Правовые аспекты регулирования гражданско-правового договора в контексте вступления в ВТО (english)

THE PLAN 1. Introduction 2. The Essence of the civil-law agreement in accordance with legislation of the Republic of Uzbekistan and foreign countries. 3. Legal mechanisms of regulation of the agreements in WTO 4. The review of the civil-law legislation, agreements in the Republic of Uzbekistan in the context of the introduction in the

World Trade Organization. 5. The conclusion. I Introduction The transition from administrative - command economy to the democratic forms of management in economic sphere puts on the head of a corner the necessity of formation of system, adequate to the market, of legal regulation of the economic relations. The creation of a legislative skeleton socially guided market economy is not only obligatory condition of transitive period, but also characteristic feature of development

of a lawful state , I. A. Karimov - has noted I. A. Karimov Uzbekistan - own model of transition on the market . Tashkent. 1993 The special place in system of legal means ensuring the functioning of the economic relations will be allocated to the agreement. It is the special, key legal form of the market relations allowing in the full to realize essential features of a commodity production freedom of will in relationships

of the participants of these relations, property and organized independence of the parties of the obligation and etc. The agreement in the conditions of the market relations should be the main legal act ensuring the regulating of circuits of behaviour of the participants of these relations. Such relations with no dependence on the sphere of their occurrence industry, agriculture, trade, transport, and etc transfer of a thing, fulfillment of works, creation of a product of creative activities, rendering

of services and etc. and the actions in space intrastate, interstate are subjects to registration by the conclusion of the agreements. In the transition from administrative - command economy to the democratic forms of management in economic sphere connected with above mentioned by the factor of hardening of the agreement, as one of the most important legal means ensuring functioning of the new economic relations and entry in system of world trade turnover and a turn-over of services, the

Republic of Uzbekistan collides with necessity of expansion and maintenance on better level of the participation in this trade turnover. One of pillars and legislative bodies of the world trade system is the World Trade Organization. The World Trade Organization W is legal and institutional basis of multilateral trade system The text of the Agreement of the Final Act of the Uruguayan round of negotiations

GATT 1994, Marrakesh, April 15, 1994 It provides main contracts obligations determining, how the governments should to formulate and put into practice the internal legislation and decrees concerning trade. And just on this platform the trade relations between countries, due to collective discussion, negotiations and settlement of disputes develop. WTO was created on January 1, 1995. The governments have finished negotiations within the framework of the

Uruguayan round on December 15, 1993, and have expressed the political support to results, by signing the Final act on meeting in Marrakesh, Morocco in April, 1994. The Marrakesh declaration from April 15, 1994 has confirmed, that the results of a Uruguayan round would strengthen world economy and would result in expansion of trade, investments, and growth of the incomes all over the world . WTO is an embodiment of both results of a

Uruguayan round and successor of the General tariff agreement and trade GATT . From 125 countries and territories of the potential members of organization 76 governments become the members WTO in the first day. About 50 other governments are at a various stage of completion of the internal procedures of ratification, and other countries negotiate for conditions of the introduction. WTO can have not only potentially more members, than

GATT 128 by the end of a 1994 , it also has wider scope point of the point of view of sales efforts and trade policy, by which it is applied. GATT was applied only to trade in the commercial goods, WTO covers trade in commodities, services and trade in ideas or intellectual property. WTO is situated in Geneva, Switzerland. Its main functions are Regulation both realization of the multilateral trade agreements and trade agreements with the limited

number of the participants, which together form WTO Action as a forum for multilateral trade negotiations Search of ways for settlement of trade disputes The control of the national trade policy Cooperation with other international establishments-participants in the formation of global economic policy. The WTO agreements are contained by 29 separate legal texts covering a wide spectrum of areas

from an agriculture up to textiles and clothes, and from services up to state purchases, rules of an origin and intellectual property. It is supported by more than 25 additional applications, decisions and arrangements accepted at minister level, which explain the responsibilities and obligations of the members WTO. However, the number of simple and basic principles passes by a red string through all these documents, which together form multilateral trade system. the

