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Vol 17, No 4 (2021)
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THE TOPICAL ISSUES OF MODERN CIVILIZATION

3-19 681
Abstract

Introduction. The article is devoted to the issues of consistency of the national legislation of Uzbekistan with the Principles of effective public administration in the interests of sustainable development. The practical implementation of these principles is of great importance for increasing the efficiency, accountability and transparency of government bodies at all levels in achieving the goal embodied in the 2030 Agenda and, accordingly, national sustainable development goals. The core elements of efficiency, accountability and inclusiveness under Goal 16 of sustainable development, are reference points that guide the vector of governance for sustainable development. The paper presents an analysis of the regulatory framework of the public administration system in Uzbekistan, the main directions of administrative reform aimed at creating independent and competent institutions that effectively interact with each other within the framework of the professional civil service. This takes into account national conditions, opportunities and level of development, national strategies and priorities.

Materials and methods. The methodological basis of the research was formed by general scientific and special methods of learning of phenomena and processes (analytical survey, generalization, system-oriented, functional-analytical, statistical approaches). Monitoring and analysis of regulations and official documents of the Republic of Uzbekistan in the field of public administration, international and national statistical data were carried out.

Results. The study summarized and systematized the regulatory framework aimed at ensuring the improvement of the public administration system within the framework of one of the main elements of Sustainable Development Goal 16 - efficiency. In general, the established national legal framework was found to meet the requirements for the creation of effective, accountable and inclusive institutions at all levels for the implementation of the 2030 Agenda for Sustainable Development.

Discussion and conclusion. The active implementation of legislative and institutional reforms by the government of Uzbekistan initiated the creation of a more open and transparent system of effective governance, contributing to the implementation of the SDGs in the republic. However, the existing problems and challenges indicate that this system is still far from being perfect and requires a systematic approach to create legal and institutional mechanisms for implementing the principles of effective public administration.

LAW IN THE PRESENT-DAY WORLD

20-32 381
Abstract

Introduction. The article reveals the inconsistency of the tendency in the international media space to question the universal principles of international law on the example of the discussion on the preservation of the provision of protection against torture and other cruel, inhuman or degrading treatment and punishment of people in the context of global terrorist threats. The activity of international governmental and nongovernmental organizations in the fight against torture is analyzed. The main emphasis is placed on the peculiarities and law enforcement practice of international legal legislation in the area of prohibition of the use of torture. Problems related to the prevention and spread of torture are studied, the dynamics of the development of national legislation in some states regarding the legalization of torture is examined, an example of violation of the prohibition of torture is given, as well as the position of the European Court of Human Rights regarding the use of torture.

Materials and methods. The author of the article carries out a systematic analysis, comparative and formal legal methods of international legislation against torture and other cruel, inhuman or degrading treatment or punishment. Scientific and general scientific methods of cognition of the specifics of international legal legislation in the field of prohibition of the use of torture and the death penalty as a capital punishment, - namely descriptive, - are applied in this article.

Results. For several decades, a system of international law has been created, which has given an interpretation of the concept of "torture", has introduced a complete ban on the use of torture and other cruel, inhuman or degrading treatment or punishment. The prohibition of torture is absolute. Torture is prohibited by international law, the laws of most countries in the world, the UN Convention against Torture, the Geneva Conventions and other international documents. This prohibition is absolute and does not allow any exceptions, which, however, is not always the case, giving rise to national and world media outlets to intensify discussions on the admissibility of revising these norms of international law in the interests of countering terrorist threats.

Discussion and Conclusion. Despite the development of legislation in the field of combating torture, there are a number of problems of compliance with this norm of international law. Among them: the problem of defining the concept of "cruel, inhuman or degrading treatment or punishment", the problem of violation of international legal acts in this area, the ethical factor in the use of torture and others. An important problem is the issue of classifying the death penalty as the highest measure of torture and punishment, discussions about which will continue for a long time. In this situation, the important priority areas of the UN and other international organizations are the fight against the use of torture, the call for the introduction of a complete ban on torture, the strengthening of guarantees of the rights of citizens to be protected from them or the right to humanitarian, economic and psychological assistance in the event of torture in relation to him, encouraging the conduct of awareness-raising activities at the civil level, explaining their unconditional legislative prohibition, immorality and inhumanity. An important task for all states is to continue work to achieve a universal and complete prohibition of torture, protect the rights of citizens and build an inclusive, multilateral and trusting dialogue between all states, members of international organizations, as well as its provision at the federal, regional and local levels with the use of information and communication media policy tools and with the participation of the entire civil society.

