Review of Law Sciences最新文献_第6页

THE ROLE OF EXTREME NECESSITY AS AN EXCULPATORY CIRCUMSTANCE IN THE CRIMINAL LAW OF SOME FOREIGN COUNTRIES 国外刑法中极端需要作为免责情节的作用

Review of Law Sciences Pub Date : 2022-07-19 DOI: 10.51788/tsul.rols.2022.6.2./rpyb2696

Marjona Jumanazarova

{"title":"THE ROLE OF EXTREME NECESSITY AS AN EXCULPATORY CIRCUMSTANCE IN THE CRIMINAL LAW OF SOME FOREIGN COUNTRIES","authors":"Marjona Jumanazarova","doi":"10.51788/tsul.rols.2022.6.2./rpyb2696","DOIUrl":"https://doi.org/10.51788/tsul.rols.2022.6.2./rpyb2696","url":null,"abstract":"The legal nature, peculiarity, and limit of extreme necessity as an exculpatory circumstance are studied in this article by analyzing the legislation of foreign countries and several proposals have been developed on the issue of improving national criminal legislation. Theoretical and practical conclusions were made based on studying the criminal legislation of more than 10 foreign countries. The norms of extreme necessity in the legislation of the Romano-Germanic and Anglo-Saxon legal systems are analyzed and their specificity is highlighted. The place of the norm of extreme necessity in the criminal codes of foreign countries, the requirements for it, the conditions of legality concerning risk, and the features of exemption from liability and punishment are discussed. Particular attention was paid to the objects protected by the application of the right of extreme necessity, and to the fact that the objects are treated differently in different countries. As a result of the analysis of foreign experience, proposals and recommendations have been developed for incorporating the achievements of the most advanced countries in the field of criminal law into national criminal law.","PeriodicalId":102464,"journal":{"name":"Review of Law Sciences","volume":"20 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-07-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126462377","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}

引用次数: 0

WTO DISPUTE SETTLEMENT AND THE CHALLENGES AROUND IT Wto争端解决机制及其面临的挑战

Review of Law Sciences Pub Date : 2022-07-19 DOI: 10.51788/tsul.rols.2022.6.2./vqwl9830

A. Juraeva, Khumoyun Soyipov, Wang Chaoen

引用次数: 0

SPECIFIC FEATURES OF AMENDMENT AND CANCELLATION OF ADMINISTRATIVE DOCUMENT AND THE NEED FOR ITS IMPROVEMENT 行政文件变更撤销的具体特点及改进的必要性

Review of Law Sciences Pub Date : 2022-07-19 DOI: 10.51788/tsul.rols.2022.6.2./gojj8497

Bunyod Azizov

{"title":"SPECIFIC FEATURES OF AMENDMENT AND CANCELLATION OF ADMINISTRATIVE DOCUMENT AND THE NEED FOR ITS IMPROVEMENT","authors":"Bunyod Azizov","doi":"10.51788/tsul.rols.2022.6.2./gojj8497","DOIUrl":"https://doi.org/10.51788/tsul.rols.2022.6.2./gojj8497","url":null,"abstract":"The article provides a scientific and theoretical analysis of the procedures for amending, cancelling and invalidating an administrative document based on the experience of foreign countries and the current law of the Republic of Uzbekistan. The existing problems in the legislation and relevant aspects of their solution are disclosed when amending, cancelling or invalidating an administrative document. The experience of foreign countries has shown that various ways of amending, cancelling and invalidating an administrative document exist and are effectively used. A clear definition of these mechanisms makes it possible to resolve such disputes through a single procedure. This will avoid unnecessary spending of time and money of citizens, as well as save the resources of the state. Based on the legislation of foreign countries, the legislation of the Republic of Uzbekistan has developed proposals for specifying mechanisms for resolving administrative disputes, amending, cancelling and invalidating an administrative document, improving the procedure for applying the principle of trust protection. The implementation of these proposals in practice will contribute to the elimination of legal gaps in legislation and the establishment of unified legal mechanisms.","PeriodicalId":102464,"journal":{"name":"Review of Law Sciences","volume":"70 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-07-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133827836","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}

