The main results and findings
Currently, a growing number of countries (South Korea, Taiwan, Singapore,
Hong Kong, Argentina) are recovering their national economies and successfully
exporting finished products through foreign investment and credits. Such countries are
now able to repay the number of loans they have received from foreign banks.
“An international credit” - is a monetary or commodity loan provided by a lender
in one country to a borrower in another country on terms of repayment, materiality,
and interest. [1]
International credits are grouped according to the following criteria:
By nature: interstate, private, corporate loans;
By form: government, bank, commercial;
Appearance: in the form of goods (from exporter to importer), in the form of
currency (from the bank);
By type of currency: in the currency of the debtor country, in the currency of
the creditor country, in the currency of a third country and, in certain units of account
(ECU, SDR, Euro, etc.);
Duration: short - up to 1 year, medium - up to 1-5 years and long-term - more
than 5 years;
Depending on the security: secured (goods - tangible assets - real estate, etc.),
with documents (commodity documents, promissory notes, securities, etc.);
By position in foreign trade: export crediting, import crediting. [2]
Foreign investors are interested in making a profit, but the risk is a serious concern
for them. The main attractions for them are well-developed infrastructure, reliable and
skilled labor resources, the transfer of income and capital abroad, and social and
political stability. Today, each of these factors is significantly reflected.
The main sources of international credit are idle funds of enterprises, public and
private funds attracted to banks and credit institutions.
The organization of international credit relations is based on the following
principles:
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Repayability: if the funds received are not returned, there is a form of non-
return of capital, that is to say, financing occurs;
Maturity, that is to say, ensuring the repayment of the loan within the period
specified in the loan agreement;
Collateral, that is to say, the guarantee of repayment of the loan;
Purposefulness, that is to say the ability to direct the loan to specific objects
and use it primarily to stimulate the export of the creditor country;
Interest rate.
At present, the rapid development of any country cannot be achieved without
attracting foreign investment or credits.
According to the World Statistics Office, the G20 countries are the main investors
in the world. That is, we can see that the Group of Twenty major advanced and emerging
economies consists of twenty groups of developed and developing economies. The G20
countries are Australia, Argentina, Brazil, the United Kingdom, Germany, India,
Indonesia, Italy, Canada, China, Mexico, Russia, Saudi Arabia, the United States,
Turkey, France, South Korea, South Africa, Japan and, the European Union.
2020 has been a difficult year for all countries of the world. The spread of the
COVID-19 virus among the population has hit the economies of many countries. Some
are even on the brink of economic crisis. This did not go unnoticed in Uzbekistan. In
this regard, the Presidential Decree No. PF-5969 of March 19, 2020 "On priority
measures to mitigate the negative impact of the coronavirus pandemic and the global
crisis on sectors of the economy." Investment and credit policies are an important part
of the pandemic. More than 70 countries have taken steps to ease the policy. [2] In
other words, benefits have been created for the investor or lender: the negative impact
on foreign investment has been reduced, support measures have been introduced,
making investments online quickly, conveniently, easily, and new investments in
health care have been made. benefits were introduced.
Legal scholars have differing views on the legal relationship of international credit
and have described its origins. For example, L. Krasavina says, "International credit
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arose in the process of capitalist production, and it found itself at the forefront of the
accumulation of initial capital." [3]
Currently, the credit lending institutions are the European Bank for
Reconstruction and Development, the Asian Development Bank, the US Federal
Reserve, and the International Fund for Agricultural Development. Development of the
state is impossible without investment and credit. Because every country needs a lot of
money to provide for itself and its citizens. It is clear to all of us that developing
countries do not have the means to do so. For example, Uzbekistan has received more
than $ 20 billion in credits from international organizations.
Financial institutions of countries such as HERMES (Germany), SACE (Italy),
ECCD (UK), CESCE (Spain) are representatives of export.
Representatives of export-import banks in the United States, Japan, Turkey and,
other countries, as well as ECD (Canada), provide direct lending to projects.
But that doesn’t mean the state is completely in debt. The reason is that all these
funds are being spent for the right purposes, and after a while, it will show results. In
other words, the areas where these funds are directed will be developed in the future,
and the basis for the well-being of our people will be created. After all, they say, "If
you want to know how powerful the state is, look at how the people live!" - deb.
There is another side to the issue: no organization, individual or legal entity can
provide so much money on its own. The lender must be trusted by the recipient country.
That is, he can repay the money with interest within the period specified in the contract,
and even if he fails to do so, he can pay, even at the expense of natural resources.
A lender to a government does not always have to be an international organization.
Because the legal relationship of international credit is a contractual relationship in
which one party is a foreign element, that is, banks, firms, companies, legal entities and
individuals of a foreign country, Trans National Corporations and the foreign state itself
to another state, its legal and a loan relationship that provides individuals with interest,
repayable within the timeframes specified in the contracts. In most cases, individuals
and legal entities enter as investors, not creditors. They have their own requirements. For
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example, they require a 10-year warranty, which means that if an investor enters in 2020,
they will pay the tax at the 2020 rate, regardless of any changes in the tax system by
2030. Another common condition is that the state provides the investor with a safeguard
environment for their investment and that the state does not illegally confiscate its
property. If there is a dispute between the parties, it is usually agreed that the case will
be heard by the International Court of Arbitration, not the Uzbek court.
Now let's analyze the peculiarities of the credit system of Uzbekistan, similarities,
and differences in international credit relations. The first similarity is the question of
whether there is a guarantee for the borrower, that is, even if the borrower is unable to
repay the loan, the question of whether the recovery can be transferred to other property
of the borrower is considered first. stands in the ring. As proof of our opinion,
according to Article 63, Part 2 of the Law "On Banks and Banking", adopted on
November 5, 2019: has the right to collect interest early on in the manner prescribed
by the contract, as well as to direct the recovery to the mortgaged property in the
manner prescribed by law. " The second similar aspect is to ensure the functioning of
the payment system, ie the borrower takes to the bank the amount that must be paid
monthly, but the technical reason in the bank is the beginning of the recovery process
for a late payment not allowed. For example, Article 46.3 of the Law “On the Central
Bank of the Republic of Uzbekistan” of November 11, 2019, states that “the Central
Bank shall establish requirements for the protection of consumer rights in the market
of payment services”. the norm is given.
One of the main differences between the Uzbek credit system from international
credit relations is the currency. Because if you get a loan from a foreign country, you
get it in dollars, and if you get a loan in the domestic system, you get a loan in the
national currency - the sum. The next difference is in loan interest rates. In developed
countries, the loan amount does not exceed 5%, while in Uzbekistan it ranges from
20% to 25% or 30%. Of course, this will affect the living standards of the population.
Our next task is to solve the problems in the international and Uzbek credit
systems and provide them with legal solutions.
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As for the problems in the credit system of Uzbekistan:
There is no clearly defined category for obtaining a loan, and even if there is,
it does not work in practice;
Our citizens do not know and do not demand their rights;
Low level of legal consciousness, legal culture;
High-interest rates;
Long waiting time for the borrower to receive the money;
If an individual receives a large credit from abroad, he will face artificial
problems in bringing the money to Uzbekistan.
Nowadays, the most common problem faced by our citizens in the field of credit
is that they go to the bank with a business plan, get a loan, and spend the money in
another area. After a while, if the bank checks that the money has actually been spent
in that area, it turns out that the money was not spent in the area of the business plan,
and the bank automatically demands that the loan be repaid. A citizen who fails to
return the money will be sent to collect what he has pledged. It's okay to pawn a car,
but if a house is mortgaged, the citizen stays on the street.
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