthy Artificial Intelligence. The author examines the issues of using algorithms in criminal proceedings in some foreign countries. The work substantiates the thesis that the inevitable digitalization of the criminal process should help assist the judge in organizational and legal activities, ensure openness, transparency of justice, guarantee the rights and interests of citizens, rights to defense, simplify paperwork and speed up trials. It is impossible to replace a judge with artificial intelligence, since sentencing is related to the moral values, professional and everyday experience of the judge, which cannot be provided by an automated system.
DIRECTION FOR IMPROVING THE ORGANIZATIONAL AND INSTITUTIONAL FRAMEWORK OF PUBLIC-PRIVATE PARTNERSHIP
The introduction of modern mechanisms of public-private partnership in our country on the basis of mutually beneficial cooperation is one of the important priorities in the Action Strategy for the development of the Republic of Uzbekistan.
Despite the existence of a clear and well-developed strategy for the development of the country, there are insufficient organizational and legal mechanisms for the implementation of the tasks set by some executive authorities, duplication of tasks and excessive state regulation has a negative impact on the effectiveness of ongoing reforms.
ISSUES OF CONSTITUTIONAL AND LEGAL REGULATION OF ECOLOGICAL AUDIT: NATIONAL AND FOREIGN EXPERIENCE
In this article, the importance of legal provision of environmental audit in the Republic of Uzbekistan at the present time, the issues of legal regulation of environmental audit, the difference between the concepts of audit and environmental audit, the opinions expressed by scientists on this issue, the experiences of national and foreign countries in the legal regulation of environmental audit, as well as this Proposals regarding the issue are presented.
FINANCIAL CONTROL AS A NECESSARY ELEMENT OF THE MECHANISM FOR ENSURING THE ECONOMIC SECURITY OF THE STATE
In this article, the author examines some aspects of the fight against economic crimes and their prevention committed by economic entities.Some aspects of national legislative activity in this area are considered. And also, on the basis of scientific research by foreign authors, scientific and practical approaches to countering crimes in the financial sphere are being investigated. Based on the analysis, the authors consider questions on some amendments to legislative acts. Thus, in the sphere of public financial management, a special area of relations between the state and a person outside the management system authors consider that relations should be relevant to the constitutional right of citizens to receive information from relevant structures affecting their rights and legitimate interests, information that is in the possession of various state bodies and organizations. Currently, there is an urgent need to legislate the obligation to publish open information by state bodies, the procedure and procedures for providing such information at the request of citizens and organizations.
FEATURES OF CRIMINAL LIABILITY FOR FORCED ILLEGAL DEPRISONMENT OF LIBERTY
In the article, the author, from a scientific and theoretical perspective, examines the features of criminal liability for violent unlawful deprivation of liberty. In particular, the composition of this crime was studied, its objective and subjective characteristics were examined, the results of scientific research carried out in this area, the views and approaches of scientists and researchers regarding the delimitation of the crime of forcible illegal imprisonment from some similar crimes were analyzed. Based on the results of the study, relevant scientific and theoretical conclusions are presented.
PENALTIES NOT RELATED TO IMPRISONMENT IN THE CRIMINAL LEGISLATION OF UZBEKISTAN: CONCEPT, SYSTEM, SPECIFIC ASPECTS
In this article, the author covered the concept, system, specific aspects general of penalties not related to imprisonment according to the criminal legislation of Uzbekistan. The author notes that the system of non-parole-related penalties continues to develop all over the world at the present time. Among them, fines, public works (including correctional work) are especially widely used. It should be noted that the task of developing a system of punishments in which criminal law is not associated with deprivation of Liberty is of urgent importance for Uzbekistan, which is constantly reforming the judicial system. As the main directions of the criminal justice policy implemented in Uzbekistan, the revision of types of crimes according to the level of social danger, the transfer of many serious or extreme crimes established in the criminal law into a category of crimes of greater social risk and less severe severity, the relaxation of the conditions for applying criminal liability measures to persons who first committed, it can be seen in expanding the scope and capabilities of the basis for the application of types of punishment that are not related to the separation of the convicted from society, in improving the procedure for the enforcement of these criminal justice measures.
