economy-2023_02(101)

["\u2116 2 (101) \u0444\u0435\u0432\u0440\u0430\u043b\u044c, 2023 \u0433. operate within the framework of the One Belt - One As of the end of November 2021, 652.2 thousand Road project. Most companies are engaged in providing goods were transported through the Republic of legal assistance to participants in the market of logistics Kazakhstan, which is 30.8% more than in the same operations, including contractual work [5]. The service period of 2020 [6]. Investments of the Chinese side in element includes the activities of banks and customs the infrastructure of the Republic of Kazakhstan for the brokers. As of 2022, a branch of 21 commercial banks period 2013-2020 amounted to $18.5 billion, of which operates in the Republic of Kazakhstan. The technical $3.8 billion were directed to the country's transport element is associated with the development of various sector. It is advisable to analyze the relationship between software applications and routes at the request of carrier investments in the logistics infrastructure of the companies. Republic of Kazakhstan within the framework of the One Belt - One Road project and the number of services Thus, each of the presented elements of the logistics provided by various elements of the logistics infrastructure infrastructure is associated with the organization of for the period 2013-2020. The analysis made on the efficient transport services on the routes of the One Belt - example of the work of research institutes, the regulatory One Road project. element (legal and consulting companies), and the service element (Table 1). Research process Table 1. Dependence of Chinese investments and the development of elements of the logistics infrastructure of the Republic of Kazakhstan 2013-2020 Period Investment in logistics Costs for scientific Costs for regulatory Costs for service infrastructure element, element, element, 2013 ($ million) (\u04451) 2014 418 ($ million) (\u04431) ($ million) (\u04432) ($ million) (\u04433) 2015 304 143 729 396 2016 147 697 385 2017 342 2018 114 496 287 2019 836 2020 722 85 345 189 137 531 334 532 124 488 323 380 266 143 529 354 112 517 346 *Source: [7] Within the framework of the presented analysis, it element (banks, insurance companies, customs brokers - is advisable to formulate three types of regressions increases by 21.3%. between investments (x1) and each of the analyzed elements of the logistics infrastructure of Kazakhstan Conclusion (research, regulatory and service). The purpose of the study was to investigate the In conclusion, of the study, the following regression development of elements of transport logistics equations were obtained: infrastructure under the influence of Chinese investment. For this purpose, the regression analysis was For scientific element: y = 0.0468 x + 147.878 used. As a result, a number of quantitative values of the For the regulatory element: y = 0.341 x + 703.575 impact of Chinese investments were obtained using the For service element: y = 0.213 x + 427.964 example of three elements of the logistics infrastructure. The resulting values are positive. As a result, we can Results conclude that Chinese investments have a significant positive impact on the transport infrastructure of the In accordance with the presented analysis, in the case Republic of Kazakhstan. of using a unit of investment, the number of services of scientific institutions increases by an average of 4.68%, services of consulting and legal companies (regulatory element) - increases by 34.1%, and services of a service References: 1. Iskakov G.A., Kegenbekov Zh.K. The role of the Republic of Kazakhstan in the project \\\"Belt and Road Initiative\\\" \/\/ Scientific problems of water transport. 2021. No. 67. pp. 67-74. 2. Gasparyan K. Participation of Kazakhstan in China's initiative \\\"One Belt - One Road\\\" \/\/ Post-Soviet Studies. 2019. No. 5. pp. 6-18. 3. Shulzhenko T.G., Yakovleva D.O. Economic substantiation of strategies for the development of digital logistics infrastructure in supply chains. Izvestiya St. Petersburg State University of Economics. 2022. No. 2 (134). pp. 101-107. 50","\u2116 2 (101) \u0444\u0435\u0432\u0440\u0430\u043b\u044c, 2023 \u0433. 4. Official Internet portal of LLP \\\"Scientific Research and Design Institute of Transport and Communications\\\" \/\/ [Electronic source]. Access: https:\/\/niitk.kz\/ (20.12.2022). 5. Bochegov M.A., Savchenko T.O. The influence of modern logistics elements on the development of logistics \/\/ Problems of Science. 2022. No. 1 (69). pp. 14-25. 6. How Kazakhstan makes money on the One Belt - One Road project \/\/ [Electronic source]. Access: https:\/\/forbes.kz\/\/finances\/markets\/ostaetsya_li_proekt_odin_poyas_-_odin_put_po-prejnemu_perspektivnyim\/? (20.12.2022). 7. Analysis of trade in the Republic of Kazakhstan \/\/ [Electronic source]. Access: https:\/\/tradereport.kz\/? (20.12.2022). 