Review of Law Sciences最新文献

{"title":"ORGANIZATIONAL AND LEGAL ISSUES OF STATE SUPPORT FOR INTELLECTUAL PROPERTY RIGHTS MANAGEMENT AND TECHNOLOGY TRANSFER","authors":"Bakhshillo Khojaev","doi":"10.51788/tsul.rols.2023.7.2./eyhh2399","DOIUrl":"https://doi.org/10.51788/tsul.rols.2023.7.2./eyhh2399","url":null,"abstract":"This article discusses the role and importance of state support in the management of intellectual property rights and technology transfer. The issues of domestic and foreign experience of state programs in this direction are discussed. In particular, the organizational and legal framework of IT technology transfer in Uzbekistan, as an example of India and the Republic of Belarus, was analyzed. The aspect of state participation in intellectual property management from the perspective of not only public but also private law is touched upon. This is demonstrated by the experience of the European Union. At the same time, the issues of improving contractual and legal mechanisms for regulation of technology transfer in IT parks and the expected results were discussed. Comparative legal analysis, methods of logical interpretation, and systematization were chosen as the main methods in this study. Also in the study, the expression of norms of technology transfer is analyzed, and ideas for further improvement of the existing situation in comparison with the legislation of foreign countries are put forward.","PeriodicalId":102464,"journal":{"name":"Review of Law Sciences","volume":"6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127717371","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"THEORETICAL AND LEGAL ASPECTS OF THE CONCEPT OF FOREIGN INVESTMENTS","authors":"Avazbek Yuldashbekov, D. Kadyrova","doi":"10.51788/tsul.rols.2023.7.2./ybiv5039","DOIUrl":"https://doi.org/10.51788/tsul.rols.2023.7.2./ybiv5039","url":null,"abstract":"Protection of the rights of foreign investments and investors, improvement of legal documents for their registration, and determination of prospects in a market economy are one of the urgent tasks of our time. The reforms consistently carried out by our state in the social and economic spheres are yielding positive results. Today, when foreign enterprises and joint ventures with foreign investments operate in our republic, we can observe that, first of all, laws have been adopted that protect their rights and interests, and due to this, investment transparency has been ensured. Despite the ongoing reforms, the analysis shows that foreign investors do not have full rights to carry out their activities, the mechanism for their implementation is not sufficiently developed, and the presence of certain obstacles, including conflicting norms in the legislation, indicates the need to explore this area. This article analyzes the interpretation of the concept of “foreign investment” in our national legislation and the attitude of scientists toward this concept.","PeriodicalId":102464,"journal":{"name":"Review of Law Sciences","volume":"34 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133745076","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"LEGAL INSTRUMENTS OF THE PROTECTION OF FOREIGN INVESTMENT IN ACCORDANCE WITH THE PROVISIONS OF THE BILATERAL INVESTMENT AGREEMENT: EXPERIENCE OF THE REPUBLIC OF UZBEKISTAN","authors":"Artur Valeev","doi":"10.51788/tsul.rols.2023.7.2./zybh8064","DOIUrl":"https://doi.org/10.51788/tsul.rols.2023.7.2./zybh8064","url":null,"abstract":"The author of the article analyzes the current state of bilateral investment agreements on mutual protection and promotion of investments to which the Republic of Uzbekistan is a signatory (previously adopted provisions, innovations, and analytical and scientific works are also mentioned). In particular, the author focused the Legislator’s attention on investment activities, ensuring proper protection of investments, the importance of investments in modern realities, the role of state bodies in regulating investment activities aimed at economic growth, and creating additional opportunities for foreign investors. At the same time, the author indicates that at a time when the procedure for implementing standard investment agreements has already been developed in many countries, such practice in Uzbekistan has not yet acquired so much importance, which is also determined by the lack of a legal and scientific basis, which in turn leads to gaps, ambiguities, and misunderstandings of the importance of legal regulation. Also, the paper reflects the main catalytic aspects of the application of the principles of international investment law and various mechanisms for the protection of foreign investments in order to prevent the further course of a foreign investor in arbitration. The article takes into account the role of international investment agreements, especially bilateral ones, which consist of guaranteeing the stability of the regime for foreign investors, providing them with appropriate incentives, and the common interests of both foreign investors in capital and the countries where investments are made. In order to further develop the direction of developing and implementing modern mechanisms for the protection of foreign investors and the state, the researcher studied foreign experience, scientific papers, and precedents and made appropriate proposals and recommendations on drafting or amending bilateral investment agreements to which the Republic of Uzbekistan is a party.","PeriodicalId":102464,"journal":{"name":"Review of Law Sciences","volume":"10 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125841988","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"SCIENTIFIC AND THEORETICAL ASPECTS OF PROHIBITIONS (LIMITATIONS) THAT CAN BE ESTABLISHED FOR THE CHOSEN PERSON IN THE STYLE OF HOUSE ARREST","authors":"D. Abdullayev","doi":"10.51788/tsul.rols.2023.7.2./lhvo3632","DOIUrl":"https://doi.org/10.51788/tsul.rols.2023.7.2./lhvo3632","url":null,"abstract":"According to the criminal procedural law, house arrest should