O‘ZBEKISTON RESPUBLIKASIDA XALQARO XUSUSIY HUQUQNI ISLOH QILIS

Abstract

In 2019, the Republic of Uzbekistan adopted the Concept for Improving Civil Legislation, in accordance with which the country began the process of modernizing the current Civil Code. As part of this process, the reform of Uzbek private international law is also being carried out. Uzbek specialists have developed the Draft Section VI of the Civil Code “Application of the norms of private international law (conflict of laws) to private law relations”, which provides for a radical revision of the rules for choosing the law applicable to private relations related to foreign legal order. In the article, using comparative-legal, dialectical and formal-logical methods, the most significant changes that are planned to be made to Chapter 62 «General Provisions» are analyzed. Among the most important novels, one can note: 1) establishing the priority of a unified substantive (direct) method of regulating relations in the sphere of PIL; 2) the formulation of an independent norm «Basic Principles of Private International Law»; 3) positioning the autonomy of the will of the parties as an independent principle of PIL; 4) expanding the possibility of extraterritorial application of foreign law in Uzbekistan or in its individual territories; 5) correction of the public policy clause; 6) development of a subsidiary reference model for the application of the law of a country with a plurality of legal systems. All the changes proposed in the Project fundamentally change the current Uzbek regulation. If these changes are adopted, Uzbekistan will receive a legally qualified, doctrinally sound and up-to-date PIL legislation. At the same time, there are a number of issues that have not been reflected in the Draft or have not undergone the necessary innovations. In particular, it seems necessary: 1) to clarify the concept of “foreign element”; 2) to develop and legally consolidate a glossary of basic concepts and terms; 3) to update the regulation of such institutions as “legal qualification”, “establishment of the content of foreign law”, “backward reference”; 4) to develop independent normative regulation of adaptation problems, mobile conflict, preliminary and secondary conflict issues. The article concludes that, in general, the conflict regulation model proposed by Uzbek specialists takes into account the main modern trends in the development of PIL and contains quite flexible, but at the same time quite definite and predictable rules for choosing the applicable law, corresponding to the legitimate expectations of the parties.