51","\u2116 2 (101) \u0444\u0435\u0432\u0440\u0430\u043b\u044c, 2023 \u0433. THEORY AND HISTORY OF LAW AND THE STATE, THE HISTORY OF THE DOCTRINE OF LAW AND THE STATE DOI \u2013 10.32743\/UniLaw.2023.101.2.14890 ARAL ECOLOGICAL CATASTROPHE: HISTORICAL AND MODERN SOURCES OF PUBLIC ENVIRONMENTAL LAW Karligash Umarova Doctor of juridical sciences, professor of Karakalpak State University, Republic Uzbekistan, Nukus E-mail: [email protected] \u0410\u0420\u0410\u041b\u042c\u0421\u041a\u0410\u042f \u042d\u041a\u041e\u041b\u041e\u0413\u0418\u0427\u0415\u0421\u041a\u0410\u042f \u041a\u0410\u0422\u0410\u0421\u0422\u0420\u041e\u0424\u0410: \u0418\u0421\u0422\u041e\u0420\u0418\u0427\u0415\u0421\u041a\u0418\u0415 \u0418 \u0421\u041e\u0412\u0420\u0415\u041c\u0415\u041d\u041d\u042b\u0415 \u0418\u0421\u0422\u041e\u0427\u041d\u0418\u041a\u0418 \u041f\u0423\u0411\u041b\u0418\u0427\u041d\u041e\u0413\u041e \u042d\u041a\u041e\u041b\u041e\u0413\u0418\u0427\u0415\u0421\u041a\u041e\u0413\u041e \u041f\u0420\u0410\u0412\u0410 \u0423\u043c\u0430\u0440\u043e\u0432\u0430 \u041a\u0430\u0440\u043b\u044b\u0433\u0430\u0448 \u0423\u043c\u0430\u0440\u043e\u0432\u043d\u0430 \u0434-\u0440 \u044e\u0440\u0438\u0434. \u043d\u0430\u0443\u043a, \u043f\u0440\u043e\u0444\u0435\u0441\u0441\u043e\u0440 \u041a\u0413\u0423, \u0420\u0435\u0441\u043f\u0443\u0431\u043b\u0438\u043a\u0430 \u0423\u0437\u0431\u0435\u043a\u0438\u0441\u0442\u0430\u043d, \u0433. \u041d\u0443\u043a\u0443\u0441 E-mail: [email protected] ABSTRACT The implementation of the joint decisions of the Central Committee of the CPSU and the government of the Soviet authorities of the 19th and the mid of 20th centuries led to an environmental disaster in the Aral Sea region (Uzbekistan and Karakalpakstan), which is still remains an environmental disaster zone. These decisions on the rotation of the Amu Darya River for the purpose of developing desert lands were not studied from the perspective of public sources of envi- ronmental law or from the perspective of law and lawmaking, and they were not the subject of a comparative assessment with modern sources in terms of preserving legal traditions. The historical sources of public environmental law are studied by the methods of historical, comparatively functional analysis, as a result of an interdisciplinary approach - conclusions are drawn on the addition of the history and theory of the state and law of Uzbekistan, individual civil and environmental law institutions. \u0410\u041d\u041d\u041e\u0422\u0410\u0426\u0418\u042f \u0420\u0435\u0430\u043b\u0438\u0437\u0430\u0446\u0438\u044f \u0441\u043e\u0432\u043c\u0435\u0441\u0442\u043d\u044b\u0445 \u0440\u0435\u0448\u0435\u043d\u0438\u0439 \u0426\u041a \u041a\u041f\u0421\u0421 \u0438 \u043f\u0440\u0430\u0432\u0438\u0442\u0435\u043b\u044c\u0441\u0442\u0432\u0430 \u0441\u043e\u0432\u0435\u0442\u0441\u043a\u0438\u0445 \u0432\u043b\u0430\u0441\u0442\u0435\u0439 XIX \u0438 \u0441\u0435\u0440\u0435\u0434\u0438\u043d\u044b XX \u0432\u0432. \u043f\u0440\u0438- \u0432\u0435\u043b\u0430 \u043a \u044d\u043a\u043e\u043b\u043e\u0433\u0438\u0447\u0435\u0441\u043a\u043e\u0439 \u043a\u0430\u0442\u0430\u0441\u0442\u0440\u043e\u0444\u0435 \u0432 \u041f\u0440\u0438\u0430\u0440\u0430\u043b\u044c\u0435 (\u0423\u0437\u0431\u0435\u043a\u0438\u0441\u0442\u0430\u043d \u0438 \u041a\u0430\u0440\u0430\u043a\u0430\u043b\u043f\u0430\u043a\u0441\u0442\u0430\u043d), \u043a\u043e\u0442\u043e\u0440\u0430\u044f \u0434\u043e \u0441\u0438\u0445 \u043f\u043e\u0440 \u043e\u0441\u0442\u0430\u0435\u0442\u0441\u044f \u0437\u043e\u043d\u043e\u0439 \u044d\u043a\u043e\u043b\u043e\u0433\u0438\u0447\u0435\u0441\u043a\u043e\u0433\u043e \u0431\u0435\u0434\u0441\u0442\u0432\u0438\u044f. \u042d\u0442\u0438 \u0440\u0435\u0448\u0435\u043d\u0438\u044f \u043f\u043e \u043f\u043e\u0432\u043e\u0440\u043e\u0442\u0443 \u0440\u0435\u043a\u0438 \u0410\u043c\u0443\u0434\u0430\u0440\u044c\u044f \u0432 \u0446\u0435\u043b\u044f\u0445 \u043e\u0441\u0432\u043e\u0435\u043d\u0438\u044f \u043f\u0443\u0441\u0442\u044b\u043d\u043d\u044b\u0445 \u0437\u0435\u043c\u0435\u043b\u044c \u043d\u0435 \u0438\u0437\u0443\u0447\u0430\u043b\u0438\u0441\u044c \u043d\u0438 \u0441 \u043f\u043e\u0437\u0438\u0446\u0438\u0439 \u043e\u0431\u0449\u0435\u0434\u043e\u0441\u0442\u0443\u043f\u043d\u044b\u0445 \u0438\u0441\u0442\u043e\u0447\u043d\u0438\u043a\u043e\u0432 \u044d\u043a\u043e\u043b\u043e\u0433\u0438\u0447\u0435\u0441\u043a\u043e\u0433\u043e \u043f\u0440\u0430\u0432\u0430, \u043d\u0438 \u0441 \u043f\u043e\u0437\u0438\u0446\u0438\u0439 \u043f\u0440\u0430\u0432\u0430 \u0438 \u043f\u0440\u0430\u0432\u043e\u0442\u0432\u043e\u0440\u0447\u0435\u0441\u0442\u0432\u0430, \u043d\u0435 \u044f\u0432\u043b\u044f\u043b\u0438\u0441\u044c \u043f\u0440\u0435\u0434\u043c\u0435\u0442\u043e\u043c \u0441\u0440\u0430\u0432\u043d\u0438\u0442\u0435\u043b\u044c\u043d\u043e\u0439 \u043e\u0446\u0435\u043d\u043a\u0438 \u0441 \u0441\u043e\u0432\u0440\u0435\u043c\u0435\u043d\u043d\u044b\u043c\u0438 \u0438\u0441\u0442\u043e\u0447\u043d\u0438\u043a\u0430\u043c\u0438 \u0441 \u0442\u043e\u0447\u043a\u0438 \u0437\u0440\u0435\u043d\u0438\u044f \u0441\u043e\u0445\u0440\u0430\u043d\u0435\u043d\u0438\u044f \u043f\u0440\u0430\u0432\u043e\u0432\u044b\u0445 \u0442\u0440\u0430\u0434\u0438\u0446\u0438\u0439. \u0418\u0441\u0442\u043e\u0440\u0438\u0447\u0435\u0441\u043a\u0438\u0435 \u0438\u0441\u0442\u043e\u0447\u043d\u0438\u043a\u0438 \u043f\u0443\u0431\u043b\u0438\u0447\u043d\u043e\u0433\u043e \u044d\u043a\u043e\u043b\u043e\u0433\u0438\u0447\u0435\u0441\u043a\u043e\u0433\u043e \u043f\u0440\u0430\u0432\u0430 \u0438\u0437\u0443\u0447\u0430\u044e\u0442\u0441\u044f \u043c\u0435\u0442\u043e\u0434\u0430\u043c\u0438 \u0438\u0441\u0442\u043e\u0440\u0438\u0447\u0435\u0441\u043a\u043e\u0433\u043e, \u0441\u0440\u0430\u0432\u043d\u0438\u0442\u0435\u043b\u044c\u043d\u043e- \u0444\u0443\u043d\u043a\u0446\u0438\u043e\u043d\u0430\u043b\u044c\u043d\u043e\u0433\u043e \u0430\u043d\u0430\u043b\u0438\u0437\u0430, \u0432 \u0440\u0435\u0437\u0443\u043b\u044c\u0442\u0430\u0442\u0435 \u043c\u0435\u0436\u0434\u0438\u0441\u0446\u0438\u043f\u043b\u0438\u043d\u0430\u0440\u043d\u043e\u0433\u043e \u043f\u043e\u0434\u0445\u043e\u0434\u0430 - \u0434\u0435\u043b\u0430\u044e\u0442\u0441\u044f \u0432\u044b\u0432\u043e\u0434\u044b \u043f\u043e \u0434\u043e\u043f\u043e\u043b\u043d\u0435\u043d\u0438\u044e \u0438\u0441\u0442\u043e\u0440\u0438\u0438 \u0438 \u0442\u0435\u043e\u0440\u0438\u0438 \u0433\u043e\u0441\u0443\u0434\u0430\u0440\u0441\u0442\u0432\u0430 \u0438 \u043f\u0440\u0430\u0432\u0430 \u0423\u0437\u0431\u0435\u043a\u0438\u0441\u0442\u0430\u043d\u0430, \u043e\u0442\u0434\u0435\u043b\u044c\u043d\u044b\u0445 \u0433\u0440\u0430\u0436\u0434\u0430\u043d\u0441\u043a\u0438\u0445 \u0438 \u044d\u043a\u043e\u043b\u043e\u0433\u0438\u0447\u0435\u0441\u043a\u0438\u0445 \u044e\u0440\u0438\u0434\u0438\u0447\u0435\u0441\u043a\u0438\u0445 \u0438\u043d\u0441\u0442\u0438\u0442\u0443\u0442\u043e\u0432. Keywords: Aral Sea region as a zone of environmental disaster, public sources of environmental law, subjects of public law, sources of law, lawmaking. \u041a\u043b\u044e\u0447\u0435\u0432\u044b\u0435 \u0441\u043b\u043e\u0432\u0430: \u0440\u0435\u0433\u0438\u043e\u043d \u0410\u0440\u0430\u043b\u044c\u0441\u043a\u043e\u0433\u043e \u043c\u043e\u0440\u044f \u043a\u0430\u043a \u0437\u043e\u043d\u0430 \u044d\u043a\u043e\u043b\u043e\u0433\u0438\u0447\u0435\u0441\u043a\u043e\u0433\u043e \u0431\u0435\u0434\u0441\u0442\u0432\u0438\u044f, \u043f\u0443\u0431\u043b\u0438\u0447\u043d\u044b\u0435 \u0438\u0441\u0442\u043e\u0447\u043d\u0438\u043a\u0438 \u044d\u043a\u043e\u043b\u043e- \u0433\u0438\u0447\u0435\u0441\u043a\u043e\u0433\u043e \u043f\u0440\u0430\u0432\u0430, \u0441\u0443\u0431\u044a\u0435\u043a\u0442\u044b \u043f\u0443\u0431\u043b\u0438\u0447\u043d\u043e\u0433\u043e \u043f\u0440\u0430\u0432\u0430, \u0438\u0441\u0442\u043e\u0447\u043d\u0438\u043a\u0438 \u043f\u0440\u0430\u0432\u0430, \u043f\u0440\u0430\u0432\u043e\u0442\u0432\u043e\u0440\u0447\u0435\u0441\u0442\u0432\u043e. ________________________________________________________________________________________________ On the topic of historical sources of law, there are and law Of Uzbekistan, resolutions of the Party and USSR Government (period: 1939-1979), the execution of which many fundamental works, scientific monographs of fa- led to the Aral Sea tragedy and the resolutions adopted in the Republic of Uzbekistan in recent years, have not mous scientists of the world, which retain their value been investigated from the perspective of the law-making tradition. and develop in modern times, answering questions of the Problems of compensation for environmental nature of sources of public law in general and environ- harm was considered in the light of the theory of mental law in particular [8, \u0440.228]. M.M. Brinchuk (2009; 2016), N.V. Danilova (2014), The joint decisions of the party and the government as sources of law were studied by Russian scholars, lawyers[1, \u0440.9], but in the history and theory of state ___________________________ \u0411\u0438\u0431\u043b\u0438\u043e\u0433\u0440\u0430\u0444\u0438\u0447\u0435\u0441\u043a\u043e\u0435 \u043e\u043f\u0438\u0441\u0430\u043d\u0438\u0435: Umarova K. ARAL ECOLOGICAL CATASTROPHE: HISTORICAL AND MODERN SOURCES OF PUBLIC ENVIRONMENTAL LAW \/\/ Universum: \u044d\u043a\u043e\u043d\u043e\u043c\u0438\u043a\u0430 \u0438 \u044e\u0440\u0438\u0441\u043f\u0440\u0443\u0434\u0435\u043d\u0446\u0438\u044f : \u044d\u043b\u0435\u043a\u0442\u0440\u043e\u043d. \u043d\u0430\u0443\u0447\u043d. \u0436\u0443\u0440\u043d. 2023. 2(101). URL: https:\/\/7universum.com\/ru\/economy\/archive\/item\/14890","\u2116 2 (101) \u0444\u0435\u0432\u0440\u0430\u043b\u044c, 2023 \u0433. V.V. Nikishin (2009), and A.V. Kodolova (2014), who ignoring the inclusion of legal doctrine in legal formation examined the problems of legal regulation of the elimi- deprives the source of the law of its scientific nature. nation of past environmental damage. It is known that C. von Savigny distinguished two The individual institutes of civil law and environ- types of activities of the legal class: material or formal, mental law of Uzbekistan do not define the regulatory basis and purely scientific, as it brings to consciousness and for liability for environmental damage. So, M.M. Brinchuk scientifically sets forth the law in general, whatever way in his basic research emphasizes that the selection on the it arises. Thanks to the scientific nature attached to the basis of scientific analysis of a new type of legal respon- material, which seeks to reveal its inner unity and give sibility requires certain actions in science and practice. it a finished form, a new organic life arises that works First of all, this concerns the recognition in the general creatively on the material itself, so that science as such theory of law of environmental legal responsibility as an becomes a new kind of creation of law. Through this sci- independent type of legal responsibility. The past and entific process, the law is facilitated and guaranteed existing water management system and intensive nature dominance over living conditions [5, \u0440.168]. management have led to the formation of a number of common environmental problems in the territory of The main objectives of the study are the analysis Central Asian countries, one of which