Uzbekistan Law Review is a scientific-analytical journal dedicated to exploring and evaluating the diverse aspects of law and legislative developments in Uzbekistan. This publication serves as a platform for in-depth legal research, commentary, and analysis by esteemed scholars and practitioners. The journal emphasizes the critical examination of legislative reforms, administrative law, civil and criminal law, and international legal relations. It aims to contribute to the advancement of legal scholarship and practice by presenting comprehensive studies that support the development of democratic principles, governance, and the rule of law.
THE DIGITAL SPACE AS A CHALLENGES TO THE REALIZATION OF WOMEN’S RIGHTS IN THE CONTEXT OF DIGITAL TRANSFORMATION: INTERNATIONAL LEGAL AND NATIONAL ANALYSIS
The article examines digital inequality as a socio-economic and legal obstacle to the realization of women’s rights in the context of digital transformation. It emphasizes that it is not limited to access to information and communication technologies, but rather strengthens existing gender, educational, and territorial differences. Special attention is paid to international standards for the protection of women’s rights, including the Convention on the Elimination of All Forms of Discrimination against Women, the UN Declaration on the Right to Development, and the Sustainable Development Goals. Based on the multi-level model of digital inequality, as well as data from international organizations and national materials of the Republic of Uzbekistan, it has been shown that expanding access to the Internet does not provide equal opportunities for women to participate in the digital economy and social life. It was concluded that states need to fulfill positive international legal obligations to ensure real digital equality as a condition for the realization of women’s rights.
sustainable development, digital transformation, digital divide, human rights, women’s rights, gender inequality, right to development, digital inclusion, positive state commitments
POSSIBILITIES FOR HARMONIZING UZBEKISTAN’S LEGISLATION WITH INTERNATIONAL EXTRADITION STANDARDS
The article examines the possibilities of harmonizing Uzbekistan’s legislation with international standards in the field of extradition. Key regulatory documents governing extradition procedures in the country are analyzed. Special attention is paid to the requirements of international treaties and the recommendations of universal and regional organizations. Existing discrepancies between national norms and international practice are identified. Mechanisms for improving legal regulation in this area are being considered. The article proposes ways to modernize procedural procedures to increase their effectiveness and transparency. The need to strengthen international cooperation in the criminal-legal sphere is noted. The role of institutional reforms in the formation of modern extradition legislation is emphasized. It is concluded that the harmonization of norms will contribute to the development of the legal system of Uzbekistan and strengthen the trust of international partners.
legal regulation, legislation, international standards, reforms, harmonization, cooperation, human rights, extradition
DIGITALIZATION AND USE OF MODERN TECHNOLOGIES IN THE FORENSIC SECTOR
The article presents a scientific analysis of reforms aimed at modernizing forensic activities in the Republic of Uzbekistan, their legal basis, the processes of digitalization of forensic activities, and the main problems in practice. In foreign countries, the digitalization of forensic activities is considered a priority area for the development of legal systems and an important factor in increasing the effectiveness of justice. This implies a transition from traditional paper circulation to electronic information systems and will lead to significant changes. The author scientifically substantiates that the development of the forensic expert system in harmony with global trends and the digitalization of activities is an important factor in increasing the effectiveness of justice. At the end of the study, he put forward his proposals for further improvement of this area.
digitalization, artificial intelligence, digital evidence, electronic databases, “E-expertise” electronic platform, digital forensics, electronic expertise, institutional reforms
LEGAL ASPECTS OF USE AND PROTECTION OF RESORT LANDS
This article analyzes the theoretical and practical aspects of the legal protection of lands of resort areas. The author highlights the place of resort lands in the system of specially protected natural areas and their importance in the conservation of natural healing resources. Based on the current constitutional and environmental legislation, the legal regime of resort lands, the need to restrict their use, and issues of ensuring environmental sustainability were considered. Also, the zoning of territories, permitted and prohibited types of activities, as well as mechanisms for preventing land degradation and pollution, were analyzed. The gaps in legislation were indicated, and proposals were made to strengthen control and introduce special environmental and urban planning requirements.
