Pub Date : 2023-10-27DOI: 10.51788/tsul.jurisprudence.3.5./imsj3134
Sabina Tursunova
Ecology and environmental protection is an important task all over the world, especially in Uzbekistan. One of the most important issues of recent years is the attraction of private investment in solving the environmental problems of Uzbekistan. For this, the use of public-private partnership mechanisms is considered as the most promising tool in the world. In turn, the effective use of this institution in the field of environmental protection largely depends on the effectiveness of its legal regulation. At the same time, the current norms of the legislation of Uzbekistan do not yet meet this condition. Because there is no special rule governing public-private partnerships in the field of ecology. Also, the current legal documents contain norms that restrict the use for one reason or another for environmental purposes. To determine the optimal model of legal regulation of public-private partnership in the field of environmental protection in the Republic of Uzbekistan, it is first necessary to study the experience of such legal regulation in foreign countries. This article is devoted to the study of this issue. The article analyzes the opinions of scientists and the experience of foreign countries regarding the use of public-private partnerships in the field of ecology. Based on the results of the study, the author concluded that the use of public-private partnerships in this area will save the state budget, introduce an effective management system in the field, and improve the quality of services provided.
{"title":"ANALYSIS AND CLASSIFICATION OF LEGAL ACTS ENSURING THE SAFETY OF TOURISM","authors":"Sabina Tursunova","doi":"10.51788/tsul.jurisprudence.3.5./imsj3134","DOIUrl":"https://doi.org/10.51788/tsul.jurisprudence.3.5./imsj3134","url":null,"abstract":"Ecology and environmental protection is an important task all over the world, especially in Uzbekistan. One of the most important issues of recent years is the attraction of private investment in solving the environmental problems of Uzbekistan. For this, the use of public-private partnership mechanisms is considered as the most promising tool in the world. In turn, the effective use of this institution in the field of environmental protection largely depends on the effectiveness of its legal regulation. At the same time, the current norms of the legislation of Uzbekistan do not yet meet this condition. Because there is no special rule governing public-private partnerships in the field of ecology. Also, the current legal documents contain norms that restrict the use for one reason or another for environmental purposes. To determine the optimal model of legal regulation of public-private partnership in the field of environmental protection in the Republic of Uzbekistan, it is first necessary to study the experience of such legal regulation in foreign countries. This article is devoted to the study of this issue. The article analyzes the opinions of scientists and the experience of foreign countries regarding the use of public-private partnerships in the field of ecology. Based on the results of the study, the author concluded that the use of public-private partnerships in this area will save the state budget, introduce an effective management system in the field, and improve the quality of services provided.","PeriodicalId":501391,"journal":{"name":"Jurisprudence","volume":"5 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-10-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139313044","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}
Pub Date : 2023-10-27DOI: 10.51788/tsul.jurisprudence.3.5./jbti6657
Dilfuza A. Imamova, Farangiz Razakova
In this article, the authors describes the concept of the principle of confidentiality in international commercial arbitration, its history, its legal description, comparative legal analysis, and issues related to the practical aspects of the application of these cases. In addition, it analyzes the scope of documents and persons related to the principles of confidentiality and inviolability and identifies the problems of maintaining confidentiality in the practice of international commercial arbitration. It pays special attention to the interrelationship between the principle of privacy and the interests of the state. Also, it gives a number of proposals aimed at eliminating existing shortcomings in the legislation on these cases. The purpose of the research work is to identify the participants in the arbitration proceedings, including exploring the scope of confidentiality that is binding on the parties and their representatives, the arbitral tribunal, arbitral institutions, and third parties such as witnesses and experts. The presumption of confidentiality exists in international commercial arbitration. However, case law is inconsistent regarding the purpose of arbitration and its interaction with confidentiality. This study focuses on the concept and function of confidentiality in relation to international commercial arbitration. The subject of the research work is the legal significance of the application of the principle of confidentiality in international commercial arbitration in the arbitration process, as well as international conventions on international commercial arbitration, national and foreign experience, judicial practice, theoretical knowledge, research, conceptual approaches, problems, and the scientific and theoretical views used in their study.