is the definition and evaluation of 20 joint decisions of the party and gov- of an interstate agreement on the distribution of Amu Darya ernment of the USSR 1939 - 1979 as sources of public waters. law with the purpose of their subsequent comparison with the law-making mechanism in the recent history of The conceptual basis of the research. For this Uzbekistan, which predetermined by the study of the research, the starting concepts were: theories of sources practical problems of the legal definition of \u201cliability for of law; the conceptual framework for environmental dam- past environmental damage (LPED)\u201d. There are many age compensation; questions about the interstate solution theories of scientists from Russia and other countries of the distribution of water of the Amu Darya River. about environmental legal responsibility, which are not only scientific, but practical in the context of the Aral The value of the research of N.M.Korkunov that, Sea problem under consideration. on the basis of the specific features of various forms of sources of law, it is possible, in turn, to judge the nature First and foremost author have in mind the justifica- and character of the law itself to this day. In his lectures tion of environmental responsibility as an independent on the general theory of law, he, in particular, noted that type of legal responsibility as it reflected in writings \u201cdefinitions of legal norms by their source are more ob- of B.V. Erofeev, V.V. Petrov (in the 1970-1980), jective than definitions by content\u201d. They do not pass M.M. Brinchuk, (2009), on the point of view of into a judgment of the law, do not indicate what the law S.A. Bogolyubov (2011), who considers unacceptable should be, but mean to indicate the distinguishing feature recognition of the independence of environmental and of the existing legal norms [3, \u0440.115]. legal responsibility. In a pro-civic concept, harm caused by an environmental offense is considered as a kind of The research of the sources of law cannot but be civil law damage caused by a violation of environmental based on the theory of G.F. Shershenevich, who noteds law. The author was a supporter of the opinion of that definition \u201csource of law\u201d also means: a) a force, that I.Yu.Rebikov (2011) [7, \u0440.128] since the compensation create law; b) materials \\\"laid the foundation for a particular for environmental harm should come from the obligation legislation\\\"; c) historical monuments, \\\"which once had due to harm and is part of this institution of civil law. the meaning of existing law\\\"; d) tools for discovery the existing law. The allocation of \u201ca force, that create law\u201d The theories noted above can be the subject of focuses on a subjective source, since public law cannot scientific discussions to improve the development of the coexist without subjective law, which was determined concept of environmental responsibility for creating an \u201cfrom the filing\u201d of B.N. Chicherin (\u201cPhilosophy of Law\u201d environmental disaster zone, as the Aral Sea region. (1900)) \u201cas a moral opportunity, or, otherwise, as legal Such a scientific concept should predetermine changes, freedom to do or demand something\u201d and objective law additions or novels to the current legislation. was seen as \u201cthe very law that defines this freedom\u201d [9, \u0440. 698]. This study cannot cover all the problematic aspects of the ecological crisis and the issues of their solution, According to A. Ya. Vyshinsky (1938), the joint de- but, as it seems to the author, putting the ecological cisions of the party and the government of the Soviet era problems of the Aral Sea region to a constitutional con- are traditionally correctly evaluated as a rule, from nar- trol solution and taking these problems to the priority rowly normative-positivist positions based on the defi- level by media will contribute to the effective imple- nition of the concept of law. The sources of Soviet law mentation of environmental laws and the satisfaction of carried the prevailing ideology and were limited by it. the majority of the population to have a systematic reliable As V.S. Neresyants noted, \u201cin fact, illegal legal power- information about the state of the environment. command rules (\u201cnorms\u201d) are issued here as \u201claw\u201d. The legal-positivist construct is used to create the appearance Statement of problems. The degradation of the of the existence of law where it does not and cannot ex- Aral Sea ecosystem, water problems, and the deteriora- ist\u201d [5, \u0440.168]. tion of sanitary conditions have been recognized since 1975 and remains a zone of environmental disaster, un- The historical experience of Soviet law-making pre- dergoing climatic, water, sanitary and epidemiological determines that modern law-making should not be the difficulties. The global environmental impact and the result of only the activities of public entities. In this regard, importance of their elimination in the legal perspective 53","\u2116 2 (101) \u0444\u0435\u0432\u0440\u0430\u043b\u044c, 2023 \u0433. puts forward new requirements for the implementation 15th anniversary of the republic\u2019s foundation, the Uz- of the state\u2019s environmental policy, parliamentary con- bek SSR was awarded the Order of Lenin for successes trol over the implementation of environmental laws, in the