引用次数: 0

CONTEMPORARY TRENDS IN INSOLVENCY REGULATION 破产监管的当代趋势

Review of Law Sciences Pub Date : 2022-07-19 DOI: 10.51788/tsul.rols.2022.6.2./snti7457

Bekhzod Hudaybergenov

{"title":"CONTEMPORARY TRENDS IN INSOLVENCY REGULATION","authors":"Bekhzod Hudaybergenov","doi":"10.51788/tsul.rols.2022.6.2./snti7457","DOIUrl":"https://doi.org/10.51788/tsul.rols.2022.6.2./snti7457","url":null,"abstract":"This article examines approaches to the legal regulation of insolvency. In particular, the procreditor and prodebitor regimes adopted by the state are analyzed, and their features and differences are described. There are scientific conclusions about the regime of insolvency based on the legislation of Uzbekistan, and the type of legislation that serves the interests of participants in civil attitudes. Particular attention has been paid to the objectives of the credit policy when establishing insolvency regimes, based on two goals – fair distribution of risks and maximizing the value of the debtor’s assets. The models of insolvency regulation are analyzed from the example of the countries of Europe and the USA, their experience is compared with the practice of Uzbekistan. In particular, it has been established that rehabilitation norms appeared in US legislation and were subsequently used as a model in European countries, and the legislation of many countries is currently improving its legislation on the rehabilitation of the debtor. Analytical conclusions, ideas, and recommendations have also been developed on the need to improve the concept of insolvency in Uzbekistan and the priorities that should be reflected in it.","PeriodicalId":102464,"journal":{"name":"Review of Law Sciences","volume":"15 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-07-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115376954","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}

引用次数: 0

DIVORTION OF MARRIAGE AT THE APPLICATION OF BOTH SPOUSES UNDER THE LEGISLATION OF THE REPUBLIC OF UZBEKISTAN: FEATURES AND WAYS OF IMPROVEMENT 乌兹别克斯坦共和国法律规定的配偶双方提出的婚姻离婚:特点和改进途径

Review of Law Sciences Pub Date : 2022-07-19 DOI: 10.51788/tsul.rols.2022.6.2./xlzh8854

Leyla Burkhanova

{"title":"DIVORTION OF MARRIAGE AT THE APPLICATION OF BOTH SPOUSES UNDER THE LEGISLATION OF THE REPUBLIC OF UZBEKISTAN: FEATURES AND WAYS OF IMPROVEMENT","authors":"Leyla Burkhanova","doi":"10.51788/tsul.rols.2022.6.2./xlzh8854","DOIUrl":"https://doi.org/10.51788/tsul.rols.2022.6.2./xlzh8854","url":null,"abstract":"In the article, the approach to considering the issues of divorce at the request of both spouses was carried out based on a provision that determines that divorce in the registry office should take into account certain points and directions for the implementation of preventive work to strengthen both the moral and material values of the family. The definition of divorce is given based on the analysis of the norms of the family legislation of the Republic of Uzbekistan, as well as the procedure for dissolution of marriage at the request of both spouses in an administrative manner. The rationale and certain advantages of the divorce procedure in the administrative order, that is, in the registry office, are given. An opinion was expressed regarding the passivity of the registry office in the procedure for dissolution of marriage in the study of the reasons for the desire of spouses to dissolve the marriage. The positive aspects of the use of pre-trial settlement of divorce issues based on the use of the mediation procedure as a method aimed at quick and qualified settlement of disputes between persons dissolving a marriage are considered. The foreign experience of legal regulation of divorce in the administrative order is also considered. Proposals have been formulated to improve the norms of family law governing the state registration of divorce administratively.","PeriodicalId":102464,"journal":{"name":"Review of Law Sciences","volume":"6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-07-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124227983","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}

引用次数: 0

SCIENTIFIC AND THEORETICAL ANALYSIS OF NORMATIVE AND LEGAL ACTS ON THE PROTECTION AND USE OF WILDLIFE 对保护和利用野生动物的规范和法律行为进行科学和理论分析

Review of Law Sciences Pub Date : 2022-03-15 DOI: 10.51788/tsul.rols.2022.6.1./jtwr4950

