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The Phenomen of Law and Legislation: Strategies and Methods of Cognition

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Vol 3, No 3 (2024)
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STATE LEGAL RELATIONS

13-19 47
Abstract

Based on the analysis of the forensic and scientific practice using as evidence other documents These documents were obtained at the request of the investigative authority. Also the report is concluded that these documents are admissible evidence in criminal proceedings when a law enforcement officer or a military officer discovers signs of a crime

20-27 63
Abstract

In the modern world, one of the most important tasks of any state is the implementation of an important rational policy, the formation of an effective system of state power as a whole. This, in turn, requires the further development of the state civil service, the creation of an open, competitive and high-level civil service aimed at effective activities to ensure the competence of public authorities. At the same time, no civilized and social state, especially a legal one, can function without public service. And the effectiveness and efficiency of public service reform significantly depends on such factors as the manageability of this process and the institution of public service itself, the intensity of the exchange of experience in carrying out reforms, during which common difficulties and problems of legislative consolidation of the transformations being carried out in the public administration system are identified, new, more effective mechanisms for organizing the executive power system and interaction are being searched its elements. This article analyzes the current issues of labor organization of civil servants of Uzbekistan. Special attention is paid to the issue of further enhancing the role of the state civil service, while now it is one of the urgent issues of our time. The author has developed relevant proposals for improving labor legislation in general. Foreign experience on this issue has been studied, proposals and recommendations for its development in the Republic of Uzbekistan have been developed

PRIVATE LAW PROBLEMS

29-37 43
Abstract

The relevance of considering this problem lies in the fact that over the past decades, many concepts of interaction between nature and society have appeared, explaining the current environmental crisis and offering ways out of it. The most well-known of them are the concept of sustainable development and the concept of a «green» economy. These doctrinal concepts, discussed all over the world not only by lawyers, but also by representatives of other branches of scientific knowledge (philosophy, economics), have influenced international and national legislation to varying degrees. Unlike the concept of sustainable development, the provisions of which are included in many federal laws, the provisions of the concept of a «green» economy are only fragmentally mentioned in several federal and regional regulations. This creates a problem that requires scientific understanding and regulatory regulation – what should be understood by a «green» economy? What are its elements, criteria and indicators for achieving the goals of the «green» economy? These and many other issues cannot be resolved by making changes to the current legislation. A comprehensive study of the problem of Russia’s transition to a green economy is needed, the study of the possibilities of law to create a complex mechanism for the interaction of economic, organizational, cultural and other aspects of the movement towards a «green» economy, which will allow us to develop a state strategy for such a transition and a plan of legislative work. The proposed Concept will be able to determine the economic and legal aspects of Russia’s transition to a «green» economy, it can be used in the development of draft federal laws.

38-43 44
Abstract

Currently, state and municipal procurement is a highly demanded structure of the economic system of the Russian Federation. Given the current scale of rapid development of digitalization in all spheres of social relations, the domestic and international communities positively evaluate the unified information system of procurement activities, thanks to which there is a real opportunity to accumulate the sphere of procurement. The article pays special attention to the current state and further prospects for the application of the digital contract. Not only advantages, but also certain risks of digitalization of procurement activities at the present stage are noted

44-53 46
Abstract

The article studies financial lease as a technology of entrepreneurial project investment and the basis of its legal regulation in Russia and some foreign countries. The relevance of the development of financial lease agreement in Russia is emphasized, due to the not quite favorable condition of equipment, machinery and transport in organizations, as well as the shortage of working capital, which significantly hampers the purchase of modern equipment. In this regard, the selected research topic is characterized by social, legal and economic significance. Special attention is paid to the financial lease as a technology of entrepreneurial project investment. The author considers the composition of subjects, contractual form, as well as liability for violation of the terms of financial lease of fixed assets. The procedure of conclusion, execution, amendment, termination of the contract of financial lease of fixed assets, the procedure of dispute resolution is studied. The methods of ensuring the fulfillment of obligations under the contract of financial lease of fixed assets both of unique character and based on the norms of general action are established

54-62 52
Abstract

The article studies the concept of “investment conflict”, legislative regulation of the order and conditions of coordination of mutual interests and prevention of potential conflicts of participants of investment relations, as well as mechanisms of prevention of their occurrence. Special attention is paid to the system of guarantees and protection of rights of participants of investment relations. Three key directions realized in the sphere of protection of the rights of participants of investment relations are singled out. It is substantiated that the objects of investment relations are also objects of civil rights, in this connection, it is recommended for the legislator to fix new objects of civil rights in order to protect the rights of participants of investment relations. The regulators of investment disputes existing in the Russian law, which contribute to the maintenance of partnership relations between entrepreneurs and their commercial ties, have been studied. The legal possibilities of international investment arbitration, international commercial arbitration, arbitration courts in the mechanism of investment disputes resolution are analyzed. It is concluded that the legal algorithm of allowing international investment conflicts is one of the main components of interstate public order in the field of investment. The international public order, identified as material-legal investment relations, as well as procedures for consideration of disputes arising from them, covers Russian entrepreneurs involved in international socioeconomic relationships



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ISSN 2949-1193 (Online)