Vol. 5 No. 08 (2023): Volume 05 Issue 08

Vol. 5 No. 08 (2023): Volume 05 Issue 08
Published: 01-08-2023

Articles

63-70 32 20

GENERAL PRINCIPLES OF CORPORATE LIABILITY FOR CORRUPTION

Sobirova Nozimakhon Mukhtorkhon Kizi

Measures of responsibility for corruption offences adopted by countries originally targeted natural persons. The fact that bribery and other most serious corruption offences are traditionally subject to criminal sanctions has contributed to the focus on individual liability.


In many legal systems, one of the fundamental foundations of criminal law has been that for conviction a culpable mental attitude must be concurrent with the proscribed conduct and other material elements of an offenсe. At the same time, the ability of a legal entity to have any mental attitude still raises serious doubts among lawyers.


Nevertheless, there are several significant arguments in favour of holding not only natural but also legal persons liable for corruption. Some of these arguments as well as the main models of corporate liability for corruption, the key elements of corruption offences, and the types of sanctions are discussed in this article.

01-04 75 17

THE JOURNEY OF THE BHARATIYA JANATA PARTY-LED NATIONAL DEMOCRATIC ALLIANCE: A FEDERAL COALITION'S RISE AND FALL

Rashmi Shukla

This research paper delves into the dynamic trajectory of the Bharatiya Janata Party (BJP)-led National Democratic Alliance (NDA) as a federal coalition in the context of Indian politics. Over the years, the NDA has experienced both remarkable successes and significant challenges, making it a fascinating case study of coalition politics in a diverse and complex democracy like India. This study explores the factors that contributed to the NDA's rise to power, including the BJP's political strategies, the coalition's policy agenda, and its ability to forge alliances with regional parties. Additionally, it analyzes the critical junctures and internal and external factors that led to the NDA's eventual decline. By examining the intricacies of the NDA's journey, this paper sheds light on the broader implications of coalition governance on democratic values and political stability in India.

05-09 100 46

THE ENIGMA OF AFZAL GURU'S HANGING: UNRAVELING THE CURIOUS CASE

Payal Seth

"The Enigma of Afzal Guru's Hanging: Unraveling the Curious Case" is an investigative study that delves into the perplexing circumstances surrounding the hanging of Afzal Guru, a Kashmiri man convicted for his alleged involvement in the 2001 Indian Parliament attack. This paper critically examines the events leading to Guru's execution, the legal proceedings, and the controversies surrounding the case. By analyzing various perspectives, historical context, and political influences, this research aims to shed light on the complex factors that contributed to the enigmatic handling of Guru's conviction and subsequent execution.

10-13 78 40

BREAKING THE CYCLE: UNRAVELING THE LIFE HISTORIES OF RECIDIVISM AMONG BRAZILIAN PRISON EGRESSORS

Ayumi Stella

"Breaking the Cycle: Unraveling the Life Histories of Recidivism Among Brazilian Prison Egressors" is a comprehensive study that explores the factors contributing to criminal recidivism among individuals released from the Brazilian prison system. Through in-depth interviews and data analysis, this research examines the life histories, experiences, and challenges faced by ex-convicts after their release. By shedding light on the intricate interplay of social, economic, and psychological factors, this study aims to provide valuable insights to help policymakers and practitioners design effective rehabilitation programs and reduce recidivism rates in Brazil.

14-18 36 17

SOCIAL CAUSES AND PRECONDITIONS OF COMMUNITY INVOLVEMENT IN GAMBLING

Samat Orazbaevich Beristenov

The article discusses the social causes and prerequisites for the participation of the population in gambling and other risk-based games. The measures taken to prevent illegal gambling activities and casinos (brothels) are being investigated, and appropriate conclusions are being drawn.

19-27 58 26

COMPARATIVE ANALYSIS OF ACTS ON PERMISSIBLE RESTRICTIONS ON THE FREEDOM OF SCIENCE

Aslonova Laylo

This article analyzes the legislation of foreign countries, as well as precedents for restricting the freedom of science. The article cites the laws of foreign countries, such as the USA, Sweden, France, Canada and others, which regulate the limitations of the subject of scientific research. In addition, the precedent of the French court on this issue is given. As a result of this article, a comparative analysis of the regulation by legal acts of the Republic of Uzbekistan of the admissibility of restricting the freedom of scientific creativity is carried out.