WTO Agreements represent the long and complex agreements . So, the trade system has - To occur without discrimination - To be more free with the process of decrease of barriers by means of negotiations - To be predictable - To be more competitive - Should be more favourable to less competitive advanced countries. The urgency of the present theme is dictated by possible prospect of the effect of legal

bases WTO on civil-law bases of a the Republic of Uzbekistan, their development and evolution. The work is based on the analysis of existing bases of the civil-law agreement in the Republic of Uzbekistan, analysis of world practice of the agreement contract as the greatest possible sample with the really fulfilled institutes and practice of the agreement functioning in conditions of the advanced market economy and multilateral trade system, analysis of legal mechanisms of regulation

of the agreements in WTO as the major factor of effect on the agreement. Thus, in conditions of market economy the influence of the agreement immeasurably grows. It amplifies especially in a context of the relations with WTO. II The Essence of the civil-law agreement in accordance with legislation of the Republic of Uzbekistan and foreign countries. The agreement as a public social product is legal form,

most stable in time. The agreement serves as the ideal form of activity of the participants of a civil turn-over. With the course of time together with development of system of the public relations, serviced by the agreements, the structure of the possible participants natural persons, collective formations recognized as the independent subjects of civil law legal persons has extended to. The design of the agreement is applied in various branches of the law international, public, administrative

etc. And nevertheless it is used widely in civil law. So what do the civil-law contracts represent? The sight, existing in the roman law, on the contracts allowed to consider them from three points of view as the basis of occurrence of the relationships, as relationships themselves, arisen from this basis, and, at last the form, which appropriate relationships accepts M. I. Bruginsky, V.V Whitryansky Conventional

Law . Moscow. 1997 This multiple-valued submission about the agreement with the certain changes practically is realized in the Republic of Uzbekistan and in the civil codes of other countries. All these listed significances of the agreement are anyway determined from the point of view of civil law as the legal form regulation of the specific property relations. It also is visible from the contents of an article 234 of

Civil Code of the Republic of Uzbekistan according to this article By the virtue of the obligation one person debtor is obliged to make for the benefit of other person creditor the certain action, such as to transmit property, to execute work, to render service, to pay money and etc or to refrain from the certain action, and the creditor has the right to demand of the debtor of fulfillment of his responsibility . That kind of the liability relation also represents the

legal form of the property relations between the parties of the agreement. The agreement - one of the most widespread versions of the bargains. As well as any bargain, agreement aimed on an establishment, change or termination of the relationships. However as against the unilateral bargain the agreement is always agreement of two or more parties article 353 Civil Code of the Republic of Uzbekistan .

The agreement as the agreement of the parties is characterized by the following attributes ? free will of the parties b the consent of the parties on all essential conditions making its contents c compensative by the common rule character of actions of the parties under their obligations d equality of the parties in the contractual relations e the legal warranties for fulfillment of the agreements f the responsibility for infringement of a contract. The agreement assumes fulfillment at will of its participants of the

certain actions that have legal significance and consequently capable to cause occurrence of the definite rights and the responsibilities of its parties. In these actions the will with special intention to cause legal consequences is expressed. The agreement as the consequence of will of the parties renders active effect on behaviour of its participants, individualizes, forms and adjusts this behaviour. M.H. Rukhmankulov The role and essence civil - legal agreement in conditions of market economy .

Tashkent. 1994. In conditions of market economy the agreement first of all the product and in the same time the legal forms of the money - goods relations based on the law of cost, therefore it can express first of all will of its parties. Now the right to solve the problem on choice of the contractors and need to enter the contractual relation independently is given to the enterprises, organizations. They have the right to refuse in the certain cases fulfillment of already made agreement, if it is

necessary with the purposes of maintenance of own interests. The will in the agreement for the contents can be with identical or with opposite, but counter orientation. For example, at construction by agreement of joint venture including the legal persons of the various states their will on the character has an identical orientation. By the sales contract the will of the parties under the contents, as a rule carries opposite, but counter

character. But irrespective of an identical or opposite orientation of the will of the parties, the agreement is an act of common will of the equal in rights subjects. In this case speech does not go about equality in the rights of the parties of the made agreement, that in itself is meant about equality of the subjects who have expressed desire to enter to the contractual relations. Each of the parties enters the agreement, having the detached property belonging to it on

property law or on the right of complete economic management, and also bears the independent property responsibility for infringement of the contract. In conditions of the market the enterprises build the activity on the basis of economic methods of its valuation by use of cost categories, therefore the property relations established between them carry out on compensate principles. So, the appropriate legal form is inherent in the property -relations builded on the basis of compensate,

in which the economic equality of the parties - participants is expressed. This form is the agreement. In spite of the fact that the agreement is used now in various spheres of public life political, economic, social, cultural and etc. the trade and economic relations, as the most important sphere of contractual regulation in a context of contractual regulation in the spatial relation remain the most important sphere of contractual regulation.