resort lands, legal protection, specially protected natural areas, land law, environmental requirements, natural healing resources, legal regime of lands
LEGAL BASIS FOR REMUNERATION OF PEDAGOGICAL STAFF OF HIGHER EDUCATION INSTITUTIONS
This article analyzes the legal issues of remuneration of pedagogical staff of higher educational institutions. The purpose of the research is to identify shortcomings and gaps in the system of remuneration of pedagogical staff in the Republic of Uzbekistan and to develop directions for its improvement based on foreign experience. Within the framework of the research, the methods of normative-legal analysis and comparative-legal and systemic approaches were used. Among the main legal problems are the lack of clear legislative consolidation of the methodology for determining the base rate, the heterogeneity and lack of transparency of incentive criteria, the absence of unified standards for regulating workload, and the weak standardization of financial guarantees. The article also compares the national legislation of Poland, Belarus, and Russia on the remuneration of pedagogical staff in higher educational institutions. Also, proposals have been developed for setting the base rate in coefficients for professors and teachers, standardizing incentive criteria, introducing a system for comprehensive assessment of workload, and strengthening transparency mechanisms..
higher education, academic staff, teaching staff, remuneration, official salary, base rate, incentives, compensation payments, labor standards
ELIMINATION OF LEGAL PROBLEMS RELATED TO PROCEDURAL TERMS IN THE LEGISLATION OF UZBEKISTAN
This article analyzes the stages of formation of the digitalization process in the judicial system of Uzbekistan and its impact on compliance with procedural deadlines in civil proceedings. The study examines the regulatory legal acts adopted since 2012 on the introduction of information and communication technologies into the judicial system, the creation of the national electronic court services system “E-SUD” in 2013, and the further expansion of digital services through such platforms as “my.sud.uz,” “stat.sud.uz,” “sud.ijro.uz” in subsequent years. The article substantiates that digital technologies serve to reduce the time for considering court cases, reduce errors related to the human factor, and strengthen procedural discipline through electronic monitoring and automated notifications. At the same time, existing problems, such as the lack of technical infrastructure in some regions, low digital skills of employees, weak interdepartmental integration, and the incomplete formation of the regulatory framework for working with electronic documents and evidence, are cited as factors that maintain the risk of violation of deadlines. At the end of the study, proposals will be put forward for the implementation of a monitoring module for automatic monitoring of procedural deadlines in the “E-SUD” system, the adoption of a special law “On Electronic Litigation,” strengthening infrastructure, and improving digital skills.
procedural deadlines, digitalization of the judicial system, E-SUD, electronic legal proceedings, electronic monitoring, video conferencing, execution of judicial act
PROBLEMS RELATED TO THE DETERMINATION OF INHERITORS IN INHERITANCE LEGAL RELATIONS
This article analyzes the theoretical and practical problems related to determining the composition of heirs in inheritance legal relations. Such factors as the complication of property rights of individuals as a result of assisted reproductive technologies and the expansion of the range of objects included in the inheritance, as well as the legal status of persons born after the death of the testator, require new approaches to the development of the inheritance institution. The author, having conducted a comparative analysis of existing views on the subjects of inheritance legal relations in legal science, highlighted the controversial aspects of the status of the testator as a subject of legal relations based on the norms of the Civil Code of the Republic of Uzbekistan. The article proposes to classify the subjects of inheritance legal relations by dividing them into compulsory subjects, participating persons, and assisting persons. It is also shown that the expansion of the circle of heirs, the features of the inheritance of legal entities, the fate of ownerless inherited property, and the mechanisms for protecting the interests of creditors under the obligations of the testator in such situations are not sufficiently clearly regulated. Based on the analysis of the experience of foreign countries, a proposal has been put forward to establish liability to creditors within the value of the inheritance when the ownerless inherited property is transferred to the disposal of the state or a self-governing body of citizens.
inheritance law, inheritance legal relations, heirs, testator, universal succession, will, intestate succession, escheated inheritance property
THE RIGHT TO A HUMAN TO MAKE DECISIONS IN THE SYSTEM OF SUBJECTIVE DIGITAL RIGHTS
The rapid introduction of artificial intelligence systems into the processes of making legally significant decisions has raised the fundamental question of the place of human decision-making rights in the system of subjective digital rights before legal science. This article attempts to systematically define the normative content of this right, establish its relationship with other digital rights – the right to access the Internet, the right to personal data protection, the right to digital identity, the right to be forgotten, and the right to information self-determination – and define the limits of its implementation. Based on dogmatic analysis, system-structural, and comparative legal methods, the author examines the normative sources of the formation of this right (international documents and the legislation of the Republic of Uzbekistan), critically assesses the doctrinal positions of leading researchers, and proposes an author’s three-component model of the content of the right to human decision, including procedural, material, and protective elements. The conclusion is substantiated that the right to human decision represents an independent subjective digital right, which simultaneously performs the function of a guarantee right, ensuring the realization of other digital rights in the context of an algorithmic society.