33-50 863
Abstract

Introduction. The article is devoted to the study of legal mechanisms to protect the rights of participants of remote-digital transaction, made by a private investor (individual) and a legal entity (investment intermediary, investment recipient) with a particular object of investment and related to the real contracts. Violations of the rights of the parties to the transaction are most often associated with the stage of completion of such transaction and are a consequence of untimely and/or incomplete return of the invested money, failure of the counterparty-debtor to fulfill its obligations immediately upon receipt of money from the investor - upon transfer of the investment object itself. Failure to pay the promised income naturally gives rise to a conflict. Meanwhile, the existing nowadays tools of financial security of entrepreneurial projects objectively can not fully meet the current needs of business entities, and new objects of investment still poorly studied in terms of legal science, require the definition of their legal characteristics and the establishment of the legal nature.

Materials and methods. The methodological basis of the study was materialistic positivism combined with the application of general scientific methods of knowledge. Including: dialectical method, formal-logical, analysis, synthesis, deduction and induction, methods of hypothesis, analogy, etc. Particular scientific methods are applied in the work, such as: historical and retrospective method, functional, statistical. Special methods of cognition of legal science are also applied: comparative-legal, the method of systemic research, formal-legal, etc. The work also used the method of legal modeling, which allowed to form the structure and functional elements of civil-legal model of prevention of non-fulfillment of obligations by participants of remote-digital investment transactions in the information space, protection of their rights and legitimate interests.

The normative legal base of the work consisted of the provisions of existing legislative acts. Among them: Federal Law of the Russian Federation from 07.02.1992 № 2300-1 "On protection of consumer rights"; Federal Law of the Russian Federation from 23.12.2003 № 177-FZ "On insurance of deposits in banks of the Russian Federation"; Federal Law from 31.07.2020 № 258-FZ "On experimental legal regimes in the field of digital innovation in the Russian Federation"; Federal Law of the Russian Federation from 13.07.2015 № 224-FZ "On public-private partnership, municipal-private partnership in the Russian Federation and amending certain legislative acts of the Russian Federation" and others.

The empirical basis of the research were materials of judicial and arbitration practice (for example, Ryazhsky District Court of Ryazan Region; Arbitration Court of Moscow; Ninth Arbitration Court of Appeal of Arbitration Court of Moscow; Zavodoukovsky District Court of Tyumen Region; Tyumen Regional Court, etc.), as well as statistical data published on the official websites of business entities (for example, PJSC Mosbirzhi, American consulting firm "Satis Group" LLC and others).

Theoretical basis consisted of the works of domestic (A.I. Goncharov, A.O. Inshakova, L.A. Novoselova, A.I. Saveliev, E.E. Frolova, Y.S. Kharitonova and others) and foreign scientists (V. Akella, Bin Ke, Y.K. Dwivedi, Donghui Wu, L. Hughes, S.K. Misra, N.P. Rana, V. Raghavan, Jun Chen, Zhifeng Yang, etc.) in the corresponding field of research.

Research results. As a result of the study, it was found that modern remote digital technologies have gained popularity and are already justifying expectations in the information space. Meanwhile, the token market turned out to have a huge number of so-called "scams" - fraudulent projects whose purpose is to raise funds by deception; in reality, such organizers of investments only created the appearance of implementing a project without any intention to put it into practice. It was also found that many authors, both Russian and foreign, in the modern period pay attention to such modern information technologies as distributed registry technology (blockchain) and smart-contract technology. However, in the scientific developments of colleagues there are no recommendations for specific construction of a civil law model of interaction between participants of remote digital transactions in the information space on the basis of a combination of distributed registry (blockchain) and smart contract technologies.

Discussion and conclusion. On the basis of modern information technologies it is proposed to organize and regulate the turnover of investment objects in the information space in such a way that the very need to protect rights would disappear since it is impossible to violate them. For the prevention of violations and at the same time the protection of rights it is recommended to use in combination the technology of a distributed register (blockchain) and the technology of a smart contract. Fundamentally important model elements of such a system of violation prevention and protection of rights of participants of remote-digital investment transactions are outlined. The key feature of the proposed Universal Digital Platform for Private Investors is its versatility. It is proposed to combine in one such platform and a financial platform for financial transactions, and an investment platform for the turnover of utilitarian digital rights, and an information system for the turnover of digital financial assets, digital currencies. As standard contractual structures it is recommended to develop standard smart contracts for each object of investment: 1) uncertified securities; 2) digital rights; 3) utilitarian digital rights; 4) digital financial asset; 5) digital currency; 6) futures contract. This task is recommended to be solved by the Bank of Russia through public procurement. Each such standard smart contract, being a computer program, must provide for the possibility of its interfacing with the hardware and software complex of the Moscow Exchange.

The article substantiates the necessity of introducing amendments and additions into the Federal Law of 23.12.2003 #177-FZ "On Insurance of Deposits in Banks of the Russian Federation". In conjunction with the proposal of standard smart contracts it is proposed to form their software algorithms with a clear construction of legal structures corresponding to repo and escrow contracts. The new notarial action in the process of registration of remote digital investment transactions and the new legal construction of the transfer of a thing to the notary's security deposit are proposed.

