Review of Law Sciences最新文献

{"title":"ECOLOGY AND ENVIRONMENTAL PROTECTION - PROTECTED BY CONSTITUTION","authors":"Mirzohid Polatov","doi":"10.51788/tsul.rols.2021.5.4./baah1830","DOIUrl":"https://doi.org/10.51788/tsul.rols.2021.5.4./baah1830","url":null,"abstract":"The article analyzes issues related to environmental protection, rational use of natural resources, human health and environmental pollution, lack of water, decreased soil fertility, depletion of the ozone layer, an increase in average temperature, as well as human life and health. As a result of this analysis, recommendations were made for improving legislation in the field of ecology and the environment. In addition, the article discusses ecological and ecological problems, in particular, the urgent ecological problem of the loss of global biodiversity, environmental pollution, water scarcity, a decrease in soil fertility, depletion of the ozone layer, an increase in the average temperature of the atmosphere, such as the most serious threats to humans. life and health, for example, exposure to various environmental threats. The article also discusses the issues of improving the regulatory framework for the provision of land plots for economic purposes through a broad comparative legal analysis of domestic and foreign experience. The article also contains proposals and conclusions on improving the system of public administration in the field of ecology and environmental protection, as well as penalties for violating the rules for the use of land plots allocated for economic purposes.","PeriodicalId":102464,"journal":{"name":"Review of Law Sciences","volume":"414 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123570504","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":"COUNTERING RAIDING: WORLD EXPERIENCE","authors":"B. Khamitov","doi":"10.51788/tsul.rols.2021.5.4./obwp5514","DOIUrl":"https://doi.org/10.51788/tsul.rols.2021.5.4./obwp5514","url":null,"abstract":"In the conditions of the modern market economy in Kazakhstan, criminal elements actively practice the use of the mechanism of raider seizures of firms and enterprises. The measures taken by the state to counter raiding do not bring proper results, as a result, its negative consequences affect the pace of economic development and security of the country. The purpose of this study is to identify, generalize and analyze the theoretical and practical aspects of countering raiding, taking into account world experience, as well as to develop scientifically sound recommendations for improving the effectiveness of criminal law and criminological measures. The subject of the study is foreign legislation regulating the processes of mergers and acquisitions, as well as mechanisms for countering crimes committed during the implementation of these processes. The objectives of the research are: to study foreign experience in the field of countering raiding and to develop an effective mechanism for protecting business from raider seizures. Methodological basis of the research: The use of general scientific methods of cognition: comparative legal. The article analyzes the experience of economically developed countries of the world in countering raiding, methods and methods of seizure, including counteraction measures, as well as the possibility of its transformation into national legislation. With the development of technologies and the increase in the effectiveness of anti-raiding measures, schemes and types of raiding are changing. In this connection, the mechanisms of transition from a hostile takeover to a friendly one are considered. The theoretical study of the world experience of countering raiding and the generalizations and conclusions made at the same time not only prove the value of the accumulated experience, but also provide an opportunity to develop their own model of counteraction. In addition, the problem of criminal liability for raiding is considered, the legislation on the covered issue is analyzed, where the author expresses his own point of view on this issue. Insufficient research on this topic in Kazakhstan determines its relevance.","PeriodicalId":102464,"journal":{"name":"Review of Law Sciences","volume":"87 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132540657","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":"ONLINE LITIGATION – A NEW STAGE IN THE VIRTUALIZATION OF CIVIL PROCEEDINGS","authors":"O. Pirmatov","doi":"10.51788/tsul.rols.2021.5.4./gott6597","DOIUrl":"https://doi.org/10.51788/tsul.rols.2021.5.4./gott6597","url":null,"abstract":"This article discusses the issue of introducing in our country the conduct of online court hearings along with the video conferencing mode. It was emphasized that online court hearings allow our citizens to defend their rights and legitimate interests from home during the Covid-19 pandemic. It is argued that at the online court sessions, the parties can attend the court session from their home, from work. The opinions of scientists from foreign countries on the conduct of online court hearings are presented. This article also analyzes the procedure for conducting synchronous and asynchronous court hearings, which is unusual for the Republic of Uzbekistan. At the same time, aspects of online court hearings are highlighted, which take precedence over video conferencing. The process of online court hearings on special platforms of courts of such countries as the USA, France, England, the Republic of Kazakhstan, France is covered. Online litigation facilitates access to justice, expedites dispute resolution and helps save litigation costs by streamlining online litigation. It also assists in the development of draft judgments for judges, which results in reduced workload for judges, allowing online courts to assess or analyze the