Mannonov Nabiddin Najmiddin o‘g‘li
nabiddinmannonov1999@mail.ru
+998996367996
Tashkent Financial Institute
Uzbekistan
International legal system
Plan:
Introduction
1. The concept and principles of the legal system.
2. Subjects of modern international law.
3. Interrelation of the international legal system and the legal system of Uzbekistan.
4. Substantiation of international disputes and responsibilities of states.
Conclusion.
Introduction. The legal system is concerned with the economic, political, cultural, educational, and other social characteristics of a society. The legal system regulates various social relations between people in the internal structure of each state, which are related to the economic structure of society, strengthening it. In addition, the legal system depends on the national relations of society, its traditions, the legal consciousness of the whole nation, the legal culture and the creative activity of the state. The legal system is the orderly placement of legal norms, legal institutions and branches of a kind of social relations of an objective nature, depending on the economic, social and political structure of society.
1. The emergence and development of each industry in the legal system is determined by the objective laws of economic development of society. Since the legal system is historically an objective phenomenon, legal norms, legal institutions, areas of law are based on objective principles. The objective branch of the legal system is the regulation of the social relations between people in each branch of law. These social relations differ in their content and in what type of public sphere they are. Legal regulation is determined by three cases: 1) the procedure for determining subjective rights and obligations;
2) determination of the level of movement of subjects;
3) by ensuring subjective rights and obligations.
The method of legal regulation is manifested when comparing areas of law. Legal regulation is divided into 2 methods: a) the power-command method or the authoritarian method;
b) dispositive or autonomous method. In the authoritarian (authority-command) method, one of the parties to the legal relationship is the state, which determines the occurrence of the subject's faults. This method is mainly used in the regulation of social relations in the administrative, criminal and constitutional spheres. The autonomous (dispositive) method determines the equal treatment of the participants of the legal relationship. The rights and obligations of the parties arise, change and are terminated. This method is widely used in the fields of civil and family law.
2. International law regulates certain international relations, as a result of which they become international legal relations. Participants in international legal relations governed by the norms of international law are called subjects of international law. The difference between legal relations and other social relations is that their participants - subjects have the rights and obligations established by the norms of law. A certain legal right that belongs to a subject on the basis of the rule of law is its subjective right. In international law, it is always opposed to the subjective obligations of another subject of international legal relations. The system of legal norms is called the law in the objective sense and the law in the subjective sense. Subjects of international law are parties and individuals who have subjective rights and obligations under international law, as well as are real participants in the relevant legal relationship. In the international arena, the state acts as a political organization, mainly on behalf of its supreme body, as a subject of international law and as an official representative of that state. The primacy of the state as a subject of international law is that they are not organized by anyone and they exist as an objective historical reality. But on the other hand, states themselves can form a secondary (productive) subject - international organizations. As a primary subject, each state has the capacity of universal international law. Primary defines the role of the state as the main subject of international law. States shall develop norms of international law, as well as define liability for violations of norms, international legal order and functions of international law. I do not limit these possibilities created by the states to anything other than the principles and norms of international law.
3. Previously, the concept of "subject of international law" has long been widely used only in the theory of international law, but recently it has been used in international legal instruments, in particular, in universal conventions adopted within the UN. In particular, the 1986 Vienna Convention on the Law of Treaties between States and International Organizations stipulates that states, international organizations, and any social structures that have subjective rights and obligations under international law are subjects of international law. . State sovereignty is the main feature of the state as a subject of international law. The doctrine of modern international law distinguishes the following basic rights of states:
- independence and free exercise of their legal rights;
- equality with other states;
- individual and collective self-defense against armed aggression;
- to exercise its jurisdiction over all persons and objects over and within its territory in accordance with the immunities recognized by international law.
The main responsibilities are:
- not to interfere in the internal and external affairs of other states;
- respect for human rights;
- not to use force or otherwise violate by force the territorial integrity and political independence of other states or international law;
- create conditions in its own country that do not pose a threat to international peace;
- in case of disputes with other states, to resolve them peacefully;
- conscientious fulfillment of their international obligations.