28-34 115 33

TRAINING OF LABOR MIGRANTS IN UZBEKISTAN AND TEACHING THEM MODERN SPECIALTIES

Bekzod Musaev

Information space and new technology opportunities create a new system of legal relations that provide the basis for remote fulfillment of tasks from anywhere in the world by the labor migrant without leaving their home country. Naturally, this places new legal regulation-related tasks on the state and non-governmental organizations. In the light of such a rapid development of globalization, it is impossible to avoid the reality. In these relations, which is organized on the basis of the Internet technology, the database (information) becomes the main mechanism of the virtual labor market. Any person whose work results are displayed as information can apply the right to work virtually. Digitization, international norms regulating the field of virtual labor migration and the experience of foreign countries shows that currently, the international legal norms in the field of virtual labor migration is lagging behind. The analysis of the ILO documents shows that the they are limited to the protection of the rights of labor migrants who are engaged in works organized in the traditional way. They do not take into account the possibility of improving the labor of the migrants, which is organized on a virtual basis. This is an urgent issue and should be resolved by international organizations in the near future.

35-39 28 23

EXPERIENCE OF TOKEN REGULATION AND UNDERSTANDING IN FOREIGN COUNTRIES: LESSONS FOR UZBEKISTAN

Pulatov Alisher

The rapid development of blockchain technology in the world has shown that its application in all aspects of life is effective in solving many problems. Although there is no new approach to regulating the status of products (cryptocurrency, tokens) created using this technology and their use in foreign countries. This article analyzes the legal status of product tokens created on the basis of blockchain technologies, and issues of property rights. Based on the international experience and the legislation of developed countries, the author conducted analyzes aimed at determining the legal status of tokens in the legislation of Uzbekistan, and put forward proposals aimed at improving the national legislation.

40-43 77 19

THE PEOPLE’S REPUBLIC OF CHINA IN THE MODERN POLITICS OF AFGHANISTAN

Azlarkhon B. Achilov

This article examines the increasing influence of the People’s Republic of China on the economy and politics of Afghanistan. China is a global power, a member of all major political and economic coalitions and organizations. China is one of the most important partners not only for the US and Russia, but a necessary “friend” for a huge number of countries in Africa, Central Asia and the Asia-Pacific region. What resources allow China to be called a world power? In this article, we will try to consider and answer the question of why China needs Afghanistan and what plans it pursues there.

44-48 68 37

PERSONS SUFFERING FROM MENTAL DISORDERS THAT DO NOT EXCLUDE SANITY, AS AN OBJECT OF FORENSIC RESEARCH

Abrorbek Mamajanov

Until recently, the study of socially dangerous actions of the mentally ill and persons with mental abnormalities, in domestic studies, was the prerogative of forensic psychiatry. The common interest of lawyers and forensic psychiatrists arose mainly on the basis of the appointment and conduct of forensic psychiatric examination, establishing a kind of border between the spheres of competence. Now, interest in this problem is observed in several branches of science (in criminal law, criminology, forensic psychiatry, psychology, etc.), and at the same time, the point of view of each of them has an independent meaning for determining the normative parameters of limited sanity. At the same time, given the growing prevalence of mental pathology among criminals, there remains an urgent need to create a general theoretical concept of the influence of mental pathology on crime in general and certain types of criminal behavior. This is especially true of many important issues related to the prevention and investigation of serious crimes, mechanisms and motivation of criminal behavior, etc.

49-54 75 37

PROTECTION OF CONSUMERS UNDER THE GDPR

Akhtamova Yulduz Akhtamovna

The GDPR reforms existing data protection policy by imposing more stringent obligations on not only data controllers but also on data processors relating to obtaining a valid consent,  ensuring transparency of automated decision-making  and security of data processing,  and by providing new rights for data subjects. Data subjects are entitled to withdraw their consent,  request their data to be transferred to another data controller  or to be deleted.  Also, the GDPR includes certain principles aimed at regulating its cross border transfers of the EU citizens’ personal data to ensure a high level of protection outside the EU. 