right to a human decision, subjective digital right, automated decision-making, artificial intelligence, digital human rights, GDPR, EU AI Act, justice, human oversight, algorithmic transparency
ARTIFICIAL INTELLIGENCE IN DIPLOMACY: LEGAL AND ETHICAL FRAMEWORK AND PROSPECTS OF INTERNATIONAL REGULATION
The article examines a rapidly developing but practically unregulated phenomenon – the use of artificial intelligence systems in diplomatic processes. The author analyzes the current state of artificial intelligence application in diplomacy: from the automation of routine consular procedures to algorithmic systems for supporting foreign policy decisions. Special attention is paid to the ethical and legal problems of delegating diplomatic functions to artificial intelligence systems, issues of state responsibility for decisions made with the participation of algorithms, and risks of digital inequality between states in the diplomatic sphere. Based on a comparative analysis of international experience, recommendations are formulated for the Republic of Uzbekistan on building a regulatory framework in this area.
international law, foreign policy, state responsibility, digital diplomacy, algorithmic diplomacy, decision-making, automation, artificial intelligence, artificial intelligence ethics
PROBLEMS OF DETERMINING THE STATE BELONGING OF A LEGAL ENTITY WITHIN THE FRAMEWORK OF THE EUROPEAN UNION
This article examines the actions taken by the European Union to regulate the conflict of law norms of different states within the framework of integration in order to determine the affiliation of a legal entity that plays an important role in international private law relations. The article presents an analysis of the Hague and Brussels Conventions, which are aimed at recognizing the legal personality of a legal entity, indicating the discrepancies between the criteria of incorporation and settlement. Also, the draft rules of the European Group on Private International Law “On the Law Applicable to Companies and Other Organizations” were considered, in which the priority of the incorporation criterion and the tendency for a liberal approach were analyzed. The main obstacle in the development of drafts of international treaties on determining the affiliation of a legal entity was the different integration goals of the European Union and the different positions of the member states in national legislation.
integration, European Union, Hague Convention, Brussels Convention, rules, incorporation, real settlement, exploitation center criterion
In this article, the essence of the basic principles of state legal policy is analyzed theoretically and practically. The purpose of the research is to determine the theoretical significance, normativeness, and systemic nature of these principles, as well as their influence and functional role in law enforcement practice. The article uses normative-dogmatic, comparative-legal, and systematic analysis methods. Also, the criteria of principles, their hierarchy, and implementation conditions are indicated, and a model for assessing principles is proposed as a scientific contribution. The results obtained during the study allow for a consistent classification of the system of principles and their use as qualitative criteria of state legal policy. In addition, the author reveals the relationship between the normative consolidation of principles and institutional guarantees. As a scientific novelty, a model of minimum evaluation criteria for assessing the quality of legal policy will be developed.
state legal policy, principles of legal policy, system of principles, rule of law, legitimacy, normativity, constitutional guiding principles, principles of interdisciplinary management, practical and procedural principle
Oʻzbekistonda elektron valyuta (kripto-aktiv) munosabatlarini huquqiy tartibga solishdagi muammolar tahlili
Mazkur maqolada O‘zbekiston Respublikasida elektron valyuta va kripto-aktivlar aylanmasini huquqiy muammolari tahlil tartibga qilinadi. solishning Muallif dolzarb amaldagi qonunchilikdagi tarqoqlik, kripto-aktivlarning to‘lov vositasi sifatida taqiqlanishi va mulk huquqi bilan bog‘liq ziddiyatlarni yoritib provayderlari bergan. Shuningdek, xizmatlar faoliyati, smart-kontraktlarning texnik huquqiy tabiati hamda "eskrou" tizimini takomillashtirish masalalari o‘rganiladi. Maqola yakunida "Elektron tijorat to‘g‘risida"gi qonun normalarini imperativ shaklga keltirish bo‘yicha ilmiy asoslantirilgan takliflar ilgari surilgan.
12.00.03 – Fuqarolik huquqi. Tadbirkorlik huquqi. Oila huquqi. Xalqaro xususiy huquq.
Elektron valyuta munosabatlarining shakllanishi va rivojlanishining konstitutsiyaviy-huquqiy asoslari
Mazkur maqolada elektron valyuta munosabatlarining AQSH va jahon miqyosidagi shakllanish tarixi, kredit kartalaridan tortib zamonaviy kriptovalyutalargacha bo‘lgan evolyutsion yo‘li tahlil qilinadi. Tadqiqotda elektron to‘lov tizimlarini tartibga soluvchi huquqiy hujjatlar, xavfsizlik texnologiyalari hamda blokcheyn tizimining o‘rni yoritilgan. Shuningdek, raqamli aktivlarning iqtisodiy va ijtimoiy omillari, soliqqa tortish masalalari hamda kiberxavfsizlik muammolari o‘rganiladi. Maqola elektron valyutalarning huquqiy maqomini belgilash va sohadagi kamchiliklarni bartaraf etishga qaratilgan ilmiy xulosalarni taqdim etadi.