CONSTITUTIONAL AND LEGAL BASES OF CITIZENSHIP OF THE REPUBLIC OF UZBEKISTAN
The article examines the constitutional and legal foundations of citizenship in the Republic of Uzbekistan, analyzes the norms of the Constitution of the Republic of Uzbekistan on citizenship, the relationship between a citizen and the state, the concept of citizenship, the theory and content of the institution of citizenship at the present stage.
ISSUES OF THE TEMPORAL OPERATION OF THE CRIMINAL LAW IN CASES OF CHANGES IN THE BASIC CALCULATION QUANTITY
This article examines problematic situations in the Criminal Code concerning the temporal (retroactive) operation of blank norms, that is, criminal law norms referring to other normative legal acts. The author notes that a change in the normative legal act determining the size of the basic calculation quantity does not entail retroactive operation of the criminal law. Moreover, it is noted that it is advisable to reflect in the Criminal Code the norm on the application of provisions on the retroactive operation of the criminal law, even in cases where a change or repeal of another normative legal act without changing the criminal law affects the content of the elements of the crime.
THE IMPACT OF PROFESSIONAL AND PSYCHOLOGICAL QUALITIES ON THE PROCEDURE OF CONDUCTING A PHASED TESTIMONY OF CRIMINAL PROCEEDINGS’ PARTICIPANTS
This article discusses procedural and tactical foundations of testimony of participants in criminal trials according to the legislation of the Republic of Uzbekistan. In particular, the article debates on the following issues: the purpose and grounds for attracting an individual to participate in criminal trials; specifics of using techniques during testimony; influence of professional and psychological qualities of a judge in soliciting a testimony; and finally, requirements for processing the results of a testimony.
DRIVERS AND BARRIERS OF CROSS-BORDER DIGITAL INVESTMENTS
Modern international competition has an ambiguous impact on the processes of digital transformation, both from the perspective of mastering new digital technologies and in the context of further stimulation of innovation by countries around the world. The article evaluates the prospects for effective management of the changes that arise under the influence of new drivers of the digital transformation of the world economy. The potential and advantages of new digital technologies create new opportunities for achieving the goals of sustainable socio-economic development of the countries of the world and their economic growth. However, for digital transformation, technologies for ensuring, maintaining and increasing the international competitiveness of national economies are of decisive importance.
LEGAL ISSUES OF DIGITIZATION IN ENVIRONMENTAL LAW
Environmental law is a very broad field. Therefore, we study it as a complex legal system. Today, the dynamics of digitization processes also affect environmental law. This article is devoted to the issue of legal regulation of problems arising in these relations. No research has been conducted on cyber security issues in environmental legislation in Uzbekistan. The article contains a number of analyzes and suggestions. In our opinion, this article is the first stage of research on this topic.
SOME ASPECTS OF APPLYING THE BASIC PRINCIPLES OF ADMINISTRATIVE PROCEDURES IN UZBEKISTAN
This article conducts a systematic analysis of efforts undertaken to ensure transparency and openness in the operations of executive bodies, a consequence of recent administrative reforms within our nation. The objective is to introduce contemporary methods of information dissemination to both individuals and legal entities, ultimately mitigating excessive administrative costs associated with societal and business interactions. Consequently, the study underscores the critical significance of comprehending the foundational principles articulated in the “On Administrative Procedures” legislation. These principles, enshrined in the aforementioned law, serve as the bedrock for the establishment of fundamental rules governing administrative procedures, thereby emphasizing the imperative of their direct application.
NEW REALITY IN AFGHANISTAN: INDIAN APPROACH
This article analyzes the new reality that has emerged in Afghanistan, including the Taliban regime, and India's approach to it. The article also explores the significant choices facing New Delhi.
PROSECUTOR'S PROPOSAL AS A FORM OF RESPONSE TO A VIOLATION OF LAW
The article, within the framework of the application of law in a modern rule-of-law state, reveals the activities of the prosecutor aimed at making a special, individual decision – a proposal on a violation of the law. In particular, as an act of the prosecutor’s legal response to violations of the law, problems arising during the submission of a representation, its consideration, as well as when taking practical measures to eliminate the causes and conditions that contributed to violations of the law are analyzed.