Business Programme

PLENARY SESSION

  The main topic of the forum:«FUNDAMENTAL RIGHTS AS ETERNAL VALUES»

Format: offline

The opening statements

Discussion session

«ALTERNATIVE DISPUTE RESOLUTION: FROM MEDIATION TO ARBITRATION»

 In today’s world, in the rapidly developing globalization of the economy, the unification of legislation at the regional and international levels, International arbitration as an alternative form of dispute resolution is becoming increasingly important as a fundamental element of market relations, both nationally and internationally.

 With the expansion of trade and economic relations, Central Asia, and in particular Uzbekistan, is becoming one of the points of growth.

 Economic growth implies active investment policies, where rapid and effective resolution of disputes is an important condition.

 In this regard, investment and commercial arbitration have long been and continue to be preferred mechanisms for resolving cross-border disputes.

 As a result, attention is being given to the establishment of legal and institutional frameworks in this area. In particular, the Law of the Republic of Uzbekistan «On International Commercial Arbitration» was adopted in 2021.

 The Act established the mechanism for the arbitration agreement, the appointment of arbitrators and the conduct of arbitration.

 Thus, legal conditions have been created in Uzbekistan to protect the rights and legitimate interests of business entities, including investors and other participants in foreign economic activities.

 It should be noted that arbitration is one of the most important institutions of civil society, exercising public functions and providing an alternative means of dispute resolution.

 In this regard, the following issues will be discussed during this discussion session:

– analysis of best foreign experience and legislative approaches to the regulation of investment and commercial arbitration;

– identifying practical ways of further implementation of arbitration in the national context of the Central Asian region;

– strengthening the material base for arbitration proceedings;

– ensuring compliance with international treaties relating to the recognition and enforcement of arbitral awards;

– the formation of a highly qualified team of professional arbitrators, taking into account national state specifics and international best practices.

«COMPETITIVE LEGAL FRAMEWORK AS THE MAIN VALUE OF MODERN RULEMAKING»

  The successful implementation of public policy largely depends on the quality of the rule-making process. Technological progress and subsequent changes in living conditions require constant improvement of the legal framework. In this regard, the legal framework is in constant dynamics. The main goal is to ensure high–quality legal regulation of modern legal relations. It should be noted that in Uzbekistan, in recent years, completely new institutions have been introduced for the national legislation, such as regulatory impact assessment, public discussion of draft normative legal acts, anti-corruption and gender-legal expertise, systematization of legislation by the guillotine method, transition to an electronic format of rulemaking, etc. Work in this direction continues in almost every country in the world. But in modern conditions, it requires a more operational and creative approach. Regarding efficiency, the speed of changes is increasing, accordingly, legislators should have time to create a legal framework. The creative approach lies in the ability of legislators to feel the spirit of change. Today, the world practically lives in the digital plane. But the current legal framework was created for legal relations in the traditional form. In this regard, there are gaps in ensuring fundamental rights that would correspond to the ongoing technological progress. Of course, this topic has a global and interdisciplinary character. But, as they say, the most important thing is to take the first step. And this step, in our opinion, should first of all consist in improving the technique of rule-making. In this regard, during this discussion session it is planned to discuss the following topics:

–  methodology for assessing legislation based on data;

–  better regulation;

–  how can we ensure the quality of the draft law being developed in a short time;

–  legislation as a code (algorithmic regulation);

–  forecasting and ensuring the stability of legislation;

–  assessment of regulatory impact;

–  modern methods of legal expertise of draft normative legal acts;

–  analysis of the effectiveness of legislation, etc.

«THE CIVIL CODE: UPGRADE COURSE »

–  One of the most important legal acts in history, which brought back the traditions of Roman law and became a model for lawmakers, was adopted 215 years ago in France: on March 21, 1804, the Civil Code, also known as the Napoleonic Code, entered into force in France. On this occasion, Napoleon said: "My real glory is not the 40 battles I won, for Waterloo's defeat will destroy the memory of as many victories. What nothing will destroy, what will live forever, is my Civil Code.

  The Civil Code, as an act of codification of civil law, is of fundamental importance for the further improvement of the entire civil law legislative system. In this regard, it is called the "Economic Constitution".