{"title":"LEGAL ISSUES OF THE APPLICATION OF PRINCIPLE OF CONFIDENTIALITY IN INTERNATIONAL COMMERCIAL ARBITRATION","authors":"Dilfuza A. Imamova, Farangiz Razakova","doi":"10.51788/tsul.jurisprudence.3.5./jbti6657","DOIUrl":"https://doi.org/10.51788/tsul.jurisprudence.3.5./jbti6657","url":null,"abstract":"In this article, the authors describes the concept of the principle of confidentiality in international commercial arbitration, its history, its legal description, comparative legal analysis, and issues related to the practical aspects of the application of these cases. In addition, it analyzes the scope of documents and persons related to the principles of confidentiality and inviolability and identifies the problems of maintaining confidentiality in the practice of international commercial arbitration. It pays special attention to the interrelationship between the principle of privacy and the interests of the state. Also, it gives a number of proposals aimed at eliminating existing shortcomings in the legislation on these cases. The purpose of the research work is to identify the participants in the arbitration proceedings, including exploring the scope of confidentiality that is binding on the parties and their representatives, the arbitral tribunal, arbitral institutions, and third parties such as witnesses and experts. The presumption of confidentiality exists in international commercial arbitration. However, case law is inconsistent regarding the purpose of arbitration and its interaction with confidentiality. This study focuses on the concept and function of confidentiality in relation to international commercial arbitration. The subject of the research work is the legal significance of the application of the principle of confidentiality in international commercial arbitration in the arbitration process, as well as international conventions on international commercial arbitration, national and foreign experience, judicial practice, theoretical knowledge, research, conceptual approaches, problems, and the scientific and theoretical views used in their study.","PeriodicalId":501391,"journal":{"name":"Jurisprudence","volume":"41 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-10-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139312711","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}
Pub Date : 2023-10-27DOI: 10.51788/tsul.jurisprudence.3.5./sxcw7391
Gulmira Tairova
In the article, the author seeks to reveal the specific aspects of the fight against crime in the UK. In particular, it considers certain elements of the crime fighting system-doctrinal and criminological approaches on which criminal policy is based-features of legislation on combating crime, as well as notable aspects of law enforcement. It is known that the British model of fighting crime was formed under the influence of the Anglo-Saxon legal system and Anglo-American criminological schools. The basis of doctrinal and criminological approaches to crime are administrative-classical and sociological theories. In criminal policy, there is periodically a focus on the priority of criminal law measures (tightening) or on the priority of socially liberal measures (mitigation). Since there is no codified legislative system in the UK, the development of anti-crime policies is based on medium-term (3-5 years) strategic concepts. Despite the fact that crime in the UK is growing at a high rate, there is a loss of ability to maintain accurate crime statistics. At the same time, it turns out that this loophole in the detection of crimes is being overcome by the systematic introduction by the British police of the practice of studying latent crime. The British practice of crime prevention is notable for the fact that it includes situational and victimological measures involving a number of public organizations.
{"title":"FEATURES OF THE BRITISH MODEL OF FIGHTING CRIME","authors":"Gulmira Tairova","doi":"10.51788/tsul.jurisprudence.3.5./sxcw7391","DOIUrl":"https://doi.org/10.51788/tsul.jurisprudence.3.5./sxcw7391","url":null,"abstract":"In the article, the author seeks to reveal the specific aspects of the fight against crime in the UK. In particular, it considers certain elements of the crime fighting system-doctrinal and criminological approaches on which criminal policy is based-features of legislation on combating crime, as well as notable aspects of law enforcement. It is known that the British model of fighting crime was formed under the influence of the Anglo-Saxon legal system and Anglo-American criminological schools. The basis of doctrinal and criminological approaches to crime are administrative-classical and sociological theories. In criminal policy, there is periodically a focus on the priority of criminal law measures (tightening) or on the priority of socially liberal measures (mitigation). Since there is no codified legislative system in the UK, the development of anti-crime policies is based on medium-term (3-5 years) strategic concepts. Despite the fact that crime in the UK is growing at a high rate, there is a loss of ability to maintain accurate crime statistics. At the same time, it turns out that this loophole in the detection of crimes is being overcome by the systematic introduction by the British police of the practice of studying latent crime. The British practice of crime prevention is notable for the fact that it includes situational and victimological measures involving a number of public organizations.","PeriodicalId":501391,"journal":{"name":"Jurisprudence","volume":"4 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-10-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139312835","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}
Pub Date : 2023-10-27DOI: 10.51788/tsul.jurisprudence.3.5./gfzv7476
S. Niyozova
This article examines the issues of criminal responsibility for involving a minor in antisocial behavior. In addition, in the article, under Article 127 of the Criminal Code of the Republic of Uzbekistan, a minor is allowed to drink alcohol, use narcotic drugs and their analogues, or drugs and substances that are not considered psychotropic but affect a person’s intelligence, and the crime Aggravating circumstances, such as involvement, are also analyzed. Also, in the article, the author mentions the peculiar attraction of attracting a minor to antisocial behavior (cheating, abuse of trust), the use of physical force, and intimidation, i.e., the use of mental force (coercion). It was also analyzed by researching the opinions of scientists that it can be done through methods such as arousing malicious intentions (revenge, envy, and jealousy). Along with this, the article analyzes the law of the Republic of Uzbekistan “On the prevention of delinquency and delinquency among minors” and states that, according to this law, the lack of supervision and carelessness of minors is also a factor in the commission of this crime. In addition, appropriate proposals and recommendations were made for improving the criminal legislation in relation to this issue.