O. Narzullaev

引用次数: 0

MITIGATING FACTORS AND CRIMINAL DEFENSES IN CRIMINAL LEGISLATION OF THE KINGDOM OF NETHERLANDS (COMPARATIVE ANALYSIS) 荷兰王国刑事立法中的减刑因素和刑事辩护(比较分析)

Review of Law Sciences Pub Date : 2022-03-15 DOI: 10.51788/tsul.rols.2022.6.1./trii3698

Bunyod Islomov

{"title":"MITIGATING FACTORS AND CRIMINAL DEFENSES IN CRIMINAL LEGISLATION OF THE KINGDOM OF NETHERLANDS (COMPARATIVE ANALYSIS)","authors":"Bunyod Islomov","doi":"10.51788/tsul.rols.2022.6.1./trii3698","DOIUrl":"https://doi.org/10.51788/tsul.rols.2022.6.1./trii3698","url":null,"abstract":"This article provides a comparative analysis of the criminal legislation of the Netherlands in terms of consideration of the mitigating factors and criminal defenses. This paper provides an overall exploration of mitigation of sentence institute in accordance with the present edition of the Penal Code of the Netherlands, adopted on March 3, 1881, and entered into force from September 1, 1886, and the existing edition of the Criminal Code of the Republic of Uzbekistan, adopted on September 22 and entered into force from April 1, 1995, including the issues on determining the punishment for the criminal offenses committed in mental disorder as well as insanity and diminished responsibility, for not completed offenses and the criminal complicity, exemption from liability and punishment, including criminal defenses and voluntary rejection from crime as per of Netherlands’ criminal legislation. Pursuant to the results of the conducted analysis, similar and different sides of current criminal laws have been clarified, decisions on the concluded analysis and final conclusion on the implementation of some criminal law norms to the criminal law of the Republic of Uzbekistan have been provided.","PeriodicalId":102464,"journal":{"name":"Review of Law Sciences","volume":"2 3 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-03-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126188247","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}

引用次数: 0

LEGAL REGULATION OF ADMINISTRATIVE LIABILITY FOR INFRACTIONS IN THE FIELD OF TAX ASSESSMENT IN THE REPUBLIC OF KAZAKHSTAN AND IN THE REPUBLIC OF UZBEKISTAN 哈萨克斯坦共和国和乌兹别克斯坦共和国税收评估领域违法行政责任的法律规制

Review of Law Sciences Pub Date : 2022-03-15 DOI: 10.51788/tsul.rols.2022.6.1./fptg4754

A. Kusainova

{"title":"LEGAL REGULATION OF ADMINISTRATIVE LIABILITY FOR INFRACTIONS IN THE FIELD OF TAX ASSESSMENT IN THE REPUBLIC OF KAZAKHSTAN AND IN THE REPUBLIC OF UZBEKISTAN","authors":"A. Kusainova","doi":"10.51788/tsul.rols.2022.6.1./fptg4754","DOIUrl":"https://doi.org/10.51788/tsul.rols.2022.6.1./fptg4754","url":null,"abstract":"This article is devoted to the comparative legal analysis of the legislation regulating administrative liability in the field of tax assessment in the Republic of Kazakhstan and in the Republic of Uzbekistan. The article gives a holistic view of the administrative liability for the commission of infractions in the field of tax assessment in the two countries and its current problems in theory and law enforcement. The article reflects the opinions of scientists who have previously studied the problems of administrative liability, as well as scientists who have studied certain issues of administrative liability for committing infractions in the field of tax assessment. Also, the article reflects the peculiarities of the legislation regulating administrative liability in the field of tax assessment in the two countries. As the study of the legislation of the two countries has shown, the subjects of administrative liability in Uzbekistan are individuals and officials, whereas in Kazakhstan, legal entities also belong to the subjects of administrative liability. This article reveals the specifics of the application of administrative sanctions, the procedure for resolving cases of administrative infractions, and the revision of resolutions on cases of administrative infractions in the field of tax assessment and their execution. In the article, the author indicates proposals for further improvement of the legislation under study.","PeriodicalId":102464,"journal":{"name":"Review of Law Sciences","volume":"83 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-03-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133686201","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}