  The basic principles of civil law are fundamental. A vivid evidence of this is the relevance of the postulates of Roman private law, which served as the basis for the basic principles of civil legislation.

  In civil legislation, succession in time is mandatory, which implies a consistent transition from the past to the present and further to the future. The main goal of the transition is to solve new socio-economic problems on the basis of stable codified laws. Therefore, as in many other countries, the issue of updating the Civil Code is being considered in Uzbekistan. This is due to several reasons. The first reason is technological progress and the transition to a digital format. The second reason is globalization. Modern business prefers to act according to the rules of English law. The third reason is integration. We are talking, in particular, about the resumption of negotiations on an accession of Uzbekistan to the World Trade Organization.

  In this regard, during this discussion session it is planned to discuss the following topics:

–  novelties that make law enforcement practice more modern and competitive;

–  improvement of contract law and modernization of certain types of contracts;

–  reform of inheritance law;

–  a detailed system of property rights;

–  modern legal framework of corporate relations;

–  termination and modification of obligations;

–  legal regulation of digitalization and electronic interaction of civil turnover participants;

–  xproblems of the development of civil law as the main branch of private law, etc.

«ANTI-CORRUPTION POLICY»

  Building a democratic State based on the principle of the rule of law, in which the fundamental rights and freedoms of the individuals are respected, is unthinkable without combatting corruption.

  Therefore, special attention is paid to the fight against corruption at the international and national levels.

  The United Nations views corruption as a complex social, cultural and economic phenomenon affecting all countries. Transparency International defines corruption as the abuse of entrusted power for private gain.

  Systematic work to combat corruption in all its forms, as well as the improvement of legal mechanisms, is a priority task of authorities at all levels.

  The United Nations Convention against Corruption states that the prevention and eradication of corruption is the responsibility of all States and that in order to ensure the effectiveness of their efforts in this area, they must cooperate with each other with the support and participation of individuals and groups outside the public sector, such as civil society, non–governmental organizations and organizations operating in the community base.

  Thus, the anti-corruption measures implemented by the state can be successful only if civil society institutions and individuals are actively involved in this process.

  Each of us can and must live and work in accordance with the law – and thus contribute to the common cause of the fight against corruption.

  During this discussion session, it is planned to discuss the following topics:

–  modern methods of prevention, counteraction and fight against corruption;

–  best practices for the eradication of corruption in the public service;

–  corruption, human rights and judicial independence;

–  values and trust as factors of attitude to corruption;

–  openness and publicity as methods of fighting corruption;

–  digitalization and transition to an electronic format of relations between the state, society and business to minimize corruption risks;

–  compliance control, etc.

«CONTINUOUS PROFESSIONAL DEVELOPMENT OF LEGAL PERSONNEL»

 A wise proverb says: “Live and learn”. This is particularly true for lawyers. The development of information technology has an impact on the transformation of various professions, including lawyers.

  Today, lawyers need both hard skills and soft skills.

  The term "Hard skills" means knowledge of legislation, doctrine and judicial practice. And "Soft skills" are flexible, additional, practical ones. In simple words, this term refers to the personal qualities and skills of a lawyer, which not only increase his professional efficiency, but also affect how his life develops as a whole.

  If the basic "Hard skills" are mainly laid down during studies at a higher educational institution, then "Soft skills" are formed throughout the entire professional activity of a lawyer.

  In terms of continuing education, including through advanced training, various institutes of professional education come to lawyers. For example, in the system of the Ministry of Justice, along with the Tashkent State Law University, there is a Center for Advanced training of lawyers.

  The importance of professional development of lawyers in ensuring fundamental rights is to improve the quality of lawyers' work. In turn, high-quality work of lawyers is the key to ensuring fundamental rights. Maintaining and improving the level of professionalism of lawyers is necessary for the proper performance of their professional duties.

–  huquqshunoslarning malakasini oshirish bo‘yicha ilg‘or jahon amaliyotlari;

  During this discussion session, it is planned to discuss the following topics:

–  improvement of the institutional and methodological foundations of continuous professional development of legal personnel;

–  the best world practices of professional development of lawyers;

–  formation of critical, constructive and creative thinking among lawyers;

–  the most important skills of a modern lawyer;

–  modern directions of professional development of lawyers, etc.