A SCIENTIFIC MODEL FOR EXAMINING THE COMPLEXITY OF CORRUPTION NETWORKS
This research presents the TASP framework, designed to analyze corruption through four dimensions – Types, Activities, Sectors, and Places. Further, it examines the multifaceted nature of corruption within the public sphere, emphasizing how such practices originate, how they can be effectively measured, and the risks they pose to institutional integrity. Rather than treating corruption solely as a matter of personal misconduct or legal violation, the study conceptualizes it as a systemic and cultural phenomenon embedded within political and administrative systems. By employing the TASP framework, incidents of both actual and suspected corruption can be assessed with greater precision, enabling the formulation of appropriate preventive and corrective measures aimed at transforming unethical practices and enhancing public sector performance. Moreover, the research contributes to identifying the specific patterns, locations, and contexts in which corruption occurs, thereby clarifying areas of heightened vulnerability. Drawing on empirical findings, it ultimately shows that categorizing and comprehending corrupt behaviors in detail is essential for the development of focused and effective anti-corruption policies on the whole.
institutional integrity, policymaking process, administrative frameworks, bureaucratic structures, ethical failure
ILLEGAL MIGRATION AS A TRANSNATIONAL RISK: THEORETICAL AND PRACTICAL ANALYSIS
This article analyzes the phenomenon of illegal migration from a theoretical and practical point of view as a transnational threat. In the process of globalization, the relative openness of state borders, economic and social inequality, armed conflicts, and environmental crises are causing a sharp increase in illegal migration flows. From this point of view, the article primarily examines the theoretical concepts of illegal migration and scientific approaches to its assessment as a transnational threat. At the next stage, practical aspects are analyzed, that is, mechanisms of cooperation at the regional and international levels, legal agreements between states, experience in managing migration flows, and existing problems. During the study, special attention will be paid to the activities of international organizations (UN, ILO, EU, etc.) and Uzbekistan’s national policy in this area. The author puts forward proposals based on a comprehensive approach to combating illegal migration, interstate information exchange, strengthening the legal framework, and ensuring human rights.
illegal migration, transnational threat, international cooperation, legal regulation, national security
PROSPECTS FOR IMPLEMENTING THE DIGITAL SERVICES ACT APPROACH IN THE NATIONAL REGULATION SYSTEM
The article analyzes the prospects for implementing the European Union’s Digital Services Act (DSA) approach into the legal regulation system of digital platforms in the Republic of Uzbekistan. Based on a comparative legal analysis, the key principles of the Digital Services Act – user rights priority, platform responsibility, transparency of algorithms and moderation practices – were identified and their relationship with national legislation was demonstrated. Recent legislative initiatives, including the draft law “On the Protection of the Rights of Users of Online Platforms and Websites,” are being considered. The advantages of adapting the DSA approach (protecting users, increasing the responsibility of providers, and harmonizing with international norms), as well as potential challenges in its implementation, are noted. It was concluded that DSA can become the basis for modernizing Uzbekistan’s digital regulation, provided that its provisions are adapted to national characteristics and ensure effective interaction between the state, business, and society.
Digital Services Act, online platforms, internet services, national regulation, content moderation, user rights
ISSUES OF HARMONIZING NATIONAL LEGISLATION RELATED TO TOURISM IN THE PROCESS OF JOINING THE WTO
The article analyzes topical issues related to harmonizing the national legislation of the Republic of Uzbekistan in the tourism sector with the requirements of the General Agreement on Trade in Services (GATS) in the context of the country’s accession to the World Trade Organization (WTO). The purpose of the study is to provide a scientific justification for the need to gradually liberalize the tourism services market and to simplify licensing and certification procedures. The research employs comparative legal, normative-legal, and analytical methods. The findings indicate that the formation of a legal framework aligned with international standards enhances the competitiveness of the tourism sector. The conclusions of the study have practical significance for improving tourism policy and implementing GATS commitments into national legislation.