{"title":"ISSUES OF CRIMINAL RESPONSIBILITY FOR INVOLVING A MINOR IN ANTISOCIAL BEHAVIOR","authors":"S. Niyozova","doi":"10.51788/tsul.jurisprudence.3.5./gfzv7476","DOIUrl":"https://doi.org/10.51788/tsul.jurisprudence.3.5./gfzv7476","url":null,"abstract":"This article examines the issues of criminal responsibility for involving a minor in antisocial behavior. In addition, in the article, under Article 127 of the Criminal Code of the Republic of Uzbekistan, a minor is allowed to drink alcohol, use narcotic drugs and their analogues, or drugs and substances that are not considered psychotropic but affect a person’s intelligence, and the crime Aggravating circumstances, such as involvement, are also analyzed. Also, in the article, the author mentions the peculiar attraction of attracting a minor to antisocial behavior (cheating, abuse of trust), the use of physical force, and intimidation, i.e., the use of mental force (coercion). It was also analyzed by researching the opinions of scientists that it can be done through methods such as arousing malicious intentions (revenge, envy, and jealousy). Along with this, the article analyzes the law of the Republic of Uzbekistan “On the prevention of delinquency and delinquency among minors” and states that, according to this law, the lack of supervision and carelessness of minors is also a factor in the commission of this crime. In addition, appropriate proposals and recommendations were made for improving the criminal legislation in relation to this issue.","PeriodicalId":501391,"journal":{"name":"Jurisprudence","volume":"11 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-10-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139312874","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}
Pub Date : 2023-10-27DOI: 10.51788/tsul.jurisprudence.3.5./rrmn9660
Dilbar Suyunova
The article analyzes the issues of the terms of detention of a person when the prosecutor approves the indictment and the transfer of the case to the court. The author dwells in detail on such important points of pre-trial and judicial proceedings as the election of a preventive measure in the form of detention, the terms of such detention, and legislative regulation of the issues of extending the terms of detention. The study found that despite the fairly strict regulation of the detention of a person at the pre-trial stage, his detention during the transfer of a criminal case to court, the appointment of the case to trial, and the consideration of the case within the time limits established by law, and sometimes above the specified time limits, does not provide a real right to freedom of persons, in particular in respect of which a criminal case is being considered in court. The author’s conclusions are set out regarding the issues of the duration of detention of the person in respect of whom the case is scheduled for hearing; effective measures are proposed to solve urgent problems in judicial and investigative practice in order to guarantee human rights and freedoms. It is necessary to specify in the law the norms that would regulate some of the problems associated with the detention of a person during the preparation of a case for trial and its consideration in court.
{"title":"COMPLIANCE WITH THE TERMS OF DETENTION AT THE END OF THE PRELIMINARY INVESTIGATION AND AT THE TRIAL STAGE","authors":"Dilbar Suyunova","doi":"10.51788/tsul.jurisprudence.3.5./rrmn9660","DOIUrl":"https://doi.org/10.51788/tsul.jurisprudence.3.5./rrmn9660","url":null,"abstract":"The article analyzes the issues of the terms of detention of a person when the prosecutor approves the indictment and the transfer of the case to the court. The author dwells in detail on such important points of pre-trial and judicial proceedings as the election of a preventive measure in the form of detention, the terms of such detention, and legislative regulation of the issues of extending the terms of detention. The study found that despite the fairly strict regulation of the detention of a person at the pre-trial stage, his detention during the transfer of a criminal case to court, the appointment of the case to trial, and the consideration of the case within the time limits established by law, and sometimes above the specified time limits, does not provide a real right to freedom of persons, in particular in respect of which a criminal case is being considered in court. The author’s conclusions are set out regarding the issues of the duration of detention of the person in respect of whom the case is scheduled for hearing; effective measures are proposed to solve urgent problems in judicial and investigative practice in order to guarantee human rights and freedoms. It is necessary to specify in the law the norms that would regulate some of the problems associated with the detention of a person during the preparation of a case for trial and its consideration in court.","PeriodicalId":501391,"journal":{"name":"Jurisprudence","volume":"49 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-10-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139313106","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}
Pub Date : 2023-10-27DOI: 10.51788/tsul.jurisprudence.3.5./qdgm9333
Abduaziz Isakulov
This article will explore the case law regarding the extension of the arbitration clause to non-signatories, in particular, to states via the prism of state enterprises in international commercial arbitration cases. In this paper, the author will also discuss the legal grounds and doctrinal theories utilized in commercial arbitration cases for reaching decisions on extending the arbitration clause to the non-signatory state, and it will try to argue about the caveats and pitfalls that coexist in such disputes. Furthermore, specific cases along with their solutions, such as the Pyramids case and Zeevi Holdings, are presented in order to elaborate on the given concept, namely arbitration and its role on a global scale.