quality of judicial services.","PeriodicalId":102464,"journal":{"name":"Review of Law Sciences","volume":"44 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114718907","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":"SOME PROBLEMS OF DETERMINING THE CIVIL STATUS OF THE VIRTUAL WORLD AND ITS OBJECTS","authors":"Eduard Egamberdiev","doi":"10.51788/tsul.rols.2021.5.4./bsvy8735","DOIUrl":"https://doi.org/10.51788/tsul.rols.2021.5.4./bsvy8735","url":null,"abstract":"The article analyzes the problems of determining the legal status of the virtual world and objects in it, examines the theory of virtual property and gives the relationship between property and intellectual property rights to regulate relations arising in the virtual world. The author, on the basis of the analysis carried out, puts forward a proposal on the need to regulate relations in the field of creating computer codes to gain access to the virtual world using intellectual property norms, since the creative work of a person is involved, and to use the norms of property rights in relations of ownership of objects of the virtual world - domain names, URLs (uniform resource locators), websites, email accounts, crypto assets, items (artifacts and enhancements) in online multiplayer games. The author is developing a proposal on the need to supplement the current Civil Code of the Republic of Uzbekistan with a category of virtual property, which certifies the owner’s right in relation to the objects of the virtual world. The author studies the theoretical statements of legal scholars regarding the status of virtual property, and comes to the conclusion that relations in the virtual space should be regulated by the norms of intellectual property and property law, while both institutions should not compete and mutually exclude each other, but, on the contrary, regulate in virtual space relationships based on their essence.","PeriodicalId":102464,"journal":{"name":"Review of Law Sciences","volume":"30 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126726912","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":"SOME COMMENTS ON THE OBJECT OF CRIMES RELATED TO THE PROPERTY INTERESTS OF A CIVIL SERVANTA","authors":"Furkat Djalilov","doi":"10.51788/tsul.rols.2021.5.4./tamn3377","DOIUrl":"https://doi.org/10.51788/tsul.rols.2021.5.4./tamn3377","url":null,"abstract":"In this article, some considerations on the object of crimes related to the property interests of civil servants are studied and analyzed in detail. A special object of crimes related to the property interests of a civil servant should be considered social relations that ensure the normal functioning of the state mechanism.Crimes related to the property interests of a civil servant, in turn, have been analyzed by studying the work of a number of scholars as to whether they harm certain social relations prohibited by the CC or pose a real risk of such damage.","PeriodicalId":102464,"journal":{"name":"Review of Law Sciences","volume":"456 ","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114096930","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":"ANALYSIS OF THE THEORETICAL BASIS OF PARTICIPATION OF CITIZENS IN THE PROCESS OF RULE-MAKING","authors":"Botir Boymurodov","doi":"10.51788/tsul.rols.2021.5.4./tisn1684","DOIUrl":"https://doi.org/10.51788/tsul.rols.2021.5.4./tisn1684","url":null,"abstract":"The article analyzes the concept of rule-making, its differences from law-making, as well as the theoretical foundations of citizens’ participation in the process of rule-making. In addition, on the basis of legal norms established by the current legislation, a legal assessment of the current situation with the participation of citizens in the rule-making process was made. The positive effects of involving citizens in the rule-making process on the quality of normative legal acts and the objective needs for public discussion in the rule-making process were discussed. As a result of the analysis carried out using systematic, problematic and hypothetical methods, the existing problems and shortcomings associated with the participation of citizens in the rule-making process were identified, and proposals were made for their theoretical and legal solutions.","PeriodicalId":102464,"journal":{"name":"Review of Law Sciences","volume":"16 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125760628","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":"BULLYING AMONG MINORS AS ONE OF THE FACTORS OF THE FORMATION OF THE CRIMINAL’S PERSONALITY","authors":"S. Sakhatova","doi":"10.51788/tsul.rols.2021.5.4./iuov8516","DOIUrl":"https://doi.org/10.51788/tsul.rols.2021.5.4./iuov8516","url":null,"abstract":"Today bullying is one of the most common phenomena in schools around the world. To date, there is no single definition of school bullying in science. In the article, the author examines several common scientific opinions, deducing characteristic common points of contact. Focuses on the types of bullying, and also gives a classification to bullying participants. In addition, the author presents his interpretation of the definition of “bullying”. Reflecting on the consequences of bullying, he comes to the conclusion that bullying causes enormous damage to any of its participants. The negative consequences include a violation of social adaptation, a high level of anxiety, which entails depression in the victims, as well as feelings of impunity in the aggressor. In this regard, in modern criminology, bullying is actively studied as a phenomenon of prerequisites and a factor contributing to the commission of juvenile delinquency. The article also focuses on two facts of long-term dangerous consequences of bullying, such as the mass murder of children at school committed by victims of bullying, as