In intrastate trade and economic relations the state, cooperative enterprises, organization, association, firm, exchange, businessmen and the others participate in aggregate order are the subjects of the civil-law relations serviced by system of the civil-law agreement. They enter to the contractual relations, being the legal persons, direct or through the branches separate, division, representatives and etc. The material base for the introduction into the contracts is served

by their property belonging to them on the property law, complete economic management or right of operative management. It is completely clear, that for full development of the market relations it is not necessary only enough of the goods, but also high level of development of the contractual forms of the relations as a means of regulation of interests of the participants of these relations. There are various kinds of the agreements and use of that or other kind of the agreement depends on

character of a subject the thing, concerning of what about the agreement was made , from the purpose, for the sake the achievement it is made. The Civil Code considerably expands potential of the forms, kinds of the agreements the parties can conclude the agreement and not stipulated by the legislation Civil Code of the Republic of Uzbekistan an article 354.

With a finding of independence Uzbekistan got an opportunity actively to integrate in the international economic community. As the sovereign state Uzbekistan enters in the trade and economic relations directly itself as a unit and through the trade and economic organizations. In the first case on behalf of Uzbekistan in the trade and economic relations gets the State Chambers of Commerce of representation and in other case its bodies enter

Ministry of foreign economic relations, Treasury. They are on the state budget. In this case legal status of the state is defined not according to norms of civil law about capacity, but its competence determined by the supreme body of a state authority parliament and the Constitution. In the second case - in the trade and economic relations, irrespective of a pattern of ownership can participate legal and natural persons, including foreign international organizations acting

on territory republics, and abroad, registered by a Republic of Uzbekistan as the participants of foreign economic relations. Thus, by the conclusion of the agreement the wide sections of questions of trade and economic policy between the state, and objects of external trade and economic policy can be covered. Objects of external trade and economic contractual activity can be resources of all kinds, goods and

services created in all branches and spheres of managing, valuable papers, scientific and technical production, intellectual and other values representing mutual interest. As it is visible, the circle of questions of the interstate economic and trade relations is wide and each can make of these kinds of questions a subject one or several versions of the agreements. For example, the relations connected to the markets of the goods, can be made out by the contracts

of sales, agreements of delivery, agreements of commission, and connected with attraction by way of the investment of the foreign capital as the credit can be made out of a contract basis. The investments can consist of property, financial and intellectual values put by the investors in object of business and other kinds of activity, therefore relations connected to the investments depending on the kind of activity, can be made out by the conclusion in various kinds of the agreements.

The Republic of Uzbekistan, entering on a way of independence as the sovereign state, directly defines and conducts the external economic policy. It already has established on a contract basis trade and economic ties with the number of the states. However, not all the aspects of the trade and economic relations become a subject of the interstate agreements. Except that Uzbekistan has the necessary political and economic preconditions for the further expansion

of a circle external economic and sales efforts. It needs acceptance of a number of the acts and fulfillment necessary measures on scopes of the whole complex of the economic and trade relations on various kinds of activity. Between the agreements used in sphere of intrastate trade and economic relations, there are much common, at the same time each of them has features, inherent in it. The agreement is the product of will of its parties.

As the form of the legal regulation the agreement serves for means of formation and behavior of its participants. By agreement in sphere of trade turnover in the best way finds the realization of property law of its participants on the property. Instead of the existed and existing yet practice of the conditions of contract, structure of contractual links will be formed on a basis mainly of two beginnings will of the contractors and law. The sources of the roman law underlying of existing civil-law systems of

advanced countries, to the number of the essential emitters of the bilateral agreements, without which there is no agreement, refer the agreement, i. e. the will of the party, object of the agreement and its basis. Just from these i. e. strong-willed, positions and right the agreement in modern civil law of USA is extremely simply determined the Agreement is a promise or number of the promises for infringement of which the right establishes the sanction or fulfillment of which the right considers, in the certain

sense, as the responsibility . Thus, and here will of the parties is the determining beginning of occurrence and realization of the contractual relations. The law is the second major component, which can only influence the contents, the faith of the contractual relations. In an ideal in conditions of the market just the law, right not the act of planning or order of a body of state management there should be by a primary means of direct effect of the state for economy, money

