Vol. 5 No. 06 (2023): Volume 05 Issue 06
Articles
DEVELOPMENT STRATEGY: OPPORTUNITIES FOR YOUTH IN THE NEW UZBEKISTAN
The article aims to analyze the main directions and objectives of the the Development Strategy of New Uzbekistan for 2022-2026, approved by the Decree of the President of the Republic ofUzbekistan dated January 28, 2022 PD-60, the role and place in youth life in the next 5 years, legal reforms in recent years, as well as the issues of working with young people, protecting and supporting their legitimate interests, supporting and encouraging gifted and talented youth, further improving the development of entrepreneurship among young people.The article analyzes the content of the concepts "The Development Strategy of New Uzbekistan", "Main directions and objectives of the Development Strategy", "Youth", "State Youth Policy" and the specifics of youth policy in the Republic of Uzbekistan. The author also examines the content of socio-legal reforms in the field of state youth policy in the Decree of the President of the Republic of Uzbekistan dated February 7, 2017 No PD-4947 "On the Strategy for further development of the Republic of Uzbekistan." Based on the research, suggestions and recommendations are made.
ADMINISTRATIVE PROCEEDINGS: LEGAL FRAMEWORK AND ISSUES OF IMPROVEMENT
The article analyzes the concept, essence and specific features of (conducting) administrative proceedings from a scientific and legal point of view, and develops proposals and recommendations related to the improvement of its legal framework.
INTERNATIONAL LEGAL ASPECTS OF SEARCH AND REPATRIATION OF ILLEGAL ASSETS
The article analyzes the international legal aspects of the search and return of illegally exported or stolen assets. When analyzing this topic, attention is paid, first of all, to the processes and methods of asset recovery, thereby studying the international experience of states and organizations in countering money laundering, attaching importance to the role of the international regulatory framework on this issue, for example, the UN Convention Against Corruption. Also, the issues of trends in the search and repatriation of illegally exported assets and legal regulation in the Republic of Uzbekistan were considered. In addition, the article provides international statistics on the volume of bribes received annually by officials in developing countries and countries with economies in transition. The main purpose of the article is to reveal the legal essence of the international legal aspects of the search and repatriation of illegally exported assets. Based on the research done, a legal conclusion was made on the scientific topic of the article.
PERSONAL INVIOLABILITY AS A FUNDAMENTAL RIGHT AND VALUE
Article 26 of the Constitution of the Republic of Uzbekistan in a new edition establishes the norm that the human honor and dignity are inviolable and Nothing may be the basis for their derogation [1].
The honor and dignity of each human being is inherent to everyone from birth and are the inalienable rights of human beings, despite the fact that they are in places of deprivation of liberty, therefore, no one has the right to encroach on them.
PROCEDURAL INDEPENDENCE OF THE INVESTIGATOR: MYTH OF REALITY?
The article highlights the factors that led to a major restriction of the investigator’s procedural independence as a result of a sharp growth in the number of procedural-administrative and procedural-control powers held by the chief of the investigative body.
One of these reasons is explained by the author’s efforts to address the conse-quences from the well-known crisis of law enforcement agencies in the 1990s, which resulted in a decline in the quality of preliminary investigation. The second justifica-tion is connected by the author to the Soviet preliminary investigation’s administra-tiveization and the assignment of traditional jurisdictional (judicial-investigative) powers to the executive authorities.
As a result, it is determined that the procedural independence of the investigator is merely another doctrinal illusion at the moment. It should be noted that the investi-gator’s discretionary powers are actually limited to a minimum, and their potential use depends on the procedural omnipotence of the chief of the investigative body.
In conclusion, in light of the topic of this article the prospects for the further development of the preliminary investigation bodies are examined.
ANALYSIS OF THE LEGAL NATURE AND THEORETICAL FOUNDATIONS OF THE DIFFERENTIATION OF CRIMINAL PROCEEDINGS
The article specifies the material and procedural criteria, which differentiate the forms of the criminal proceedings. Revealed and substantiated the need for simplified proceedings in criminal cases. The author proposes to introduce a new model of simplified procedure, which would meet the needs of law enforcement practice and would fully ensure the protection of the rights and legitimate interests of persons involved in criminal proceedings.
RECONSIDERING PENAL POLICY: ADVOCATING FOR ALTERNATIVE APPROACHES IN ADDRESSING HATE CRIMES
Hate crimes pose a significant societal challenge, targeting individuals based on their race, ethnicity, religion, sexual orientation, or other protected characteristics. The conventional penal policy approach often relies on punitive measures, such as increased sentences and harsher penalties, to address hate crimes. However, there is growing evidence and discourse suggesting that alternative approaches may be more effective in preventing hate crimes and promoting societal healing. This paper argues for the reconsideration of penal policy concerning hate crimes and advocates for alternative approaches that focus on restorative justice, education, community engagement, and rehabilitation. By exploring these alternative strategies, this study aims to stimulate a broader discussion on penal policy reform and encourage the adoption of more holistic and effective approaches to addressing hate crimes.
