Vol. 4 No. 04 (2022)

Vol. 4 No. 04 (2022)
Published: 01-04-2022

Articles

18-25 193 34

The preliminary hearing – the central stage of the court proceedings

Surayyo Rakhmonova
The article examines the theoretical and practical aspects of the institute of preliminary hearing in the criminal procedure of the Republic of Uzbekistan, examines historical types of legal proceedings through the lens of the institution under consideration, conducts a comparative analysis of the functioning of the preliminary hearing in the criminal procedure of other countries. In addition, the algorithms of its action and its influence on the implementation of procedural functions by the participants in the criminal procedure are comprehensively discussed.
1-6 318 111

Criminological description of organized crime

Sirojiddin Eshkobilov

This article provides an overview of the concept of organized crime, its specific features, causes and conditions, current trends, and statistics. It also provides recommendations for the prevention and elimination of organized crime.

39-46 201 50

The process of assessing corruption risk in higher education

Zafarjon Kuchkarov
All government anti-corruption reforms in education are aimed at ensuring the rights and interests of citizens to receive a quality education. With the development of modern public administration and the rapid increase in the number of professions in the private sector, the fight against corruption in higher education is becoming increasingly important. The use of preventive methods in the fight against corruption is widespread in the world, and the use of this area in education provides high efficiency. Corruption risk assessment is one of the most common, integrated preventive methods in the fight against corruption. To this end, the article provides a scientific analysis of the concepts of “corruption risk assessment”, “procedure”, “methods”, and “stages” in higher education, and explains these concepts.
11-17 373 98

Legal issues concerning the application of the lex mercatoria in international commercial arbitration

Zarif Juramirzaev
This particular paper attempts to outline the specific problems in the application of lex mercatoria in international commercial arbitration and suggests the way how the legislation of Uzbekistan should navigate in the existence of those problems in order to ensure its attractiveness as the seat of arbitration. The structure of the article is as follows. It first describes the historical evolution of the lex mercatoria until it finds its place in international commercial arbitration and later is mentioned in a number of international instruments, and more importantly, is implemented in the national laws consequently. The article then addresses modern sources of the lex mercatoria and specifically mentions the elements of lex mercatoria in the legislation of Uzbekistan. The paper also addresses the consequences such as setting aside the awards which were issued applying lex mercatoria. The paper concludes with the proposals of the author concerning the adaptation of Uzbekistan to the above-mentioned problems in the application of lex mercatoria.
7-10 144 34

The role of court decisions as a legal source in the criminal legislation of foreign countries

Umidbek Musaev
One of the most important responsibilities of any jurisdiction the provision of fair punishment of persons who committed crimes. The ultimate purpose of judicial reform is to create all the essential conditions for the fair implementation of the guarantees of personal freedom of citizens.  The country's attitude toward the individual's freedom and inviolability is reflected in the high level of legal protection it receives - the effective functioning of the judiciary in the country to protect the rights and interests of the individual.
26-38 201 49

Model laws and recommendations commonwealth of independent states regarding anti-corruption expertise of draft legislation

Timur Kenjaev
This scientific work was prepared by the author as part of the preparation of a dissertation for the degree of Doctor of Philosophy (PhD). The article includes an overview of the acts adopted by the Inter-Parliamentary Assembly of the CIS Member States that affect the anti-corruption expertise of draft legislation. The proposed models for the CIS countries are considered, as well as the mechanisms used in some countries of the post-Soviet space. A brief overview of the legislation of the CIS countries in the field of regulation of anti-corruption expertise of draft regulations is given. In parallel, the author, based on the experience under consideration, developed appropriate proposals for improving the mechanisms for applying anti-corruption expertise of draft legislation in the Republic of Uzbekistan.