TSUL Legal Report International electronic scientific journal

Doctrinal views on understanding the legal nature of conflict of interest

2024-04-05T16:17:02+05:00

In this article, the doctrinal views on understanding the legal nature of the conflict of interests in the activities of state civil servants are analyzed based on the scientific opinions and views of national and foreign scientists. In the article, the field of public civil service was selected as the main fundamental basis, and the cases related to the conflict of interests in it were discussed. At the same time, the international and national documents describing the conflict of interests were analyzed, and the problems in the system were discussed on the basis of a scientific discussion. In the research work, each case is analyzed from a scientific point of view using methods such as logic, systematicity, comparison, induction, and deduction. At the end of the research, the issues of preventing conflicts of interest in the state civil service were substantiated from a scientific and theoretical point of view, and suggestions and recommendations were developed regarding the improvement of the activity. At the end of the study, it was concluded that the conflict of interests as a form of corruption is a socio-legal problem that seriously damages the state administration and the rights and interests of citizens. The basis of the conflict of interest is not only the personal interest of a single person - a civil servant, but also the connection with the interests of third parties. As a general conclusion, a conflict of interest is recognized as a conflict that occurs between the powers of a civil servant and his personal interests. The author's personal position regarding the object of research is stated, and the definition of authorship is developed regarding the topic.

Tourism services’ regulation in the process of Uzbekistan’s accessing the WTO: legal and practical analyses

2024-04-08T14:05:02+05:00

Today, the World Trade Organization is the main foundation of all economic activity in globalized states. The membership of the Republic of Uzbekistan in this organization will create the responsibility for a comprehensive analysis of the issues of its membership in the future, which will play an important role in the further integration of the country into the world community. The General Agreement on Trade in Services, as an integral treaty of this system, is considered to be one of the important agreements. The research paper emphasizes the legal and practical aspects of the regulation of tourism services in the framework of the GATS during this accession process. Moreover, recommendations based on international-legal norms on the WTO, scientific sources, and the results of in-depth interviews with foreign and national professionals, as well as academicians, which should be implemented in the conditions of Uzbekistan’s joining the organization have been proposed.

De-identification and anonymization: legal and technical approaches

2024-04-08T14:08:34+05:00

This study analyzes legal and technical approaches to data de-identification and anonymization, motivated by the need to develop balanced standards that preserve privacy without stifling beneficial data uses. Doctrinal and technical literature review methods examine provisions in major data protection laws worldwide, including the EU's GDPR, US HIPAA, and emerging frameworks in China, India, and Uzbekistan, alongside mathematical models like differential privacy and k-anonymity. The legal analysis reveals common themes like flexible research exemptions for anonymized data and calibrating standards based on sensitivity, but also gaps such as ambiguities around pseudonymization. The technical review highlights the strengths and weaknesses of encryption, perturbation, generalization, and federation techniques, emphasizing the need to complement mathematical methods with governance controls. Key findings include the importance of allowing contextual optimization, providing detailed regulatory guidance, and addressing re-identification incentives. Recommendations are provided for advancing Uzbekistan's data protection laws and practices based on international experiences, such as enabling public oversight, conducting localized impact assessments, and promoting privacy-enhancing technologies. The study concludes that to anonymize data in a way that enables research while also protecting people's rights, we need a comprehensive approach that includes laws, organizational rules, technical safeguards, ethical decision-making, and public input. All of these parts working together is important for successful data anonymization.

Legal analysis of the law of the republic of Uzbekistan "on payments and payment system"

2024-04-08T14:11:06+05:00

This paper examines Uzbekistan's legislation governing payments and payment systems, Law No. LRU-578, enacted on November 1, 2019. It provides background on the law's objectives of regulating relationships around payment services among individuals and entities. The aim is to assess key provisions concerning system operators, participant roles, licensing, risk management, settlement finality, electronic money, security protocols, and Central Bank oversight. Methodologically, the law's text is reviewed to summarize directives and elucidate concepts. Results detail defined terms, system categorization, operator functions, settlement irrevocability, licensing procedures, electronic currency parameters, risk mitigation, incident reporting, and non-compliance penalties. While underscoring integrity, efficiency, and oversight of payment systems, certain technology-based transactions are excluded. Recommendations include ensuring comprehensive coverage in line with global frameworks, emphasizing consumer protection, and addressing emerging electronic platforms. As digital payments growth accelerates globally, analysis of Uzbekistan’s updated legal basis and directions for further strengthening are pertinent.