WTO, GATS, tourism legislation, liberalization, investment, national interests
THE ROLE OF ARTIFICIAL INTELLIGENCE IN THE USE OF RENEWABLE ENERGY SOURCES: ON THE EXAMPLE OF THE LEGISLATION OF THE USA, THE EUROPEAN UNION, AND UZBEKISTAN
The article examines the legal framework for the integration of artificial intelligence technologies into renewable energy sources using the example of the USA, the European Union, and Uzbekistan. In the course of the research, the works of foreign scientists, specialists, and researchers devoted to the role of artificial intelligence in energy systems, its positive and negative aspects, as well as the solutions proposed by them, were analyzed. Current international standards, including the European Artificial Intelligence Law, NIST principles, and other regulatory documents, were compared. The regulatory legal acts of the Republic of Uzbekistan in the field of regulation of renewable energy and artificial intelligence were studied, and a comparative analysis of existing standards was conducted. Materials from international scientific databases and peer-reviewed journals indexed by Scopus on the integration of artificial intelligence into the energy sector were used. Legal regimes were compared, regulatory gaps were identified, and recommendations for improving the sphere were given.
12.00.06 – Tabiiy resurslar huquqi. Agrar huquq. Ekologik huquq.
renewable energy, artificial intelligence, environmental sustainability, security, integration, artificial intelligence technologies
CHALLENGES IN THE IMPLEMENTATION OF TORT LIABILITY IN THE CIVIL LAW OF UZBEKISTAN: COMPARATIVE LEGAL ANALYSIS AND WAYS TO IMPROVE
This article is devoted to a critical analysis of the problems associated with the application of the institution of tort liability (liability arising from causing harm) in the civil law of the Republic of Uzbekistan. Within the framework of the study, the discrepancies between the normative provisions established in the Civil Code and law enforcement practice are studied. This difference is manifested, first of all, in the predominance of administrative-legal and criminal-legal approaches in the matter of compensation for damages, as well as in the fact that the damage caused to victims as a result of this is compensated not by civil-legal mechanisms, but by other legal means. Based on a comparative legal analysis of the legislation and judicial practice of developed foreign jurisdictions belonging to the Anglo-American and Continental European legal systems, the author identifies the main shortcomings in the legal regulation of tort liability in Uzbekistan. In particular, the absence of detailed and accurate methods for calculating the amount of damage, insufficient development of procedural mechanisms for exercising the right to compensation for damage, the lack of specialization of judicial bodies in this area, and the absence of a stable law enforcement practice are noted. At the end of the study, a number of scientific and practical proposals aimed at improving legislation and law enforcement practice will be put forward.
tort liability, compensation for damages, civil liability, construction defects, traffic accidents, methodology for calculating damages, comparative law, law enforcement practice
SECRETS OF PRODUCTION (KNOW-HOW) IN THE FIELD OF BIOTECHNOLOGY: THEORETICAL AND LEGAL ANALYSIS
The article aims to conduct a theoretical and legal analysis of trade secrets (know-how) in the field of biotechnology. Know-how encompasses practical knowledge, technical experience, and skills necessary for biotechnological production, but their legal regulation differs significantly across various jurisdictions. The research employs comparative legal analysis, doctrinal analysis, and case study methods to evaluate know-how protection systems in different countries. According to the study, in common law systems, know-how is protected within the broader framework of trade secrets, whereas the Russian Federation treats it as a separate intellectual property institution. The article demonstrates that Uzbekistan’s current legislation incorporates know-how within the framework of trade secret protection, while highlighting the need to improve regulation of production secrets specific to biotechnology, particularly regarding digital data protection, employee mobility in specialized technical fields, and legal protection mechanisms appropriate for complex biotechnological processes.
biotechnology, intellectual property protection, trade secrets, production secrets, know-how, digital technologies
THE POLITICAL AND LEGAL NECESSITY OF REGULATING LOBBYING IN THE LAW-MAKING PROCESS
We examine the political and legal necessity of regulating lobbying in the law-making process to promote transparency, accountability, and equal access to influence policy. Based on comparative literature from the United States, Canada, European Union, Latvia, and Poland, the study shows that such lobbying can serve as a legitimate channel for representing interests rather than corruption when properly integrated into a legal system. Using comparative-legal, analytical, and system-structural data, the research assesses Uzbekistan’s current legislative practices and highlights the risks of uncontrolled lobbying. It is argued that the Law on Lobbying will become an institutional pillar to ensure transparent interaction between government agencies and interest groups, eliminate conflicts of interest, and uphold the rule of law. The findings contribute to the modernization of Uzbekistan’s legal system and enhance public trust in democratic governance.