development of agriculture, especially cotton their analytical coverage in the media, and the availabil- growing, and at the same time, in December 1939, the ity of justice for environmental damage compensation. Great Ferghana Canal was put into operation, which was The practical solution to these problems, in opinion the created by the popular construction sites. This has im- author, should be preceded by scientific justification, proved water supply over an area of over 500 thousand since, as can be seen from historical chronology, the ha of irrigated land. Aral Sea problem has been discussed at different levels and in different scientific areas, however, historical and The cotton harvest in 1940 exceeded 2.7 times the modern sources of environmental law, issues of deter- harvest of 1913 and amounted to 62% of cotton received mining modern environmental law-making, and com- in the USSR. In 1945, another resolution of the USSR pensation for environmental damage remain unexplored Council of People's Commissars \\\"On Measures for the in civil law, problems of the implementation of environ- Restoration and Further Development of Cotton Produc- mental laws of the country and interstate approvals for tion in Uzbekistan\\\" was issued, which was promulgated distribution waters of the Amu Darya. by a special resolution of the USSR Council of People's Commissars \\\"On a Plan and Measures for the Restoration Methods. Decisions of the party and government and Further Promotion of Cotton Production in Uzbeki- of the USSR 1939 - 1979 and normative legal acts stan\u201d for the Period 1946-1953. of the 20th and 21st centuries adopted in the Republic of Uzbekistan are analyzed as sources of public environ- Decree of the Council of Ministers of the USSR of mental law, methods of historical - comparative, functional April 30, 1951 No. 1426 \\\"On measures to ensure the im- and comparative analysis, comparison of documents plementation by the Ministry of Cotton Production of from 1939-1970 with official documents adopted since the USSR, the Ministry of Agriculture of the USSR and 1991 until in modern times. Since the questions relate to the Ministry of State Farms of the USSR of design, sur- historical and modern sources of law, special issues of vey and construction works on irrigation and irrigation civil liability for environmental damage, implementa- of lands in connection with the construction of the Main tion of environmental laws and international treaties, an Turkmen Canal of Amu Darya-Krasnovodsk\\\" and Res- interdisciplinary approach is required. The results of the olution of the Central Committee of the CPSU and the interdisciplinary method will be relevant decisions re- Council of Ministers of the USSR \\\"On the Further De- garding a particular discipline. velopment of Cotton Production in the Uzbek SSR in 1954-1958\\\" testifies to the consistency of party manage- Discussion (\u201cNo documents, no history\u201d). Let us ment of the economy and confirms the legitimacy of briefly review the chronological history of the regula- these management decisions. In theoretical terms, these tions, the execution of which led to environmental dis- historical sources of Soviet law are sources of public en- aster. It is important for assessing lawmaking in this vironmental law, an example of the concentration in one historical period of development. The study of these his- document of a political, ideological and legal installation, torical documents are based on fundamental scientific which in reality had the force of law and was binding. concepts about historical sources and their significance, since it is indisputable that the historical legal source in So, the above-mentioned sources of public environ- the form and characteristics of the information contained mental law (and noted in the article) were: 1) a system in it carries an epistemological function in scientific of normative regulation of environmental and economic research. relations by political entities; 2) the highest party-state demand, characterized by a system of power and sub- From the first years of Soviet power in 1918, mission. V.I. Lenin signed a decree of the Sovnarkom \\\"On the allocation of 50 million rubles for irrigation work in Joint decisions of the party and government per- Turkestan and on the organization of these works\\\" [6]. formed the role of normative legal rules for performers The First World War, and later the Civil War, led to the at all levels of their implementation. fact that from 1913 to 1923 the total area of irrigated land reduced by two times (to 2.3 million hectares). In terms of form and content, all the above- However, by 1928 in the region the area of irrigated land mentioned decisions were a \u201cguide to action\u201d for both had grown to the level of 1913, by 1932 this area already government executives and the masses of the popula- amounted to 5.4 million hectares, and by 1937 it had in- tion. One of the explanations for the \u201ceffectiveness of creased by another 0.5 million hectares. Thus, by the the implementation\u201d of decisions in the specifics of the mid-1930s, the task of ensuring the independence of the public consciousness of the masses in the first years USSR from cotton imports was solved (the area of cotton of Soviet power, in which the expected destruction cultivation has increased 1.7 times since the beginning of the powers that be and the achievement of equality of the 20th century) [2, \u0440.57]. in the new world triumphed. In 1939, the Resolution of the Central Committee The names of the resolutions indicate of the subjects of the All-Union Communist Party and the Council of of power that initiated the document, the tasks set for the People's Commissars of the USSR \\\"On measures to decision, the systematic sequence of requirements and further increase cotton production in Uzbekistan\\\" was individual changes in names in connection with the adopted. In December 1939, in connection with the change of the main public subjects of power. The creation of any source presented as a process in which, according to the concept of I.D. Kovalchenko, the object (reality) and the subject (the creator of the source) interact. 