- goods relations and legal forms, which are servicing them M.H. Rukhmankulov the Agreement occurrence and discharge of the obligation . Tashkent. 1994 Such statement of business can be only met in international practice, experience of countries with the advanced market economy, where the state is law creative that creates conditions for normal functioning of economy, overcoming of the negative phenomena interfering free realization

of principles of the market relations. As an example it would be possible to result Anti trust acts of the USA, other western parties. The significant development in the USA, Japan, Canada, France and other countries has received the legislation directed on protection of the rights of the consumer. In the civil, trade legislations of the indicated above countries, the conditions are detailed

stated which cannot be included in the contracts, or are qualified legally void, as they put in a unequal situation of the seller and buyer. For example, the contractual conditions putting the consumer in obvious a non-uniform rule situation , are considered in countries with roman and West-German legal systems as abusing by the right on the part of the businessmen, and in countries of English - American legal system - as unjustified , that is recognized as the

English judges and is fixed in an article of 2-302 of the Uniform Trade Code of the USA The uniform Trade Code of USA. Uniform Commercial code - The American Law Institute . Not withstanding that the American economy largely depends on deals made by the private persons without interference of government, the latter nevertheless frequently renders the important influence on process

of the conclusion of the bargains. In some cases this effect is, that the courts are authorized to carry out the control behind the bargains in case of unfair behaviour of the parties. But largely influence of government is result of action of the legislation determining a conditions of the conclusion of deals. The Legal regulation of trade includes Antitrust acts have by the purpose to encourage a competitiveness by prevention and restriction of restraint

of trade, and also law on the unfair competitiveness ordering, that the competitiveness was conducted on the basis of acceptable criteria of conscientiousness. Thus, the indicated group of the laws establishes the important limits as in sphere of concentration of an authority in hands of the participants of deals, and concerning methods used by the given participants during the conclusion of deals. The main source of the right in this area is served by the federal legislation

especially three main acts, accepted by Congress with the purpose of assistance to development of a competitiveness G. Lusk Civil Law of USA . Moscow. 1961 First and most important of them - Antitrust Sherman law, accepted in 1890 during industrial expansion and concentration of an economic authority followed the civil war. It forbids in general unreasonable restrictions of trade and monopoly.

The Klayton law of 1914 is more specific. Behind some exceptions it forbids first, exclusive contracts connecting the agreements and restriction, similar to them, on distribution of the goods secondly, discrimination in the prices differentiation concerning the different buyers, and other measures, connected to the prices, discrimination character thirdly, purchase by one corporation of the shares or assets of other corporation, if as a result of such purchase the competitiveness can be essentially reduced or to be

scheduled the tendency to creation of monopoly . While the Sherman Law condemns already existing evil, the Klayton law requires only reasonable probability that, such evil will come hereafter. The third main act - Law on Federal trade commission accepted in 1914 too, is as a whole directed against of unfair methods in a competitiveness . It has provided creation of a

Federal trade commission with functions on application of the law. All these three legislative acts which have been taken together, adjust the horizontal -relations in sphere of enterprise activity of the competing persons, vertical -relations of business including of suppliers and consumers, in some cases - Internal - relations within the framework of the enterprise. In general the laws have received the name Antitrust in honor of trust

XIX in Stable association of enterprise units consisting of large number of corporations within the framework of one industry, such, as petroleum or sugar, acting on the basis of the agreement for creation of trust with transfer of uniform management to hands of board of the trustees. In exclusive the contract is considered, in which one of the parties is authorized to acquire the goods from other party provided that the party - buyer will not deal with the similar goods relating a line

of business of the third persons - The competitors of the seller V.P. Mozolin, E.A. Fransword. The conventional Law in USA and USSR . Moscow. 1988 The connecting agreement provides sale or leasing of production provided with any other kind of production simultaneously will be bought also. The main characteristics of these acts, and first of all of

Sherman Law, is that in them the wide and more common legal formulations are used in comparison with the usual legislation of USA. This deliberate uncertainty has granted a main role to courts in interpretation of the laws and adaptation them to changed kinds of production and their market distribution. Instead of establishing precise and firm rules, courts in interpretation of the to the help common rules of good will standard of good will . Its application from time to time was changed.