引用次数: 0

NON-PARLIAMENTARY WAY OF FORMING GOVERNMENT IN FOREIGN COUNTRIES: COMPARATIVE-LEGAL ANALYSIS 国外非议会制政府:比较法学分析

Review of Law Sciences Pub Date : 2022-03-15 DOI: 10.51788/tsul.rols.2022.6.1./bwcm8290

Ahrorhon Hoshimkhonov

{"title":"NON-PARLIAMENTARY WAY OF FORMING GOVERNMENT IN FOREIGN COUNTRIES: COMPARATIVE-LEGAL ANALYSIS","authors":"Ahrorhon Hoshimkhonov","doi":"10.51788/tsul.rols.2022.6.1./bwcm8290","DOIUrl":"https://doi.org/10.51788/tsul.rols.2022.6.1./bwcm8290","url":null,"abstract":"This article discusses one of the ways to form a government - an extra-parliamentary method, and in the process of studying the opinions of legal experts in this area and studying the constitutional and legal foundations for the formation of executive power abroad, its specific features are revealed. The constitutional and legal practice of foreign countries was also analyzed to bring the government to political responsibility. Although in different countries the state exercises different powers in the sphere of public life, in all developed democracies the state represents the protection of the rights, interests and freedoms of citizens as the basis of its activities. The execution of laws adopted by the representatives of the people elected by these citizens is ensured directly on the basis of the activities of the government and the legal acts adopted by it. The order of formation of the government and the affiliation of the executive power depends primarily on the form of government of a particular state. In addition, important aspects of the legal status of the President of the Republic of Uzbekistan as the head of state are demonstrated through the analysis of the legal framework. This is the basis for the conclusions about the establishment and implementation of constitutional procedures and principles for the resignation of the government and its members in parliamentary states.","PeriodicalId":102464,"journal":{"name":"Review of Law Sciences","volume":"6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-03-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131008519","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}

引用次数: 0

CRIMINAL LIABILITY FOR FAILURE TO FULFILL OBLIGATIONS TO PAY FUNDS FOR KEEPING CHILDREN IN THE REPUBLIC OF KAZAKHSTAN 未履行在哈萨克斯坦共和国抚养儿童的义务支付费用的刑事责任

Review of Law Sciences Pub Date : 2022-03-15 DOI: 10.51788/tsul.rols.2022.6.1./qxlz3791

A. Temirova

{"title":"CRIMINAL LIABILITY FOR FAILURE TO FULFILL OBLIGATIONS TO PAY FUNDS FOR KEEPING CHILDREN IN THE REPUBLIC OF KAZAKHSTAN","authors":"A. Temirova","doi":"10.51788/tsul.rols.2022.6.1./qxlz3791","DOIUrl":"https://doi.org/10.51788/tsul.rols.2022.6.1./qxlz3791","url":null,"abstract":"The protection of the interests of the family and the child in the Republic of Kazakhstan is proclaimed at the constitutional level and enshrined in the provision of Article 27 of the Constitution of the Republic of Kazakhstan. According to this provision of the Constitution of the Republic of Kazakhstan, marriage and family, motherhood, fatherhood and childhood are under the protection of the state. Caring for and raising children is a natural right and responsibility of parents. At the same time, a huge number of violations of the rights of minor children is associated precisely with the process of executing judicial acts on the recovery of alimony, determining their amount, as well as the issues of bringing debtors to criminal liability for evading alimony payments. As of the 1st quarter of 2021 alone, the alimony debt amounted to more than 12 billion tenges, of which about 5 billion tenges are not repaid at all. Article 139 of the Criminal Code of the Republic of Kazakhstan establishes criminal liability for failure to fulfill obligations to pay funds for the maintenance of children. At the same time, the issues of bringing debtors to criminal liability under this article remain problematic. The reasons for this situation are the insufficient effectiveness of the current legislation, the lack of legal mechanisms for regulating the issues of bringing debtors to justice. This is facilitated by such factors as the partial repayment by the debtor of the amount owed on alimony obligations, the lack of legislative consolidation of the concept of «evasion», etc.","PeriodicalId":102464,"journal":{"name":"Review of Law Sciences","volume":"49 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-03-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126791042","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}

引用次数: 0