be taken into account when there are grounds for choosing a preventive measure in the form of detention against a suspect, accused, or defendant, taking into account his age, state of health, family situation, and other circumstances. applied in cases of non-conformity, and certain prohibitions (restrictions) provided for by the law are established against the person. In this article, the concept of prohibitions (restrictions) that can be imposed by the author on a person selected as a criminal-procedural precaution, their types, application procedure, and scientific-theoretical aspects of their content are presented by foreign experts and local It is covered in detail through a comparative analysis of researchers’ opinions. Moreover, in the article, on the basis of foreign and national legislation and legal norms, the prohibitions (restrictions) applied to the person who was placed under house arrest, which arose in the practice of law enforcement and caused controversy among practicing lawyers possible problems are discussed, and conclusions and suggestions for their elimination are given.","PeriodicalId":102464,"journal":{"name":"Review of Law Sciences","volume":"10 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128419874","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"DEFECTS IN TRANSACTION CAPACITY AND PROBLEMS IN ITS DETERMINATION","authors":"M. Usmonova","doi":"10.51788/tsul.rols.2023.7.2./lqnz3050","DOIUrl":"https://doi.org/10.51788/tsul.rols.2023.7.2./lqnz3050","url":null,"abstract":"Determining whether or not there is a defect in the capacity of the people to negotiate is the basis for determining the validity or invalidity of the agreements or contracts being concluded. The large number of factors affecting the will and intellectual state of the participants in civil relations is the reason that contractual and legal relations do not proceed with justice. Due to the violation of the state of the will, people cannot control their behavior, and changes in the intellectual state lead to the inability to understand the actions. In the modern world, there are various means that cause impairment of the ability to deal, and some of them are not regulated in our legislation. This article analyzes the possibilities of using technological methods to determine the state of the human psyche at the conclusion of a deal. Also, in the article, the different views of scientists on the factors that affect the human mind and cause the appearance of a defect in the ability to deal with them were studied, and the author gave the necessary opinions.","PeriodicalId":102464,"journal":{"name":"Review of Law Sciences","volume":"42 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127989799","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"LEGAL EXPERTISE AS THE MAIN STAGE OF NORM MAKING","authors":"Azizjon Khujanazarov","doi":"10.51788/tsul.rols.2023.7.1./lcmp8053","DOIUrl":"https://doi.org/10.51788/tsul.rols.2023.7.1./lcmp8053","url":null,"abstract":"Today, in jurisprudence, the topic of “rule-making” is one of the most important research topics. Rule-making activities include the development of legal documents, the coordination of projects with interested authorities and public discussion, as well as the conduct of legal and other types of expertise. It should be noted that the legal expertise of draft normative legal documents is one of the main stages of rule-making activity. At the stage of legal expertise of draft regulatory documents, the compliance of official documents of a regulatory nature with the current legislation is consistently studied. Based on this, this scientific article carefully analyzes the theoretical and legal issues related to the legal expertise of draft regulatory legal documents and the activities of state bodies involved at this stage. Also in the article, as the main stage of rule-making, the legal examination of draft regulatory legal documents on the basis of existing legal norms is disclosed in detail. Based on the analysis of advanced foreign experience, the foreign practice of legal expertise of draft regulatory legal documents has been studied. Based on the theme, proposals and recommendations aimed at improving law enforcement practice and national legislation have been developed.","PeriodicalId":102464,"journal":{"name":"Review of Law Sciences","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130487245","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"ACTIVITIES OF SPECIALLY AUTHORIZED GOVERNMENT BODIES IN THE FIELD OF ECOLOGY IN THE REPUBLIC OF UZBEKISTAN: THEORETICAL AND LEGAL ANALYSIS","authors":"Adkhamjon Akhrorov","doi":"10.51788/tsul.rols.2023.7.1./tdvx7627","DOIUrl":"https://doi.org/10.51788/tsul.rols.2023.7.1./tdvx7627","url":null,"abstract":"This article analyzes the concept, purpose, object and system of activities of specially authorized government bodies in the field of ecology. In addition, the scientific opinions of legal scholars on the issues of “public administration”, “government bodies in the field of ecology”, “competencies” and the system of state administration bodies regulating the sphere are analyzed. The author’s definitions of the concepts of “public administration in the field of ecology” and “competence of the state administration body in the field of ecology” have been developed. It is also theoretically substantiated that the competence of these government bodies is of great importance when dividing the system of government bodies regulating the sphere of ecology into 3 types. At the same time, an important aspect in determining the competence of the management body regulating the environmental sphere is to achieve the necessary correspondence between functions and competencies. In this case, first of all, the content of the powers should fully correspond to the content of the functions of the relevant management body, and the scope of the powers of the public administration body should correspond to the scope of the functions performed by it, in