Depending on a particular industry, various circumstances the judges should consider economic given and other reasons. Therefore in USA there is no absolute limit concerning the size of the enterprise and in itself size or even a prevailing rule of the enterprise in the market are not discussed, though they are among those circumstances, which is subject to judicial valuation. Nevertheless, the courts consider, that some actions, such, for example, as the horizontal agreements

between the competitors with the purpose of effect on the prices or unit of the markets, are so wrongful, that already by virtue of it are in themselves unreasonable. The doctrines similar to a situation about good will of unreasonableness, according to the Law of Klayton are applied also to the exclusive contracts connecting to the agreements, and to the majority of the forms of discrimination in the field of the prices.

As well as it was necessary to expect, on a question on sphere of action of the rules good will and unreasonableness in particular businesses connected with antitrust laws, there was a large discussion, as all American business actually is in the property and management of the private persons, maintenance of a competitiveness and control of it serve business of greatest importance. In some areas, however, the Congress has receded from an ideal of a free competitiveness.

So, it limited withdrawals in application antitrust laws were entered in such branches of economy, as the aircraft, communication, railway, automobile and sea transport, supervision of which activity in a various degree is carried out by special regulating agencies. The government can struggle with infringement antitrust laws by several ways depending on circumstances. To them concern the judicial interdictions used in civil legal proceedings criminal prosecution

The orders on the termination or abstention from fulfillment of illegal actions taken out by way of administrative production. The private persons possess also other means of effect, first of all by opportunity of presentation of the claim about reimbursement of the threefold losses, on which for the benefit of the dissatisfied party the sums three times exceeding a size of the caused losses can be collected. General practice, the concept of the agreement or contract in west represents the following stable

determinations. In a basis of the agreement the given promise lays voluntary to take up the legal responsibility. The agreement determine as follows the Agreement - It is a promise or number of the promises, for which infringement the right establishes the sanction or which fulfillment the right considers, in the certain sense, as the responsibility . For achievement of the mutual agreement one party should make the offer -

Offer, and other party should it accept - To make the acceptance. Thus, two essential elements of the agreement are the offer and acceptance some include the offer and acceptance in uniform concept the agreements . In addition to the offer and acceptance the agreement should be based to counter satisfaction, the parties of the agreement should have capacity, the purpose of the agreement should be legal - Other words, the fulfillment of the agreement should not infringe

public interests. Thus, summarizing a question on the essential terms and conditions of contract, it is possible to tell, that elements of the agreement obliging the parties in legal sense, are 1 offers, 2 acceptances, 3 counter satisfactions, 4 capacity of the parties and 5 legal purposes of the agreement. The contracts are shared on unilateral and bilateral. Certainly, the contracts can be formal and informal, however in connection with almost complete failure

of practice of the conclusion of the contracts under seal for the validity of the agreement it is enough simple will of the businessman. As the Unilateral agreement such agreement refers to as, on which promising, the debtor, does not receive as counter satisfaction of the promises of other party. The bilateral agreement - Is such agreement in which seems the mutual promises of two parties, each of which is simultaneously both creditor and debtor .

The promise of the award is an example of the unilateral agreement. Promising offers the award its offer is accepted by the fulfillment of actions, stipulated in it. The party accepting the offer, does not give the promise, instead of it makes actions stated in the offer. The usual commercial agreement happens bilateral more often. In the bilateral agreement the parties exchange the promises, while in the unilateral agreement the

promise exchanges on action. Valid the agreement adequate all requests, presented to the agreement. The parties are connected by such agreement, and the court will assist its realization in the compulsory order. Such contracts are deprived of claim force which cannot be carried out in the compulsory order on the basis of a filed action, though they and create by an indirect way the responsibility of fulfillment. Under the bargain with government of the United States it is impossible to present the claim to the