{"title":"\"NOT A PARTY, NOT A PROBLEM: THE DILEMMA OF EXTENDING ARBITRATION CLAUSE TO NON-SIGNATORY STATES\"","authors":"Abduaziz Isakulov","doi":"10.51788/tsul.jurisprudence.3.5./qdgm9333","DOIUrl":"https://doi.org/10.51788/tsul.jurisprudence.3.5./qdgm9333","url":null,"abstract":"This article will explore the case law regarding the extension of the arbitration clause to non-signatories, in particular, to states via the prism of state enterprises in international commercial arbitration cases. In this paper, the author will also discuss the legal grounds and doctrinal theories utilized in commercial arbitration cases for reaching decisions on extending the arbitration clause to the non-signatory state, and it will try to argue about the caveats and pitfalls that coexist in such disputes. Furthermore, specific cases along with their solutions, such as the Pyramids case and Zeevi Holdings, are presented in order to elaborate on the given concept, namely arbitration and its role on a global scale.","PeriodicalId":501391,"journal":{"name":"Jurisprudence","volume":"252 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-10-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139313024","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}
Pub Date : 2023-10-27DOI: 10.51788/tsul.jurisprudence.3.5./khxi4296
Faringiz Yusupova
Since the introduction of information and telecommunication technologies into the health sector, the demand for medical services has been increasing, and the health system has been developing. In our country and around the world, in early 2020, the severe acute respiratory syndrome coronavirus disease COVID-19 began to spread and the normal life of the whole world came to a standstill. The COVID-19 pandemic has created the need for people around the world to change their usual lifestyle, in particular, self-isolation, staying at home, reducing human activity, including minimizing contact with people. With the spread of the COVID-19 pandemic, the whole world has realized how necessary it is to develop telemedicine services. In this article, we will study the practice of telemedicine and telemedicine services in the period of the COVID-19 pandemic and what laws are regulated by the states, as well as the digitalization in the health sector during the COVID-19 pandemic. The pros and cons of the process of the COVID-19 pandemic, licensing, and its structure process, statistical data provided by the World Health Organization, payment of fees to doctors for these services, procedures of patients using telemedicine services, and directions of telemedicine services are considered in detail.
{"title":"\"LEGAL ASPECTS OF THE USE OF INFORMATION COMMUNICATION TECHNOLOGIES IN THE MEDICAL FIELD DURING THE COVID-19 PANDEMIC\"","authors":"Faringiz Yusupova","doi":"10.51788/tsul.jurisprudence.3.5./khxi4296","DOIUrl":"https://doi.org/10.51788/tsul.jurisprudence.3.5./khxi4296","url":null,"abstract":"Since the introduction of information and telecommunication technologies into the health sector, the demand for medical services has been increasing, and the health system has been developing. In our country and around the world, in early 2020, the severe acute respiratory syndrome coronavirus disease COVID-19 began to spread and the normal life of the whole world came to a standstill. The COVID-19 pandemic has created the need for people around the world to change their usual lifestyle, in particular, self-isolation, staying at home, reducing human activity, including minimizing contact with people. With the spread of the COVID-19 pandemic, the whole world has realized how necessary it is to develop telemedicine services. In this article, we will study the practice of telemedicine and telemedicine services in the period of the COVID-19 pandemic and what laws are regulated by the states, as well as the digitalization in the health sector during the COVID-19 pandemic. The pros and cons of the process of the COVID-19 pandemic, licensing, and its structure process, statistical data provided by the World Health Organization, payment of fees to doctors for these services, procedures of patients using telemedicine services, and directions of telemedicine services are considered in detail.","PeriodicalId":501391,"journal":{"name":"Jurisprudence","volume":"30 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-10-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139312592","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}
Pub Date : 2023-10-27DOI: 10.51788/tsul.jurisprudence.3.5./hjel1744
M. Saidov
This article covers the processes from the stage of applying to the courts for corporate disputes, which economic courts have jurisdiction over, to their consideration and resolution by the courts, as well as the specific features of the resolution of corporate disputes. In particular, the transfer of corporate disputes from courts of general jurisdiction to economic courts and issues related to the institution of relevance in this regard (jurisdiction) are covered with examples from judicial practice and given the conclusion that all disputes arising from corporate relations and public legal relations that are causally connected with them should be resolved by economic courts. As a result of this, it is justified that the effective protection of the rights of the participants in the corporate relationship through the court will be granted. Moreover, special emphasis is placed on the aspects of corporate disputes that are different from other types of disputes in the resolution of corporate disputes by economic courts. Some mistakes and shortcomings that are made in practice and various approaches are analyzed, and given a personal author’s position, which is expressed based on foreign experience in this regard, for the unification of judicial practice. Besides that, there are some proposals for clarification in the decision of the Plenum of the Republic of Uzbekistan.