well as suicides among minors. Thus, the author emphasizes the emerging need for the state to take measures aimed at preventing and controlling the manifestation of such socially negative aspects as bullying, bullying among children. Also by adopting appropriate amendments to the administrative and criminal legislation of the Republic of Kazakhstan.","PeriodicalId":102464,"journal":{"name":"Review of Law Sciences","volume":"31 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130617258","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":"TO THE PROBLEM OF THE SUBSEQUENT STAGE OF THE INVESTIGATION OF CRIMES RELATED TO FORGERY OF DOCUMENTS IN THE FIELD OF EDUCATIONAL ACTIVITIES","authors":"Rizabek E. Ildebayev","doi":"10.51788/tsul.rols.2021.5.4./nqjb2972","DOIUrl":"https://doi.org/10.51788/tsul.rols.2021.5.4./nqjb2972","url":null,"abstract":"The purpose of this study is to identify, generalize and analyze the theoretical and practical aspects of the subsequent stage of the investigation of crimes related to forgery of documents in the field of educational activities. The achievement of this goal was ensured by the step-by-step solution of the following tasks: to study the features of the investigation of crimes related to forgery in the context of the evolution of legislation and investigative practice, to assess the current state of the investigation of crimes related to document forgery in the field of educational activities, including abroad, to identify promising directions in the investigation of crimes related to forgery in the field of educational activities at the next stage. The work used such general scientific methods of cognition as historical, logical, generalization, analysis, synthesis, functional method, etc. The article reflects the issues of the subsequent stage of the investigation of the forgery of education documents. This stage is characterized by features determined by investigative situations, the need to overcome opposition to the investigation, the need for prompt support until the completion of the investigation, the need to identify all persons involved in the crime, to prove the guilt of the suspects, the expediency of using the NTS by the investigator, the need to attract forensic experts and other specialists, the need to exchange information between various departments of law enforcement agencies, including foreign ones, carrying out various additional investigative actions, including the appointment of additional examinations. Forgery of official education documents is classified as a medium-gravity crime. A fake official educational document can act both as a subject and as a means of committing a crime. When investigating the forgery of educational documents at a later stage, it is advisable to designate, first of all, an investigation strategy that will ensure that not a single key information, not a single detail is missed.","PeriodicalId":102464,"journal":{"name":"Review of Law Sciences","volume":"22 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125653313","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":"SOME OPINION ON THE EFFECTIVENESS AND EFFICIENCY OF FORENSIC SUPPORT FOR THE INSPECTION OF THE SCENE","authors":"R. Abdullayev","doi":"10.51788/tsul.rols.2021.5.4./mfyh7818","DOIUrl":"https://doi.org/10.51788/tsul.rols.2021.5.4./mfyh7818","url":null,"abstract":"The article examines the essence of organizational and technological components, which are considered one of the main elements of the practical activity of the system of forensic support for the inspection of accident sites, issues of assessment and control in terms of completeness, timeliness, reliability of other material objects relevant to the case in question. Based on the results of the analysis of the scientific views of criminologists on the subject of the study, scientifically based definitions of concepts such as efficiency, effectiveness and the degree of their use in solving crimes, the degree of their use in solving crimes, as well as the effectiveness of crime scene inspection are proposed.","PeriodicalId":102464,"journal":{"name":"Review of Law Sciences","volume":"124 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133565817","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 AND MEANING OF A CRIME IN THE FORM OF COMMITTING RELATIVELY SHAMELESS ACTS AGAINST A PERSON UNDER SIXTEEN YEARS OF AGE","authors":"Miratdiyin Nazhimov","doi":"10.51788/tsul.rols.2021.5.4./djwb2216","DOIUrl":"https://doi.org/10.51788/tsul.rols.2021.5.4./djwb2216","url":null,"abstract":"The article examines the concept and meaning of the crime of shameless behavior against a person under the age of sixteen, issues of responsibility for this type of crime, improvement of responsibility in the criminal legislation of the Republic of Uzbekistan. In addition, in this article, the corpus delict is a specific instance of a crime, which contains all the elements of a crime, and the presence of this feature in a socially dangerous act committed by a person is the basis for committing a crime. It is emphasized that any act of a sexual nature is considered obscene. Such actions are aimed at satisfying the sexual desires of the perpetrator or arousing the sexual feelings of a minor. Physical indecent behavior includes exposing the genitals of the perpetrator or victim, shamelessly touching the genitals in a manner that may induce sexual feelings, learning about sexual misconduct by simulating a sexual situation, arousing or coercing a person into certain sexual activities, having sex or masturbating in front of victims.","PeriodicalId":102464,"journal":{"name":"Review of Law Sciences","volume":"16 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126523124","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}