12.00.01 – Davlat va huquq nazariyasi va tarixi. Huquqiy ta’limotlar tarixi.
lobbying, law-making, political-legal reform, interest groups, transparency, legal policy
The Digital Age and Human Rights: Challenges in International Law
In the era of digitalization, human rights are undergoing significant changes, requiring the adaptation of international law to new challenges. The article examines the main aspects of human transformation under the influence of digital technologies such as the Internet, artificial intelligence and big data. The emphasis is placed on the issues of privacy, digital inequality, and threats associated with the use of algorithms. Examples of human rights violations are analyzed, as well as the impact of digital technologies on freedom of expression, access to information and protection from discrimination. The research methodology is based on the analysis of international legal documents, scientific theories and doctrines in the field of human rights. The author draws attention to the role of international law in protecting human rights in the digital age. The study includes both theoretical and empirical analysis, reflecting the impact of digitalization on fundamental human rights. The results of the study show that the international community is faced with the need to create new mechanisms of legal protection. An important aspect is global cooperation and the development of universal standards for regulating the digital space, preventing discrimination against algorithms and protecting vulnerable groups.
SUN’IY INTELLEKT TIZIMLARIDAN XALQARO TIJORAT MUNOSABATLARIDA FOYDALANISHNING EVOLYUTSIYASI VA HOZIRGI HOLATI
Ushbu maqolada sun’iy intellektning xalqaro tijorat munosabatlaridagi evolyutsiyasi, hozirgi holati va rivojlanish istiqbollari har tomonlama tahlil qilingan. Tadqiqotda sun’iy intellektning dastlabki ekspert tizimlaridan boshlab, bugungi kunda mashinali o‘rganish, chuqur o‘rganish, tabiiy tilni qayta ishlash va blokcheyn bilan integratsiyalashgan zamonaviy yechimlargacha bo‘lgan taraqqiyot bosqichlari yoritilgan. Xalqaro savdo moliyasi, bojxona jarayonlari, logistika va global ta’minot zanjirlarida sun’iy intellektdan foydalanishning amaliy jihatlari alohida ko‘rib chiqilgan. Shuningdek, Jahon Savdo Tashkiloti, BMT va Yevropa Ittifoqi doirasida shakllanayotgan huquqiy-me’yoriy asoslar tahlil qilinib, ularning sun’iy intellekt qo‘llanilishiga ta’siri baholangan. Maqolada sun’iy intellektning xalqaro savdoda samaradorlikni oshirishdagi roli bilan birga, huquqiy aniqlik va tartibga solish zarurati ham asoslab bergan.
Muhammad Ali Po‘latjon o‘g‘li Turdialiyev
“AVTOMOBIL YOʻLLARI TOʻGʻRISIDA”GI QONUNNING YANGI TAHRIRI LOYIHASIDA SHAFFOFLIK VA KORRUPSIYAGA QARSHI KAFOLATLARNING HUQUQIY TAHLILI
In this article, the principles of legality, openness, and transparency, enshrined in separate articles, as well as guarantees of transparency and anti-corruption defined in the draft of the new edition of the Law of the Republic of Uzbekistan “On Automobile Roads,” are analyzed from a legal perspective for the first time. The advantages of attracting the private sector through outsourcing through open tenders to the processes of operating public roads are also highlighted. The study shows that, although the norms of the law contain general provisions aimed at reducing corruption risks, their practical mechanisms are not sufficiently clearly defined. In particular, the need to introduce electronic tender systems, the publication of open data in the Open Data Standard on State Contracts (OCDS), independent financial and technical audits, a cost register based on blockchain technology, legal protection of informants, and the Integrity Pact is substantiated. International standards were analyzed using the recommendations of the World Bank, the Organization for Economic Cooperation and Development, and Transparency International, as well as the experience of Ukraine (“ProZorro”), Chile (“ChileCompra”), India, Colombia, and Poland. The research results indicate the need to develop legal and institutional proposals to ensure transparency and accountability in the implementation of road transport infrastructure projects, reduce corruption risks, and strengthen public trust.