54","\u2116 2 (101) \u0444\u0435\u0432\u0440\u0430\u043b\u044c, 2023 \u0433. Modern lawmaking. At present, various measures In general, all subjects of legislative initiative in the eliminating and mitigating the consequences of the en- legal stage of work are responsible for information reli- vironmental crisis in the Aral Sea region (Karakalpak- ability, scientific reasoning, predictability, and continuity stan), mainly in sphere of legal regulation. Sources of in preserving the national regulatory experience as pro- law adopted in the post-Soviet space testify to objective vided for in the \\\"Concept for the improvement of stand- and subjective factors determining lawmaking. These ard-setting activities\\\". are ecosystem degradation, water problems, and the need for international cooperation on environmental is- In the 21st century, \u201cscientific law\u201d, submitted by sues. To regulate environmental relations, a huge array K. Savigny as \u201cLaw, initially the common heritage of of legislative acts of domestic, interstate and interna- the whole people, as a result of increasingly branching tional nature and action has been adopted. Almost annu- relations in everyday life, will also develop into a \u201csep- ally, regulatory legal acts of public environmental law arate\u201d, which can no longer be covered by knowledge are adopted, which change, supplement existing ones or evenly distributed among the people. In this case, a special are adopted as new, and this lawmaking comes from class of experts in law will be formed, which, being an public authorities, which indicates the preservation and integral part of the people, will be a representative of the modification of legal traditions. community in this field of knowledge. The law, realized by this estate, will only be a continuation and a peculiar In the opinion of G.J. Berman, with whom it is en- development of popular law\u201d [8, \u0440.228]. tirely possible to agree, law is not only a set of certain rules, but it is also those people who issue laws, make The documents of the environmental policy and de- court decisions, and administer justice. It is the subject velopment strategy of Uzbekistan identify priority ac- of law that, through its actions, forms legal reality. The tions, indicate the amount of financial resources subjective factor contributing to the creation of new necessary to achieve the goals from the budget, and en- sources of law comes to the fore in connection with a visages the adoption of regulatory legal acts. change in the leader of the state. Presidential decrees be- come a source of public environmental law in Uzbeki- Decrees of the President of the country become a stan, the implementation of international treaty norms in source for the development of Action Programs in the form national legislation. of a \u201croad map\u201d, which provides for changes, additions to existing laws, as well as the adoption of new laws. The ideocratic context of law-making in the USSR, about which indicats Kodan S.V. [4, \u0440.616] it is preserved Acceleration of the implementation of effective in- to a certain extent as the power of ideas of public subjects ternational standards in the Uzbek environmental legis- of law and acts as the basis for lawmaking in modern lation contributes to the application of existing foreign times. Since 2017, in Uzbekistan, with the advent of experience in creating a system of liability for past envi- the second President of Uzbekistan, Sh.M. Mirziyoyev, ronmental damage (PED) and mechanisms for its guar- reforms have begun in the state-legal, economic, social anteed elimination. For example, under the United States spheres, and large-scale measures are taken to mitigate Law on the Integrated Response, Compensation, and the consequences of the Aral disaster. The practical Liability for Environmental Damage, the threat to pub- solution of environmental problems are accompanied lic health and the environment posed by contaminated by the adoption of regulatory acts of various kinds. hazardous substances sites is eliminated at the expense of the parties responsible for the pollution. A comparison of historical joint decisions with the regulatory legal acts of the present shows: public-law The expiration of the statute of limitation for envi- nature, state-government law-making, since, among the ronmental damage caused by the Aral Sea region ac- well-known types of sources of law (legal custom, nor- cording to the above decrees determines the succession mative act, judicial precedent, contract, general princi- of state responsibility. In the laws of Uzbekistan it is