55-62 150 56

CRITICAL ASSESSMENTS OF ANTI-DUMPING DISPUTES SETTLEMENT MECHANISM AT THE WTO AND VIETNAM’S PARTICIPATIONS

Ho Ngoc Hien, Le Lan Anh

Anti-dumping disputes are types of trade disputes in international trade. There are more and more countries actively conducting anti-dumping investigations on imported goods, including Vietnam’s export goods. Many decisions taken by the Authorities have not received the approval of the involved parties. As a result, disputes over anti-dumping investigations happen. The settlement of anti-dumping disputes has become a necessity for parties to protect their legitimate rights and interests. This prompted the establishment of a dispute settlement body between member countries of the WTO including disputes related to anti-dumping matters. The objectives of this article are to analyze the mechanism of anti-dumping dispute settlement under WTO regulations; use case studies of anti-dumping dispute settlement of WTO to evaluate the role of WTO in anti-dumping dispute settlement mechanism in general; and most importantly, review the effectiveness of Vietnam’s participation as a complainant, respondent, or a third party.

136-141 66 26

LAW ENFORCEMENT REFORM IN UZBEKISTAN: ORIENTATION TO THE PROTECTION OF HUMAN INTERESTS

Nurmatov Mirgolib Mirzayevich

this article is devoted to the constitutional, legal and legislative framework for reforming law enforcement in the Republic of Uzbekistan, which is aimed at protecting human rights and freedoms. The main directions of reforms in the field of ensuring national security and combating crime, their legal framework and mechanisms are also analysed.

71-75 37 30

ISSUES OF LEGAL ASSESSMENT OF STRONG EMOTIONAL EXCITEMENT IN THE QUALIFICATION OF CRIMES UNDER THE CRIMINAL CODE OF THE REPUBLIC OF UZBEKISTAN

Komil Khakimov

One of described by the Criminal Code of the Republic of Uzbekistan psychological states of individual that affect the qualification of the offense is a crime in the state of heat of passion. Strong emotion, as one of the most important psychological states of persons is enshrined in criminal law (the Article 55 of the Criminal Code) as a circumstance mitigating punishment. In addition, it is a constructive sign of crimes stipulated by the Articles 98 and 106 of the Criminal Code.


This article analyzes the main principles in understanding issues of classification of affective crimes in accordance with articles 98 and 106 of Criminal code of the Republic of Uzbekistan. The analysis provides specific suggestions for improving the criminal law of the Republic of Uzbekistan.


 

76-84 107 36

CRIMINOLOGICAL DESCRIPTION OF CRIMES COMMITTED IN THE STATE OF AFFECT AND THE SPECIFICITY OF THE CRIMINAL PERSONALITY

Zayniddin Ziyoviddinovich Shamsidinov

The contentious situation that arises in an affective state coincides with a process that restricts strong emotional energy and the ability to control physical strength, and it acts as a catalyst that suddenly increases the psychic intensity of the individual. The impulsivity of an individual's behavior in an affective state makes it difficult for him to choose the right behavior. For this reason, the behavior selection process occurs thoughtlessly, but this does not mean that the behavior occurs from a rooster, even at this time the individ is clearly under the influence of a social control. Thus, it is impossible to imagine the nature of individ as a separation from society, since the ability of a person is formed in the process of social relations in society over long years, and this, in turn, affects the socio-psychological development of the individual. Social factors play an important role in the human psyche and vital activity. Therefore, not only emotional arousal is the basis for an individual to commit unlawful acts, but the socio-economic conditions that set the stage for this emotional explosion and the impact of society can also be an important impetus.


 

85-90 132 30

GENERAL DESCRIPTION OF CORRECTIONAL PUNISHMENT, ITS PLACE IN THE PENAL SYSTEM

Vohid Tashmurodovich Sunnatov

The penal system is of particular importance in the implementation of the main function of criminal law. Criminal punishment is considered to be one of the most important institutions of criminal law, and it prevents crime in a certain sense and prevents new crimes from being committed by the convict. On this basis, each country pays special attention to the penal system in the fight against crime, defines the criminal act and the types of punishment assigned to it through the relevant norms in its legislation, and thereby conveys the inevitability of punishment for any crime to its individuals and citizens. In the world, special attention is being paid to the study of the policy of ensuring the correct application of laws on the sentencing system and the conducting of scientific analyzes on the issues of effective organization of the activities of law enforcement agencies in this regard.