United States without their consent, and even in case of satisfaction of such claim it is impossible to receive fulfillment in the compulsory order. The similar bargain is referred to as the agreement, though the compulsory fulfillment it is impossible without the consent to that for one of the parties. If one of the parties has the right at own discretion not to execute the obligation, the agreement is considered voided. As protection against the persons, which could extract profits from unripe the

will of the minors, the right is given to the latter to not execute the agreements, made by them. The term the void agreement is ordinary applied to a designation of the bargains of contractual character, with which in view of absence of any essential element or in pursuance of the law any of the parties does not appear The agreement is considered executed, when all its participants have executed the responsibilities, caused by the agreement. Before as all these responsibilities are executed, the agreement is being

a subject to fulfillment. If one of the parties has executed the responsibilities partially, the agreement frequently name partially executed. The agreement can be executed for one party and being a subject to fulfillment for other. The introduction into the agreement is not necessary if the party have expressed conditions of the agreement in writing or orally. They can be showed by the behaviour the intention to be connected the certain contract. If the parties have established the agreement orally or in writing,

their agreement refers to as the directly expressed agreement. If the terms and conditions of contract are not established by the parties, but from their actions seems, that they had intention to enter the agreement, the meant agreement is considered made. Role of the agreement as main legal form of regulation of behaviour of the participants of the market relations thus will be realized in terms of them operative - economic of independence, as subjects of

various patterns of ownership. III Legal mechanisms of regulation of the agreements in WTO The World Trade Organization WTO is an unique international body occupied by the rules of trade between countries. In a core it is the agreements WTO, agreed and signed mostly of countries - participants of world trade lay. These documents provide a legal basis of international trade. These documents provide a legal basis of international trade.

It, in the main contracts obliging governments of countries to conduct the trade policy within the framework of stipulated restrictions. Though these documents are agreed to the manufacturers of the goods and services, exporters and importers to carry out the activity. Just in a context of judgments about WTO the new concept is born with which operate as quite independent size multilateral trade system system of management

WTO. The majority of countries - switching on almost all main trade countries are the members of this system. However some countries are not the members and consequently for the description of system the word multilateral instead of a word global or world global is used. The integral purpose of system is the help to make trade as it is possible more free - up to that system, there will not be yet by-effects. Partially it means removal of obstacles.

It also means maintenance that, that the people, company and government knew, that the rules of trade exist worldwide, and granting by it of reliance that will not take place of sudden changes of policy. In other words, the rules should be transparent and predictable. Recognizing that the agreement are prepared and are signed by community of trade countries, frequently during significant debate and disputes, one of the most significant functions of

WTO is the service as a forum for trade negotiations. One more important party of work WTO is the settlement of disputes. The trade negotiations frequently include conflicting interests. The contracts and agreements, including those, concerning which the negotiations are conducted with the special labor in system WTO, frequently require interpretation.

The most harmonious method of settlement of these distinctions is the method of settlement by means of the neutral procedure based on agreed legal base. It is the purpose worth behind process settlements of disputes, stipulated in the agreement WTO. The creation of WTO on January 1, 1995 was reflected as the largest reforming of international trade from times of 2-nd World War. It is also has resulted, that the reality, in the modern form, has

become unfortunate attempt to create in 1948. International trade organization ITO . Till 1994 the trade system was adjusted GATT, component a part of the uncompleted attempt to create ITO. GATT has helped to create strong and prospering multilateral trade system, which became more and more and more liberal through rounds of trade negotiations. However, to 1980 years system has become to require radical reforming, that has resulted in the

Uruguayan round and, eventually, to WTO. So, with updating of trade system of the state - participants of WTO had an opportunity to realize trade, economic purposes within the framework of a number of the agreements WTO, accepted in main during the last Uruguayan round. It is necessary to note, that with occurrence WTO, circle of the agreements WTO, now widely covering alongside with the goods also services and intellectual property appreciably

has extended, these spheres had time was in time to become most important objects of the agreements and alongside with the goods, it is natural, that these agreements and the rules of the agreements, find the reflection in conditions of the agreements of the parties - participants of WTO. Also there are special agreements on procedures of customs, import licensing, shipping inspection and etc. All of them are based to principles of liberalization and authorized exceptions.

They include the individual obligations of countries on decrease of the customs tariffs etc. trade barriers, on opening the markets of services and maintenance by their open. The same agreements establish procedures for settlement of disputes. They order a special mode for developing countries. They require demand of governments of maintenance transparency of the trade policies.