Round table

«MODERN TRENDS IN THE DEVELOPMENT OF FORENSIC EXAMINATION»

  Forensic examination is a procedural action in civil, economic, criminal and administrative proceedings aimed at establishing the circumstances of the case and consisting in conducting forensic research and giving an opinion by a forensic expert based on special knowledge in the field of science, technology, art or craft.

  A special role in ensuring the rule of law is assigned to forensic expertise, since the effectiveness of protecting the constitutional rights and interests of citizens and legal entities is directly related to providing the courts with convincing and irrefutable evidence.

  During this discussion session, it is planned to discuss the following topics:

–  ensuring the objectivity and independence of forensic examination;

–  expansion of forensic activities, improving the quality and reliability of forensic examination;

–  development of research work in forensic activities, including the improvement of methodology and regulations, as well as the introduction into the field of achievements of science and technology;

–  increasing the capacity of forensic experts, creating an effective system for training forensic experts;

–  development of the institution of non-state forensic examination;

–  trends in the development of comprehensive examinations;

–  trends in the development of forensic expertise based on information technology, etc.

«NEW VISION AND PROSPECTS OF LEGAL EDUCATION FOR THE DIGITAL GENERATION»

  Staffs decide everything. In this regard, it is important for Uzbekistan not to miss the digital generation by including its potential in long-term development strategies, which will require large-scale studies of this age group in order to determine the range of its priorities, values and life plans, as well as to compare the results with the results of studies conducted in countries with leading economies.

  The introduction of digital technologies in the educational process is changing its appearance, methodology and approaches to the organization of learning process. Traditional forms of education are being replaced by technologies that imply fundamentally different ways of obtaining and disseminating knowledge, developing skills and abilities.

  Modern jurisprudence is becoming a global profession. This involves multi-level and long-term professional training of lawyers.

  When introducing a digital model of education, priority should be given to preserving the classical values and goals of legal education. Law students need to develop a culture of interaction through digital systems, the ability to combine security measures to preserve personal data and types of secrets protected by law. This, in turn, requires the formation of analytical thinking.

  During this discussion session, it is planned to discuss the following topics:

–  pros and cons of digital transformation of legal education;

–  critical reassessment of the quality of legal education;

–  new standards of fundamental (analytical) jurisprudence;

–  digital literacy and digital competencies of lawyers;

–  preparation of a new generation of teachers of legal sciences;

–  modern educational technologies, etc.

«NOTARY IN THE DIGITAL AGE»

  In the new era of global digitalization, the profession of a notary is reaching a completely new level that quickly adapting to the changing socio-economic formats.

  A modern notary is, first of all, a highly qualified lawyer with knowledge of various branches of law, able to quickly and reliably determine the true intentions of a client.

  Today it is difficult to imagine life without a notary. This public institution removes many issues in the undisputed jurisdiction, responsibly protecting the rights and legitimate interests of citizens. Indeed, the recent history of notaries and its present have become a concentrated example of responsible development, initiative and foresight, the ability to apply the results of scientific and technological progress to the legal system for the benefit of society.

  However, there is still a long way to go in this direction. The Notary Chamber and the Ministry of Justice of the Republic of Uzbekistan face new long-term tasks, the implementation of which will further ensure the protection of the rights and legitimate interests of citizens, as well as eliminate bureaucracy, paperwork, corruption and other socially negative phenomena.

  During this discussion session, it is planned to discuss the following topics:

–  remote, mobile notaries;

–  mediation in a notary;

–  best practices for improving notarial services for the population;

–  development of notaries in the process of digitalization of civil circulation;

–  the role of notaries in ensuring the stability of the digital economy.

–  social function of the notary, etc.

«PUBLIC SERVICES: SUCCESSES, CHALLENGES AND PROSPECTS»

  Digitalization of public services is a priority for the development of the state. Digital technologies are actively used to improve the work of state and economic management bodies, to form an effective mechanism of interaction between the authorities and the population.

  These tasks are carried out through the development of the e-government system. Large-scale reforms in the public sector cover all spheres of activity without exception with the broad involvement of ministries and agencies.