91-95 85 31

PECULIARITIES OF LEGAL ERROR IN THE CRIMINAL LAW OF UZBEKISTAN

Nurmukhammad Khamidov

This scientific article is devoted to the importance of making a mistake in the theory and practice of criminal law. In it, the concept of error in criminal law and its signs, as well as types of error, specific aspects of legal and factual error, problems related to the qualification of an act when a mistake is made in relation to the signs of a crime provided for in the Special Part of the Criminal Code, and the criminal law of foreign countries the issue of responsibility for mistakes is clarified.

96-101 74 28

THE SUBJECTS OF LEGAL EXPERIMENT IN THE RULE-MAKING PROCESS AND THEIR LEGAL STATUS

Sherzod Rakhmatullaevich Khayitov

This article discusses the approaches of legal scholars on the subject of legal experiment and put forward the idea and the fact that a comprehensive study of the competence, rights and obligations in the sphere of legal experiment do not allow to better understand the essence of legal experiment, its effective implementation in practice, it is noted that it is expedient to be determined separately, taking into account the types of regulatory legal acts.

102-107 50 18

COPYRIGHT PROTECTION IN SOCIAL NETWORKS: PROSPECTS OF LEGAL REGULATION IN UZBEKISTAN

Khujayev Shokjakhon Akmaljon Ugli

This article analyzes the features of copyright protection in social networks, as well as on the Internet. The author of the article analyzed the features of international acts and the national legislation of the Republic of Uzbekistan. Taking into account the analysis, the author has developed conclusions on the need to strengthen the protection of authors' rights on the Internet, the harmonization of legislation of the countries of the world.

108-114 110 38

ENSURING JUSTICE AND THE RULE OF LAW IN UZBEKISTAN: IN THE CONTEXT OF JUDICIAL AND LEGAL REFORMS

Rasulev Abdulaziz Karimovich

In the Republic of Uzbekistan, significant results have been achieved in recent years within the framework of judicial and legal reforms, which have affected all spheres. As indicated by the President of the Republic of Uzbekistan Sh.Mirziyoyev “over the last years we have accomplished a profound work to establish justice in the judicial system and the activities of law enforcement bodies”. The main purpose of these reforms is to ensure the priority of individual rights, the rule of law in the activities of courts and law enforcement agencies.

115-120 92 17

PSYCHOLOGICAL BASES OF INTERROGATION: ESTABLISHING PSYCHOLOGICAL CONTACT WITH THE INTERROGATED

Dilrabo Topildieva

In the article the author considers the psychological basis of interrogation as one of the important aspects of the investigative action of interrogation. And also about the establishment of psychological contact with the interrogated to obtain more detailed information. In practice, if between the investigator and the interrogated contact was not established, the achievement of a positive result is not possible. The information field of interaction between the investigator and the questioned without establishing contact significantly reduces the amount of information obtained. In this regard, the establishment of psychological contact affects the quality of the interrogation as a whole.

121-125 92 27

WHAT IS FEMINISM, WHEN DID WOMEN START FIGHTING FOR EQUAL RIGHTS AND WHY DOES FEMINISM STILL EXIST

I.M.Umarova

This article deals with the concept of feminism, its forms and way of expression. The history and stages of development of feminism around the world are also described.

126-130 51 30

GENERAL CHARACTERISTICS OF PROVING IN CRIMINAL PROCEEDINGS

Khosiyat Mamatkulova

Some issues of proof in criminal proceedings, the specifics of the process of proving are discussed in the article. The author gives judgments on the optimization of the process of proof in criminal proceedings.


 

131-135 81 26

EXPERIENCE OF TOKEN REGULATION AND UNDERSTANDING IN FOREIGN COUNTRIES: LESSONS FOR UZBEKISTAN

Pulatov Alisher

The rapid development of blockchain technology in the world has shown that its application in all aspects of life is effective in solving many problems. Although there is no new approach to regulating the status of products (cryptocurrency, tokens) created using this technology and their use in foreign countries. This article analyzes the legal status of product tokens created on the basis of blockchain technologies, and issues of property rights. Based on the international experience and the legislation of developed countries, the author conducted analyzes aimed at determining the legal status of tokens in the legislation of Uzbekistan, and put forward proposals aimed at improving the national legislation.