It should be noted that global and regional-international organizations, which play an important role in the development of international law, can not be ignored, but they are also the result of coordinated action of sovereign states or a group of states. Historical developments in the second half of the twentieth century showed that the scientific (doctrinal) critique of state sovereignty, the demand for a transition to a “world community above states” was inexpedient. In addition, international structures called international bodies are also subjects of international law. These include international courts, investigative, conciliation and other commissions, as they are established on the basis of mutual agreements between states and strictly adhere to these rules of international law in their activities.
4. In today's era of globalization, each country is developing on its own foundations. Therefore, in economics, politics, law, legal consciousness and ideology, there are more and more aspects of harmony. The legal system of any state cannot be studied without linking it to other national legal systems and international law. In doing so, this territorial “triangle” basically serves as a common legal area. Any normative-legal documents interact, collide and work together. In such relations, legitimacy and stability, mutual opposition and coincidence will be reflected. At present, any section of legislation has the right to communicate with international treaties. At the present time, when active work is being done to improve the Uzbek legislation, it is necessary to apply the methods of domestic and international law and order. The norms of international law create a number of obligations for their subjects, that is, for states in the first place. Since the official bodies of a state are its legal entities and individuals - the objects of the international legal system, they are not directly subject to the norms of international law. In order to ensure the implementation of international obligations at the level of domestic law, measures have been considered to transform international law into national law, ie to strengthen it. There are legal systems in the world that are similar but not completely the same. They are radically different from each other in their individual features, but in some respects they are similar to each other. Just as there is a downside to everything positive, no legal family in the world today can be fully understood. The existing legal systems are evolving with the development of society, complementing and improving their components. Every national legal system is an important integral part of the world legal culture. Therefore, the legal map of the world can be described through the basic legal systems of modern times.
The term “international conflict” is mainly used to describe mutual disagreements and conflicts between states, in particular a situation where peace and security are threatened. The principle of peaceful settlement of international disputes must be applied in practice from the moment a conflict or conflict arises until it is resolved. Because this principle is an imperative principle recognized by all and recognized by all in international law. The term responsibility is one of the oldest institutions of international law. However, its legal norms have not yet been codified, so it is based on simple - legal norms that are usually formed on the basis of presidential and court decisions. International legal responsibility is the legal obligation of the subject of the offense to eliminate the consequences of the damage caused to another subject of international law. There are two types of international offenses: a) international acts; b) is divided into international crimes. According to the general principle formed in international law, international illegal acts give rise to international legal responsibility. In international law, first of all, it speaks about the international responsibility of states. Since 1969, the UN Commission on International Law has been codifying relevant norms. Any act of a State which is contrary to international law shall give rise to the international liability of that State. Violation of international obligations by a state is reflected when the act of the state is inconsistent with the action required of the state under this obligation.
The principle of peaceful settlement of international disputes applies to all types of international conflicts and situations, regardless of the threat to peace and security. International disputes are classified on the following different grounds: 1) the object or subject of the dispute;
2) threat to peace - the level of danger;
3) the number of subjects (2-sided or multi-sided)
4) spread across different regions (global, local, regional).
Conclusion. Today we live in a developed, highly cultured society. Society, country and state will not be without rights. Wherever you go, relationships between people, relationships in a market economy, the activities of enterprises, organizations, institutions and officials are regulated by law. Our lives today are very complicated. Individuals in society, mutual enterprises, institutions, organizations carry out various legal, property relations, services and life, transport, trade, communications and other social relations in various fields. Hundreds of laws and regulations are needed to cover them. Law is a separate and specific field. Its language, scope, and style are also unique and distinctive. Laws and regulations also control human life and society. The legal system consists of different branches of law. In addition, each of them has its own subject and the method of organizing the relations that make up the content of this subject. In traditional societies, the right of inheritance represents the transfer of not only property but also abstract rights and obligations to the total heir.
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