It is necessary to note, that some agreements simply have gone through the second birth and were updated. They existed and earlier but the almost half-century practice of legal regulation of the relations in frameworks just of these agreements has enabled to make out all defects and legislative omissions, and taking into account all completeness of importance of spheres adjusted by these agreements for countries which national income is formed by means of economic realization just in these spheres, the

changes were simply inevitable. So, originally agreements GATT was applied and concerning trade in sphere of an agriculture and comprised. For example, it allowed to countries to use such not tariff measures, as the import quotas both grants. And the trade in sphere of participants agriculture has become very difficult, especially, with use of the export grants, which were not usually authorized concerning industrial production.

The agreement of a Uruguayan round is the first significant step in the party of an establishment of the order, diligent competitiveness and maintenance smaller distortions in spheres of trade. It should be carried out during period over six years 10 years - for developing countries , from January 1, 1995 till December 31 2000. The participants have agreed to begin at the end of a 1999 negotiations on continuation of reforming of process. The textiles is like agriculture, is one of the most burning

questions WTO, as it was for want of to old system GATT. In the given moment, this sphere passes fundamental revision within the framework of the ten years time-table agreed on a Uruguayan round. Among changes such is possible to find, which gradually reduces system of the import quotas prevailing since a 1960 in trade with leading of production under jurisdiction of the rules GATT in four stages. The mentioned above innovations concerning services and formation

of the special legal mechanism for them have found the reflection in the General agreement on trade in services. It is the first code of multilateral, right, based on norms, rules covering international trade by services. The main text containing general principles and the obligation consists of three parts appendices connected to special spheres and special obligations of separate countries for providing of access to the markets.

In GATS the fourth part also is contained the lists of spheres, where countries temporarily do not apply non discrimination a most favored nation treatment. Exists in frameworks WTO a number of the agreements, which are signed only by several members WTO, the plurateral agreements. Them only 4 - Agreement on civil aircraft - Agreement on state purchases - Agreement on dairy products -

Agreement on a beef. In general results of a Uruguayan round of multilateral trade negotiations is the significant list including about 60 agreements, appendices, decisions and arrangements. Among them also huge list of the obligations of separate countries on special categories of the goods and services. They include the obligations on decrease to zero of the rates of the customs duties on import of the goods and establishment on them of limits.

The Uruguayan round also for the first time has introduced in system WTO of the right of the intellectual property. Other number of the agreements is connected to various technical, bureaucratic or legal questions, which can be the reason of handicaps in trade technical rules and standards - import licensing - rule by customs valuation of the goods - inspection, further checks of import - rule of an origin. The agreements also stipulate cases of a withdrawal from principles

of preferring in trade in case of definition of dumping - actions undertaken against dumping - Grant and special compensatory duties with the purpose of indemnification subsidizing - urgent trade restrictions, with the purpose of protection of the domestic manufacturers. At more detailed consideration of the agreements covering two largest spheres of trade - the goods and service It has the general plan consisting of three parts, even if in details they are various.

They begin from three extensive principles the general agreement on the tariffs and trade GATT for the goods and General agreement on trade in services GATS , the Agreement on trade aspects of the rights of the intellectual property TRIPS also gets under this category, though in the present moment, it does not contain additional parts. Then the additional agreements and appendices connected to special requests of specific sphere and

follow particular questions . In the conclusion, there are detailed and long time-tables obligations taken by separate countries and allowing specific foreign production or the suppliers of services to receive access to their markets. In the relation GATT, they accept, as a whole, form of the limiting obligations under the tariffs for the goods, both combinations of the tariffs and quotas concerning some agricultural goods. In frameworks of GATS the obligations provide up to what degree to the foreign

suppliers of services it is allowed to receive access in particular spheres, and they include the list of kinds of services, where the separate countries do not provide application non discrimination of principles of preferring in trade . So additional agreements agrees GATT are connected with agriculture by textiles and clothes by the standards of production by investment measures antidumping measures by methods of customs valuation shipping inspection by the rules of an

origin by import licensing by the grants and counter measures by protective measures. The additional agreements GATS on the following aspects movement of the natural persons an air transport financial services shipment telecommunications. The following two other groups of the agreements, also represent importance 1 agreements on the review of trade policies 2 four plurateral agreements. Thus, we see, that the process of internationalization of economic life, development of the integration

processes, influence of technical progress render essential development on legal regulation as a whole and on the civil-law agreement, contract in particularly. An other words, the norms of the international agreement as a result of transformation, become norms of the internal right. The transformation is carried out by acceptance of the internal law or other normative act. There are transformations of these norms save an independent rule in internal legal system