ples, ideas and doctrines, religious texts) in Uzbekistan, practically important to establish: the priority of addressing regulatory acts of public entities, norms of international the elimination of PED in the Aral Sea region, the prac- law implemented in the laws of the country, dictated by tical need for funding research on both past environmental the importance of international legal relations and trea- damage and contemporary environmental conditions, the ties on environmental issues, the domestic political situ- most efficient use of funds allocated s and the resources ation and the change in the vector of political and legal allocated for improving the quality of life of the people development. It is important to note that the influence of of the Aral Sea region. scientific ideas and doctrines on lawmaking is limited to putting draft laws for discussion, the results of which can The results of scientific research on the accumulated be taken into account, but it is difficult to evaluate them environmental damage (which have not yet been carried as a verified promising scientific and theoretical doctrine. out) and its consequences are important for ensuring the quality of adopted regulatory acts. The historical expe- In order to successfully identify and eliminate leg- rience of the lawmaking of public entities indicates that islative errors, a scientific theory is necessary, since such lawmaking becomes the forerunner of lawmaking. ideas and doctrines accumulate in themselves the ideas that are right and fair that have developed in society. The The need for society in the legal regulation of envi- doctrine as a legal source should influence the creation ronmental relations may remain unsatisfied due to sub- and execution of positive law. jective discretion and scientifically erroneous justification of the legal act. One of the decisions was adopted by the law of the Republic of Uzbekistan \u201cOn science and scientific ac- tivity\u201d of October 29, 2019 prescribing the right of the Cabinet of Ministers of the Republic of Uzbekistan: 55","\u2116 2 (101) \u0444\u0435\u0432\u0440\u0430\u043b\u044c, 2023 \u0433. to ensure the implementation of the main directions of 3 new paragraph as follows: - hearing the report of the the field of science and scientific activity; approve pri- Cabinet of Ministers and the State Committee on Ecology ority areas for the development of science and technol- on the progress in implementing measures to eliminate, ogy; determine the procedure for financing the field of restore and compensate environmental damage in the science and scientific activity, as well as the procedure ecological disaster zone; - Supplement 5 article 10 with for organizing funds with the participation of the state. a paragraph - hearing the report of the Chairman of the Central Bank of the Republic and the Audit Chamber on This task should become a priority for the Research the targeted allocation of financial resources for the Institute of Ecology and Environmental Protection un- elimination and restoration, compensation for environ- der the State Committee of the Republic of Uzbekistan mental harm contributes to bringing environmental safety on Ecology and Environmental Protection (transformed by to the constitutional control level; contributes to the the Decree of the President of the country of April 21, effective implementation of environmental policy. 2017), the decisions of which are binding on the bodies of state and economic administration, officials and citi- Solving environmental problems with the participa- zens, and such strengthening of institutional powers can tion of the general public is impossible without infor- ensure the inclusion of environmental issues among the mation on the state of the environment. Information on priority ones. the natural environment and the state of its individual components is provided for in general in national legis- Conclusion lation by granting the right to receive information with- out defining the obligation to inform the Aral Sea The analysis of historical and modern sources of environment. Realizing the rights of journalists [10] to public environmental law in Uzbekistan allows the au- gain access to documents, materials and information thor to draw conclusions, first of all, of a scientific and from competent sources is difficult, due to the lack of a theoretical plan. In the history and theory of state and \u201ccompetent\u201d, scientifically reasoned answer. law, joint decisions of the party and the government of the Soviet period, on land development, increasing The media in this moment today could not bring the productivity and others, should be evaluated as indicat- environmental problem and control over the implemen- ing not only the characteristic type of political regime, tation of laws to priority status. The solution to the per- but also the specifics of law formation and lawmaking, sistent declarative nature of justice for compensation for the dominance of state economic interests neglect of environmental harm is possible if Uzbekistan joins the environmental safety and human rights to a favorable Aarhus Convention and assumes obligations to implement environment, as a historical example of \\\"ignorant\\\" its provisions. lawmaking and forced \\\"legitimacy.