relation to each object of control everything should be determined and justified that it should effectively ensure implementation. At the end of the study, the necessity of optimizing the system of competent government bodies that regulate the sphere of ecology in our country is substantiated.","PeriodicalId":102464,"journal":{"name":"Review of Law Sciences","volume":"119 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116713726","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"MECHANISMS FOR STAFFING THE POSITIONS OF THE STATE CIVIL SERVICE","authors":"D. Rakhimov","doi":"10.51788/tsul.rols.2023.7.1./rccf6480","DOIUrl":"https://doi.org/10.51788/tsul.rols.2023.7.1./rccf6480","url":null,"abstract":"The article aims to analyze the mechanisms and procedures for recruiting personnel to the positions of the state civil service. The article analyzes the methods of training and selection of personnel for the job groups of the state civil service. According to it, two different procedures for entering the state civil service are distinguished. According to the first regulation, the procedure for the appointment and dismissal of state civil servants belonging to a political group is determined by separate laws and decisions of the President of the Republic of Uzbekistan. According to the second regulation, a competition is held for the state civil service positions related to management and specialist groups. In turn, an internal competition is held for the positions of the state civil service related to management groups, and an external competition is held for the positions of the state civil service related to specialist groups. The article analyzes the procedures of the elections and statistical data of the elections held in 2020-2022. The author researched the National Personnel Reserve system for the formation of managerial personnel. Effective mechanisms of effective use of the National Personnel Reserve have been put forward. Based on the research, a number of suggestions and recommendations have been put forward regarding the improvement of the state civil service staffing system.","PeriodicalId":102464,"journal":{"name":"Review of Law Sciences","volume":"125 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130615138","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"PROSPECTS FOR THE DEVELOPMENT OF THE CONCEPT OF THE UN SUSTAINABLE DEVELOPMENT GOALS","authors":"N. Allaberganova, Muyassar Abdumannabova","doi":"10.51788/tsul.rols.2023.7.1./udpd6348","DOIUrl":"https://doi.org/10.51788/tsul.rols.2023.7.1./udpd6348","url":null,"abstract":"In this article, the authors reveal the long-term development of Sustainable Development Goals in various states over a period of 15 years. The work reveals the necessity, obstacles, and foreign experience of countries that have implemented some priority sustainable development goals. The article reveals in detail the need to establish further design plans for the Republic of Uzbekistan with the goal of sustainable development. In this context, there are three most pressing problems that are awaiting analysis and solution by the government and implementation in public relations. Foreign experience in the implementation of Sustainable Development Goals and the analysis of national regulatory legal acts are given. The article touches on fundamental global problems at the international level. A legal analysis of regulatory legal acts aimed at the implementation of sustainable development goals is also provided. The article does not analyze everything, but only a few basic and large-scale goals, which additionally absorb other goals as well. The article states that at present, many states have made their priorities fight against poverty, ensuring gender equality in society, and the preservation of biodiversity or ecosystems.","PeriodicalId":102464,"journal":{"name":"Review of Law Sciences","volume":"40 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123720277","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"THE CONCEPT OF SEARCH AND ITS PLACE IN THE SYSTEM OF OTHER INVESTIGATIVE ACTIONS","authors":"B. Muradov, Vokhidzhon Khomidov","doi":"10.51788/tsul.rols.2023.7.1./kxln2391","DOIUrl":"https://doi.org/10.51788/tsul.rols.2023.7.1./kxln2391","url":null,"abstract":"This article considers the concept of investigative action and search process, the essence of operational and investigative action, the opinions of scientists who conducted research on this subject, ensuring the priority of criminal procedural norms at the stage of referral to court, the criteria by which investigative actions can be distinguished from criminal procedural actions, the place of search and investigative action in the system of other investigative actions. The definition of the search and investigative action is not expressed in the legal documents, and there are some inaccuracies in the correct understanding of the content of this investigative action in investigative practice and its correct application, such incidents occur in cases where in judicial and investigative practice the search should be performed. Differences in the conduct of such investigative actions as inspection, seizure, examination of evidence at the scene of the incident, or testimony are specified in the Law of the Republic of Uzbekistan “On Operative-Investigative Activity”: “Inspection of residential and other places, buildings, structures, land, technical and vehicles” and “Detained persons, their belongings and documents, as well as their vehicles may be inspected in the manner prescribed by law”. Investigative actions, common and different from the procedure provided by Chapter XXI of the Code of Administrative Responsibility, which defines administrative detention, inspection of things and vehicles, confiscation of things and documents, are justified.","PeriodicalId":102464,"journal":{"name":"Review of Law Sciences","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129525094","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}