{"title":"DISTINCTIVE FEATURES OF CORPORATE DISPUTE RESOLUTION","authors":"M. Saidov","doi":"10.51788/tsul.jurisprudence.3.5./hjel1744","DOIUrl":"https://doi.org/10.51788/tsul.jurisprudence.3.5./hjel1744","url":null,"abstract":"This article covers the processes from the stage of applying to the courts for corporate disputes, which economic courts have jurisdiction over, to their consideration and resolution by the courts, as well as the specific features of the resolution of corporate disputes. In particular, the transfer of corporate disputes from courts of general jurisdiction to economic courts and issues related to the institution of relevance in this regard (jurisdiction) are covered with examples from judicial practice and given the conclusion that all disputes arising from corporate relations and public legal relations that are causally connected with them should be resolved by economic courts. As a result of this, it is justified that the effective protection of the rights of the participants in the corporate relationship through the court will be granted. Moreover, special emphasis is placed on the aspects of corporate disputes that are different from other types of disputes in the resolution of corporate disputes by economic courts. Some mistakes and shortcomings that are made in practice and various approaches are analyzed, and given a personal author’s position, which is expressed based on foreign experience in this regard, for the unification of judicial practice. Besides that, there are some proposals for clarification in the decision of the Plenum of the Republic of Uzbekistan.","PeriodicalId":501391,"journal":{"name":"Jurisprudence","volume":"33 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-10-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139312889","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}
Pub Date : 2023-10-27DOI: 10.51788/tsul.jurisprudence.3.5./izzn1343
Mirjalol Allakuliyev
Each draft act of legislation developed by the competent state bodies serves to legally regulate a certain area of social relations after its adoption. At the same time, drafts of legislative documents will be submitted to the Government and the Presidential Administration only if there is a conclusion of the Ministry of Justice on the expediency of their adoption at the end of the legal examination. The article discusses the legal and anti-corruption expertise of draft normative legal acts, their regulatory impact assessment, the status of public discussion of draft legislations, and the procedure for state registration of departmental normative legal acts. Adoption of projects of normative legal documents, which are not based on calculations, the impact on the relevant sectors has not been assessed, and the risks of execution have not been analyzed, not only cause the state budget but also unjustified and excessive financial losses of the population and business entities. In addition, this article describes the process of creating norms that are currently in practice. Furthermore, problems and their solutions were thoroughly analyzed, and recommendations were made to eliminate these problems.
{"title":"RULE-MAKING ACTIVITY: QUANTITATIVE AND QUALITATIVE ANALYSIS","authors":"Mirjalol Allakuliyev","doi":"10.51788/tsul.jurisprudence.3.5./izzn1343","DOIUrl":"https://doi.org/10.51788/tsul.jurisprudence.3.5./izzn1343","url":null,"abstract":"Each draft act of legislation developed by the competent state bodies serves to legally regulate a certain area of social relations after its adoption. At the same time, drafts of legislative documents will be submitted to the Government and the Presidential Administration only if there is a conclusion of the Ministry of Justice on the expediency of their adoption at the end of the legal examination. The article discusses the legal and anti-corruption expertise of draft normative legal acts, their regulatory impact assessment, the status of public discussion of draft legislations, and the procedure for state registration of departmental normative legal acts. Adoption of projects of normative legal documents, which are not based on calculations, the impact on the relevant sectors has not been assessed, and the risks of execution have not been analyzed, not only cause the state budget but also unjustified and excessive financial losses of the population and business entities. In addition, this article describes the process of creating norms that are currently in practice. Furthermore, problems and their solutions were thoroughly analyzed, and recommendations were made to eliminate these problems.","PeriodicalId":501391,"journal":{"name":"Jurisprudence","volume":"19 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-10-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139313112","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}
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