\\\" Public entities of the highest authorities and administrations at this mo- A comparative analysis of the Uzbek legislation, its ment are the most active initiators of the creation of nor- material and procedural rules, with the relevant provi- mative acts for the environmental and economic sphere, sions of the Aarhus Convention shows that there are no and at the same time it remains problematic to hold procedural obstacles to the activities of the courts, since public hearings, discuss projects to analyze the benefits, the Law on Nature Protection (Article 52) gives legal costs and expected results, assess their impact on the entities and individuals the right to appeal to the court rights and interests of individuals and legal entities, about cessation of environmentally harmful activities social sphere, entrepreneurial activity, environment. that cause harm to the environment, health, property of people and the national economy [11], but the lack of One of the legal ways to solve the problem may be the standards for determining the damage done in Civil law addition of paragraph 15 of Article 78 of the Constitution and environmental law institutes, problems of legal eco- of Uzbekistan with the words \u201cand environmental se- logical culture of citizens, burden of appealing to the curity issues\u201d and the amendment of the Uzbek law courts, the size of the state duty that is impossible for \u201cOn parliamentary control\u201d (April 11, 2016). The law many citizens, the lack of judicial precedents for compen- \u201cOn parliamentary control of the Republic of Uzbekistan\u201d sation for health damage - the reasons for this situation. needs to be amended: - Article 5, supplementing it with References: 1. Alekseev S.S. Filosofiya prava \/\/ Sobranie sochinenij v 10 T. Tom 7: Filosofiya prava i teoriya prava. M.: Statut, 2010.- p. 9. [in Russian]. 2. Askochenskij A.N. Oroshenie i obvodnenie v SSSR. M., 1967 - p. 57. [in Russian]. 3. Korkunov N.M. Lekcii po obshej teorii prava. \u2014 M.: Yurajt, 2019. \u2014 p. 115. [in Russian]. 4. Kodan S.V. Gosudarstvennyj Komitet Oborony v sisteme partijnogo rukovodstva i gosudarstvennogo upravleniya v usloviyah Velikoj Otechestvennoj vojny 1941-1945.: sozdanie, priroda, struktura i organizaciya deyatelnosti \/\/ Genesis: istoricheskie issledovaniya. \u2013 2015. \u2013 \u2116 3. \u2013 p. 616. [in Russian]. 5. Nersesyanc, V.S. Istoriya pravovyh i politicheskih uchenij. M.:Norma. 2002. \u2013 p. 168. [in Russian]. 6. Postanovlenie ob utverzhdenii dekreta ob assignovanii 50 mln. rub. na orositelnye raboty v Turkestane i na organizaciyu etih rabot \/\/ Podlinnik, 1 l.; na blanke: Rossijskaya Federativnaya Sovetskaya Respublika. Vysshij sovet narodnogo hozyajstva. M. 1918. [in Russian]. 56","\u2116 2 (101) \u0444\u0435\u0432\u0440\u0430\u043b\u044c, 2023 \u0433. 7. Rebikov I.Yu. Vozmeshenie vreda, prichinennogo prirodnym obektam i kompleksam: dis. ... kand. yur. nauk. \u2014 M., 2011. \u2014 p.128. [in Russian]. 8. Savini F.K. fon. Sistema sovremennogo rimskogo prava: V 8 t. T. I \/ Per. s nem. G. Zhigulina; Pod red. O. Kutateladze, V. Zubarya. - M.: Statut, 2011. \u2013 p. 228. [in Russian]. 9. Shershenevich G.F. Obshaya teoriya prava. - M.:Br. Bashmakovyh, 1911. \u2014 p. 698. [in Russian]. 10. Law of the Republic of Uzbekistan of April 24, 1997 \u2116 400-1 \u201cOn the Protection of the Professional Activities of a Journalist\u201d. URL: https:\/\/lex.uz\/docs\/2118 (date of application 10.01.2022). 11. Law of the Republic of Uzbekistan December 9, 1992 \u2116 754-\u0425\u041f \u201cOn Nature Protection\u201d. URL: https:\/\/www.fao.org\/faolex\/results\/details\/en\/c\/LEX-FAOC034566\/ (date of application 10.01.2022). 57","\u0414\u041b\u042f \u0417\u0410\u041c\u0415\u0422\u041e\u041a","\u0414\u041b\u042f \u0417\u0410\u041c\u0415\u0422\u041e\u041a","\u041d\u0430\u0443\u0447\u043d\u044b\u0439 \u0436\u0443\u0440\u043d\u0430\u043b UNIVERSUM: \u042d\u041a\u041e\u041d\u041e\u041c\u0418\u041a\u0410 \u0418 \u042e\u0420\u0418\u0421\u041f\u0420\u0423\u0414\u0415\u041d\u0426\u0418\u042f \u2116 2(101) \u0424\u0435\u0432\u0440\u0430\u043b\u044c 2023 \u0421\u0432\u0438\u0434\u0435\u0442\u0435\u043b\u044c\u0441\u0442\u0432\u043e \u043e \u0440\u0435\u0433\u0438\u0441\u0442\u0440\u0430\u0446\u0438\u0438 \u0421\u041c\u0418: \u042d\u041b \u2116 \u0424\u0421 77 \u2013 54432 \u043e\u0442 17.06.2013 \u0418\u0437\u0434\u0430\u0442\u0435\u043b\u044c\u0441\u0442\u0432\u043e \u00ab\u041c\u0426\u041d\u041e\u00bb 123098, \u0433. \u041c\u043e\u0441\u043a\u0432\u0430, \u0443\u043b\u0438\u0446\u0430 \u041c\u0430\u0440\u0448\u0430\u043b\u0430 \u0412\u0430\u0441\u0438\u043b\u0435\u0432\u0441\u043a\u043e\u0433\u043e, \u0434\u043e\u043c 5, \u043a\u043e\u0440\u043f\u0443\u0441 1, \u043a. 74 E-mail: [email protected] www.7universum.com \u041e\u0442\u043f\u0435\u0447\u0430\u0442\u0430\u043d\u043e \u0432 \u043f\u043e\u043b\u043d\u043e\u043c \u0441\u043e\u043e\u0442\u0432\u0435\u0442\u0441\u0442\u0432\u0438\u0438 \u0441 \u043a\u0430\u0447\u0435\u0441\u0442\u0432\u043e\u043c \u043f\u0440\u0435\u0434\u043e\u0441\u0442\u0430\u0432\u043b\u0435\u043d\u043d\u043e\u0433\u043e \u043e\u0440\u0438\u0433\u0438\u043d\u0430\u043b-\u043c\u0430- \u043a\u0435\u0442\u0430 \u0432 \u0442\u0438\u043f\u043e\u0433\u0440\u0430\u0444\u0438\u0438 \u00abAllprint\u00bb 630004, \u0433. \u041d\u043e\u0432\u043e\u0441\u0438\u0431\u0438\u0440\u0441\u043a, \u0412\u043e\u043a\u0437\u0430\u043b\u044c\u043d\u0430\u044f \u043c\u0430\u0433\u0438\u0441\u0442\u0440\u0430\u043b\u044c, 3 16+"]