It is proved that polysubject jurisdictional block-chain in remote digital transactions on the Universal Digital Platform for Private Investors should be implemented according to a 6-node scheme of interaction between entities operating in and under the jurisdiction of the Russian Federation. Risk factors for the implementation of remote blockchain registration of transactions with special investment objects are highlighted. Among such factors are argued: technical factors; economic factors; institutional factors.

It is concluded that the civil law model of prevention of defaults of participants of investment transactions and protection of their rights in a systemic relationship integrates a number of special elements. First, public-private partnership; second, the use of experimental legal regime in the field of remote-digital investment transactions; third, a set of standard smart contracts - differentiated by type of investment objects; fourth, innovative legal structures for remote-digital investment transactions; fifth, polysubject jurisdictional blockchain, implemented by a 6 node scheme of interaction of entities operating in and under the jurisdiction of the Russian Federation; sixth, a methodological set of prevention of potential conflicts between participants of remote-digital investment transactions, a systematic set of ways to protect their rights.

51-56 1223
Abstract

Introduction. The article examines the types of standard FIDIC contracts, as the most commonly applicable standard forms of a construction contract, analyzes the features of each type of FIDIC contract, the history and reasons for the emergence and use of new standard forms of contracts.

Materials and methods. The implementation of research tasks was achieved on the basis of studying the theoretical and practical experience of foreign countries in the application of standard FIDIC construction contracts, the history of FIDIC contracts, their features. The methodological basis of the research was formed by the method of system-structural analysis.

The results of the study. The article discusses the forms of FIDIC construction contracts, their features, the reasons for their emergence and distribution in international construction.

Discussion and conclusions. The study showed that FIDIC model contracts are an effective universal mechanism for regulating legal relations arising from international construction projects and allow minimizing the impact of local legislation on international construction projects in which residents of different states can take part.

ADMINISTRATION: CHALLENGES AND PROSPECTS

57-67 417
Abstract

Introduction. The article is devoted to the study of mechanisms for supporting infrastructure projects in the context of the spread of the COVID-19 pandemic in the Russian Federation.

Materials and methods. The research materials were normative acts, information and reference materials of ministries and departments, commercial organizations related to the implementation of state policy in the field of development of infrastructure sectors of the economy and elimination of the consequences of the COVID-19 pandemic. Expert opinions, reports of rating agencies, publications in Russian and foreign publications were also used in the preparation of the article.

The following research methods were used: statistical methods, methods of formal logic, description and interpretation, interpretation of normative acts. The study is based on the characteristics and analysis of the main points of the process of implementing state support for infrastructure projects.

The results of the study. The implementation of infrastructure projects during the economic crisis, as long-term experience (since the 30s of the last century) shows, is one of the most important ways to reduce negative consequences due to the multiplicative effect generated during the implementation of these projects.

The most vulnerable infrastructure sectors are transport, energy and social, while the municipal infrastructure suffers to a lesser extent. By the end of 2020, projects either under construction or commissioned, but significantly dependent on consumer demand, suffered the most.

The Russian Federation was among the few countries where significant state support for the implementation of infrastructure projects was carried out in the context of the pandemic. At the same time, a fairly wide and flexible toolkit was used: the provision of preferential targeted budget loans, the restructuring of previously issued budget loans on preferential terms, the financing of projects at the expense of the proceeds from the placement of infrastructure bonds with state support.

Discussion and conclusion. It should be noted that there is a certain sectoral limitation of support measures: for the most part, support measures are implemented in such areas as housing and communal services and transport infrastructure, partly in the fuel and energy sector.

The regulatory provision of state support measures does not differ in consistency. In the guidance documents, it is impossible to single out projects developed directly during the pandemic with a certain accuracy. In addition, given the need for a prompt response to events related to the negative impact of the pandemic on infrastructure development, the absence of clearly defined deadlines for the implementation of certain guidelines in regulatory documents is questionable.

REVIEW

68-71 687
Abstract

Book review: O. A. Melnikova Public Opinion Manipulation and Global Cyber Security. Moscow: Gnosis, 2021 .-- 208 p.

Manipulation of public opinion is an important factor in international information security and stability. For many years, the Russian Federation has been supporting the formation of an international information security regime that would combat the entire spectrum of threats in this area, including the problem of manipulating consciousness as an instrument of influencing public opinion and interfering in internal affairs. The monograph under review systematically examines Russia's foreign policy initiatives in this area and describes the impact of manipulation of public opinion on international information security and the national security of the Russian Federation.



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ISSN 2073-8420 (Print)
ISSN 2587-5736 (Online)