ISSUES OF RESPONSIBILITY IN THE FIELD OF INTELLECTUAL PROPERTY
This article analyses the specifics of resolving disputes on liability for violations of intellectual property rights under the legislation of the Republic of Uzbekistan. The authors separately studied the specifics of resolving issues of property liability in civil and economic courts, public law disputes in administrative courts, as well as administrative offenses and crimes in criminal courts. Based on the analysis, the authors note the importance of 1) specialization of courts; 2) the use of alternative dispute resolution measures; 3) improving the system of execution of court decisions; 4) the use of an integrated approach to solving problems of responsibility on the Internet.
THEORETICAL AND PRACTICAL ASPECTS OF SENTENCING FOR CRIMES IN WHICH THE GUILTY IS TRULY REMORSEFUL AND A PLEA AGREEMENT HAS BEEN CONCLUDED
This article analyzes the theoretical and practical aspects of sentencing for crimes in which the guilty is truly remorseful and plea bargains have been concluded. Also, the issues related to sentencing for crimes in which the guilty has actually repented of his actions and a plea agreement has been made are analyzed based on the opinions of national and foreign scholars. In this article, the issues of sentencing for crimes in which the guilty is actually remorseful for his actions and a plea agreement has been concluded are analyzed based on the decisions of the Plenum of the Supreme Court. The issues of concluding a plea agreement and imposing punishment for crimes committed were also considered in the Criminal Code of the Republic of Uzbekistan and the Code of Criminal Procedure. At the same time, in this article, the criminal codes of foreign countries were reviewed and analyzed in order to improve the norms concerning the imposition of punishment for crimes in respect of which a plea agreement was concluded when the guilty person repented of what he had done in practice.
THE CONSTITUTIONAL AND INTERNATIONAL-LEGAL FOUNDATIONS OF THE RIGHT TO PETITION (CASE OF UZBEKISTAN)
This article is devoted to the issue of a human right to petition. It describes the importance, objects and subjects of the right to petition, the forms, methods, guarantees and procedures for its realization. Author scrupulously investigated the case of Uzbekistan. As it is known, the right of citizens to petition international bodies in the field of human rights is recognized for the first time in the renewed Constitution of Uzbekistan adopted on April 30, 2023 and entered into force on May 1, 2023. According to Article 55 of the renewed Constitution “Everyone shall have the right, in accordance with the legislation and international treaties of the Republic of Uzbekistan, to petition international bodies that protect human rights and freedoms if all internal means of legal protection of the state have been used”. In this regard, similar situations in the constitutions of foreign countries are summarized, different aspects are highlighted. Also, the author describes the international-legal bases of applying to the bodies of international organizations and reveals its importance for Uzbekistan.
NURTURING RESEARCH AND DEVELOPMENT HUMAN RESOURCES: INTERNATIONAL EXPERIENCES AND IMPLICATIONS FOR VIETNAM
Developing a skilled and competent research and development (R&D) workforce is crucial for driving innovation, technological advancements, and economic growth. This paper examines international experiences in nurturing R&D human resources and explores their implications for Vietnam. The study reviews successful strategies, policies, and initiatives implemented in various countries to foster a thriving R&D workforce. It analyzes the key factors contributing to their success, such as educational systems, funding mechanisms, collaboration networks, and talent retention strategies. By drawing lessons from international experiences, this paper provides insights into how Vietnam can enhance its efforts in developing R&D human resources. It discusses the challenges and opportunities specific to Vietnam's context and proposes recommendations to strengthen R&D capacity and promote a culture of innovation in the country.
SPECIFIC ASPECTS OF RECONCILIATION AND PRIVATE PROSECUTION AS GROUNDS FOR TERMINATING CRIMINAL CASES
This article analyzes the relationship between the termination of a criminal case based on reconciliation and private prosecution, their specificity through the norms of substantive and procedural law. The article explores the scope of this institution through scientific and theoretical views put forward by scientists on the termination of a criminal case based on reconciliation and private prosecution. Based on the views and ideas of scientists, the termination of a criminal case based on reconciliation and private prosecution was analyzed based on scientific, theoretical, practical, and legislative norms.
NARCO-ANALYSIS IN CRIMINAL INVESTIGATION AND TRIAL: A COMPREHENSIVE OVERVIEW
Narco-analysis, a controversial investigative technique involving the administration of drugs to induce a semi-conscious state in suspects, has garnered attention and sparked debates in criminal investigations and trials. This article provides a comprehensive overview of narco-analysis, examining its historical development, legal aspects, scientific basis, procedural considerations, and impact on the criminal justice system. Through a literature review, legal analysis, and expert interviews, the study explores the ethical implications and reliability of narco-analysis. The findings contribute to a comprehensive understanding of the technique, aiding informed discussions and decision-making surrounding its use in criminal investigations and trials.
HOUSING PRICES AND HOUSEHOLD SAVINGS: EVIDENCE FROM URBAN CHINA
This article investigates the relationship between housing prices and household savings in urban China. The soaring housing prices in many Chinese cities have raised concerns about their impact on household financial behaviour, particularly on savings patterns. Understanding the dynamics between housing prices and household savings is crucial for policymakers and researchers alike. By analysing household-level data and employing advanced econometric techniques, this study aims to unravel the link between housing prices and household savings in urban China, shedding light on the implications for financial stability and economic development.