avtomobil yoʻllari, korrupsiyaga qarshi kurashish, shaffoflik, hisobdorlik, elektron tender, Davlat shartnomalari haqidagi ochiq maʼlumotlar standarti (OCDS), mustaqil audit, halollik pakti (Integrity Pact), xabar qiluvchilar himoyasi, jamoatchilik nazorati
KIBERJINOYATCHILIK O‘SISHI ORTIDAN KIBERJINOYATCHI PORTRETIGA NAZAR
In this scientific article, the personality profile of a cybercriminal is comprehensively analyzed. While acknowledging that the emergence of computers and information technologies in human society has facilitated the fulfillment of a number of social functions and the satisfaction of people’s needs, it is emphasized that the Internet is not limited by borders, has the ability to exchange information and data on a large scale as a comprehensive tool, and presents criminals with a new criminal method – cybercrime. The author examines the peculiarities of the individuals behind cybercrime, the biological, demographic, and socio-legal characteristics of criminological significance, which are recognized as a concerning trend emerging on the scene with the widespread use of cyberspace. The article states that previously hacking was not related to criminal activity, but merely considered a skill in working with computer systems, which, like any other skill, was aimed at solving completely different problems depending on the owner’s motivation. However, it is later noted that hackers have become highly qualified individuals in the field of information technology, carrying out systematic criminal activity, among which cyberterrorists, crackers, freakers, and virusesmakers are highlighted. At the end of the research, the author revealed the typical subject of cybercrime based on the portrait of a cybercriminal and its specific features.
12.00.08 – Jinoyat huquqi. Jinoyat-ijroiya huquqi
kiberjinoyat, jinoiy qilmish, shaxs, xulq-atvor profili, shaxsiy xususiyatlar, kraker, xaker, jinoyat yoshi
JAZONI O‘TASHDAN MUDDATIDAN ILGARI SHARTLI OZOD QILISH INSTITUTINING SHAKLLANISHIGA OID ILMIY-NAZARIY VA HUQUQIY QARASHLAR
Studying the history of the formation and development of the institution of conditional early release from serving a sentence in criminal law, analyzing the results achieved during the period of this institution, and studying the reasons for the occurrence of errors made makes it possible to further improve the existing system of the practice of conditional early release from serving a sentence. The institution of conditional eajrly release from serving a sentence has existed since ancient times and was applied to a person upon the commencement of criminal prosecution, based on the nature and consequences of the criminal act committed by him, as well as the person’s behavior and attitude towards the criminal act committed. This circumstance testifies to the fact that the fundamental and philosophical foundations of today’s practice of conditional early release from serving a sentence have been formed and gradually developed. In the article, the author analyzes the views of researchers on the manifestation of the institution of conditional early release from serving a sentence in the elements of ancient law, its development in accordance with the ideas of statehood existing in the history of our country, and the emergence and formation of this institution. The stages of formation of the institution of conditional early release from serving a sentence are described in accordance with the formation of other institutions of criminal law and the nature and features of its historical development.
jazo, sud, hokimiyat, tarix, xulq-atvor, qonun, huquq, jazodan ozod qilish, mahkum, insonparvarlik, shartli ozod qilish, mafkura, tizim, jazoni o‘tash, shartli ozod qilish
АКТУАЛЬНЫЕ ПРОБЛЕМЫ ПРАВА СОБСТВЕННОСТИ НА ЛЕСНОЙ ФОНД В КАЗАХСТАНЕ И УЗБЕКИСТАНЕ
The article analyzes current problems of legal regulation of forest fund ownership in the Republic of Kazakhstan and the Republic of Uzbekistan. Property relations related to the forest fund are examined based on civil, forest, and land legislation. Special attention is paid to the works of researchers illuminating the legal status of the forest fund and forest fund lands. The analysis showed that forests in Uzbekistan are exclusively state property, which corresponds to the constitutional principle of recognizing natural resources as national property. However, such an approach creates a number of problems related to the restriction of private initiative, insufficient regulation of usage rights, and weak institutional control mechanisms. In Kazakhstan, on the contrary, along with the state form of ownership, private ownership of forest plantations of artificial origin is recognized. This opens up opportunities for attracting investments and developing market mechanisms in the forestry sector, but at the same time requires strengthening state control, preventing legal conflicts, and ensuring environmental sustainability. The article also highlights key contradictions and gaps in legal regulation, proposes measures to improve the legislative framework, digitalize cadastral accounting, and implement public-private partnership mechanisms. Comparative analysis allowed for the conclusion that effective forest management should combine ecological, economic, and legal approaches, prioritizing the protection of forests as a national treasure and a condition for sustainable development. Based on the research results, a number of scientific ideas of practical importance have been put forward.