  To ensure the transition of the national system of public services to a qualitatively new level, public service centers (PSC) have been established in each district (city).

  At the beginning of its activity, PSC provided only 37 types of services. As of today, the corresponding indicator has been increased to 258. In total, more than 40 million services were rendered through the Central State University in 2018-2022.

  Taking into account the current state of the direction and the best practices of foreign countries, the National Strategy for Modernization and Accelerated Development of the public Services system for 2022-2026 and the roadmap for its implementation in 2022-2023 have been approved. The document was developed on the principle of "Citizen in the center of attention in the provision of public services" (Citizen – centric service).

–  During this discussion session, it is planned to discuss the following topics:

–  priority directions for further digitalization of public services;

–  best practices in the provision of public services and public services;

–  development of digitalization;

–  the role of public services in ensuring the stability of the digital economy.

«THE ECOSYSTEM OF INTELLECTUAL PROPERTY IS A TOOL FOR THE FORMATION OF THE INNOVATIVE AND INDUSTRIAL ENVIRONMENT OF UZBEKISTAN»

Today, intellectual property (IP) is one of the most important tools for the economic development of every country.

As international experience shows, all countries in which a modern IP ecosystem has been formed occupy leading positions in the international economic arena.

In turn, it creates favorable conditions for representatives of creative and entrepreneurial activities to create new IP objects, including inventions, software and means of individualization (brands), which is the driving force of building a modern economy.

The development of a country’s economic potential depends on the existence of a successful IP ecosystem. After all, a significant part of the modern economy rests on products created by human intelligence. The main advantage of IP as capital is its unlimitedness.

In addition, the formation of the IP ecosystem plays a key role in attracting foreign investors, as it is one of the factors in increasing the investment attractiveness of the country. The constituent elements of attractiveness are the creation of an innovative and industrial environment in the country by supporting the promotion and reliable legal protection of IP objects.

In the modern economy, the key component of the added value of a product is the cost of IP. It is creative human capital that accelerates the process of creating and distributing high-tech products.

In short, the functioning of a healthy IP ecosystem is the most important indicator of the economic development of a society.

WORKSHOP

«ADMINISTRATIVE PROCEDURES: LEGAL EDUCATIONAL PROGRAM OR JUST ABOUT COMPLEX»

  According to national legislation, administrative procedure is procedural rules governing the administrative and legal activities of administrative bodies;

  It should be noted that for a long time in Uzbekistan there was no single systematized law regulating the implementation of administrative procedures by state bodies.

  In particular, the Law of the Republic of Uzbekistan "On Administrative Procedure" was adopted in 2017 and entered into force in 2018.

  But, as experts note, the Law on Administrative Procedures is applied sluggishly and reluctantly, although thanks to the law, society, business and the state could make a breakthrough in ensuring fundamental rights and attracting investment.

  The reason, perhaps, lies in the difficulty of understanding the basic provisions of this institution.

  In this regard, the program of the Forum includes a workshop on the subject of administrative procedures.

  Igor Moiseevich Tsai, a leading expert in this field, Deputy Director of the Research Center
for State Construction and Public Law at the University of World Economy and Diplomacy, will be brought in as a trainer.

«NEW LABOR CODE OF UZBEKISTAN»

  In 2022, Uzbekistan adopted a new Labor Code, which will enter into force on April 30, 2023.

  The new version of the Code consists of 7 sections, 34 chapters and 581 articles

  The new Code provides for the following innovations:

–  the dependence of the amount of severance pay on the length of service with the employer;

–  updated the terms of conclusion, amendment and termination of the employment contract;

–  expanded the grounds for the emergence of individual labor relations;

–  ensuring the principle of "gender neutrality" in the regulation of the work of employees who combine work with family responsibilities;

–  the concept of social partnership in the field of labor is enshrined;

–  the main issues of digitalization of labor processes are regulated;

–  a mechanism for protecting personal data of employees has been introduced;

–  expanded types of working hours;

–  clarified the system of remuneration, etc.

 Ruslan Vladimirovich Udras, Head of the Legal Service of AION BEVERAGES LLC, will tell you in detail about all the innovations.