право собственности, лесной фонд, государственная собственность, частная собственность, правовое регулирование, устойчивое развитие, экология, лесное законодательство
РАЗГРАНИЧЕНИЕ ПРЕСТУПЛЕНИЙ И АДМИНИСТРАТИВНЫХ ПРАВОНАРУШЕНИЙ В СФЕРЕ ЭКОЛОГИИ: СРАВНИТЕЛЬНО-ПРАВОВОЙ АНАЛИЗ ЗАКОНОДАТЕЛЬСТВА КАЗАХСТАНА И УЗБЕКИСТАНА
This article examines the distinction between environmental crimes and administrative offenses in the legislation of the Republic of Kazakhstan and the Republic of Uzbekistan. It analyzes the provisions of the Criminal Code and the Codes of Administrative Offenses regulating liability for violating environmental legislation. The author notes that environmental offenses come in a variety of forms, ranging from illegal logging and water pollution to poaching and failure to comply with waste management regulations. A key issue is the lack of clear criteria for distinguishing administrative offenses from environmental crimes. This leads to difficulties in law enforcement, a reduction in the preventive impact of the law, and an ineffective environmental protection system. A comparative analysis of the legislation of Kazakhstan and Uzbekistan reveals that both countries apply similar approaches, but also have significant differences due to legal policies and national priorities. The article substantiates the need to harmonize national regulations with international standards, implement objective criteria for assessing environmental damage, develop judicial practice, and apply digital monitoring technologies. Also, in this research work, the author touched on the issue of calculating damages for violations committed in the field of environmental protection. It is concluded that improving the distinction between crimes and offences will strengthen environmental safety and increase the effectiveness of sustainable environmental management.
экологические преступления, административные правонарушения, разграничение ответственности, сравнительно-правовой анализ, охрана окружающей среды, экологическая безопасность
ПРАВОВЫЕ АСПЕКТЫ СОЗДАНИЯ И ФУНКЦИОНИРОВАНИЯ ОХРАНЯЕМЫХ ПРИРОДНЫХ ТЕРРИТОРИЙ В УЗБЕКИСТАНЕ
The article examines the legal framework for regulating protected natural areas in the Republic of Uzbekistan as a key element of the state’s environmental policy. The current legislation, in particular the Law “On Protected Natural Areas” (PNA), and its practical application are considered. It is revealed that the PNA system includes various categories: state reserves, wildlife sanctuaries, nature parks, natural monuments, protected landscapes, and territories for the reproduction of individual species. Each category has a specific legal regime that determines permissible forms of economic activity and the degree of restrictions. Particular attention is paid to ecotourism as a promising area of ​​sustainable development capable of providing funding for nature conservation subject to strict compliance with environmental standards. The paper notes the following problems with the current legislation: insufficient regulation of tourism organization procedures, weak monitoring mechanisms, insufficient coordination of government agencies, and limited participation of civil society. A proposal is made to amend Article 8 of the Law “On Specially Protected Natural Areas” aimed at regulating ecotourism, including establishing standards for permissible anthropogenic load and the procedure for issuing permits. It was concluded that improving legislation and introducing modern management tools (digitalization, GIS systems, and international standards) will strengthen conservation measures, develop ecotourism, and ensure a balance between environmental objectives and the interests of society.
охраняемые природные территории, экотуризм, экологическая политика, правовое регулирование, заповедники, природные парки, устойчивое развитие, биоразнообразие
NODAVLAT NOTIJORAT TASHKILOTLARI RAMZLARI BILAN BOG‘LIQ MA’MURIY TARTIB-TAOMILLARNI TAKOMILLASHTIRISH
This article analyzes the creation of symbols of non-governmental non-commercial organizations (NGOs): coat of arms, flag, logo, emblem and other identification marks, their meaning and social significance, as well as administrative procedures for the registration and protection of these symbols on the basis of legislation. It is scientifically substantiated that NGO symbols play an important role in shaping the organization’s brand, increasing its social prestige, and visually representing its goals and objectives. Problems such as legal gaps in the process of official registration, use, and protection of symbols in the current national legislation, shortcomings in interdepartmental coordination, and inadequate data exchange were analyzed. Also, based on advanced foreign experience, proposals and recommendations were developed to strengthen effective administrative liability measures against cases of illegal use of NGO symbols, to introduce prompt, transparent, and corruption-free mechanisms through comprehensive protection of intellectual property rights and digitalization of these processes. The research results will serve to strengthen the legal status of NGOs, increase their social prestige, develop civil society institutions, and further strengthen mutual trust between the state and society.
12.00.02 – Konstitutsiyaviy huquq. Ma’muriy huquq. Moliya va bojxona huquqi.
nodavlat notijorat tashkilotlari, ramzlar, gerb, bayroq, logotip, ma’muriy tartib-taomillar, huquqiy himoya, intellektual mulk