of each state - participant of the international agreement. The independent character of these norms is stipulated first of all by that they express will not one states, and all states - parties to an agreement and that as a rule, purpose of creation of these norms - to adjust specific property and other relations with an international element and civil-law -relations in particular. From the given property of norms, from the fact of their isolation follows that, first,

the norms are impossible arbitrary, without the consent of other states - participants to change and, secondly, the interpretation them should be carried out also uniformly. Just the systemic the interdependence countries - participants of WTO distinguishes the agreements accepted within the framework of this organization. For example, never was, right, based on norms, of the limiting agreement, which establishes the purposes

on decrease of the tariffs on how many of percents they should be reduced . At the end of a Uruguayan round separate of country have granted the lists of the obligations in the time-tables, appendix to Marrakesh protocol to the General agreement on the tariffs and trade 1994 . It is based on norms of the right limiting agreement for decrease of tariffs. The access to the markets agriculture products is adjusted today only by tariff

mode. The tariff measures were replaced by the tariffs, which provide in a sufficient degree equivalent levels of protection. On occasion special protective measures which are not extending on import on these tariff quotas can be applied to partial indemnification of strong decrease of import prices or sharp increase of volume of import. Thus, the agreements WTO cover main lines of business of the states and the legal mechanism of these agreements and procedure

is systematized. But these agreements carry. Branch character Regulating trade turnover or the turn-over of services, just within the framework of these spheres is described the legal mechanism. But in the issue realization of economic activity, will come across on the general, Interbranch barriers, such as tariff barriers - formality, bureaucracy and etc. It is also serious threat for the parties which have concluded the agreement, therefore as these barriers

are a serious problem at all stages of the agreement, but especially in a stage of its fulfillment. And for this reason the number of the agreements is connected to various technical, bureaucratic or legal questions, which can interfere trade in a case with the agreements GATT in frameworks of sanitary norms about the agreements till agricultural products . So, it is the following questions Technical rules and standards import licensing rules by customs valuation

of the goods shipping inspection the further checks of import rules of an origin investment measures. The Agreement on technical barriers in trade tries to ensure, that the rules, standards, procedure on certification did not create unnecessary obstacles. Technical rules and the industrial standards represent importance and availability of very large number of the standards complicate activity of the manufacturers and exporters.

And if the standards are established arbitrary, they can be an occasion for protectionism. This agreement WTO is updating of the code, the negotiations on which passed on a Tokyo round 1973 - 1979. In it any methods are not encouraged which could give domestic production the unfairly given advantage. In the agreement the recognition by countries of procedures one another is encouraged. In the Agreement on procedures of import licensing it is marked, that the import licensing

should be simple, transparently and predictable. For example, in the agreement it is required from governments to publish enough of the information that the dealers knew how and why the license is graviton. Some the licenses are graviton automatically, for want of conformity to the certain requests. In the Agreement the criteria for automatic licensing are established that the used procedures did not limit trade. The other at first demand the attentive study, and then granting, but in the agreement

in particular it is marked, that the procedure of licensing by agency should not exceed 30 days for work with the application and 60 days, when all applications are considered in one time. This agreement is updating of the code of a Tokyo round in 1973 - 1979. The inspection is a practice of hiring of the specialized private companies or of the independent persons for check of a detail of shipment, in main, price, volume and quality of the ordered abroad

goods. In the agreement is recognized that the principles and obligations GATT are applied to activity of the convenes by governments of agencies on shipping inspection. The obligations taken per by governments, using of inspection, include not discrimination, protection of the confidential commercial information, avoidance of unreasonable delay, use of the special instructions for realization of price inspection and avoidance of the conflict of interests by inspection agencies.

In the agreement the independent procedure of the review is established. It is adjusted in common of organizations representing inspection agencies, and organization representing the exporters. The rules of an origin are criterion, are used for determination of a place of production of production. They are a component of the trade rules, because the number of policies, carries out discrimination among exporting countries by the quotas, reduced rates, antidumping measures, countervailing

duties and etc. The first agreement on the given question demands to the members WTO the maintenance that their rules of an origin should be transparently without destructive influence on international trade. On a long-term basis, agreement is directed on maintenance general harmonized rules of an origin among all members WTO. The agreement on trade and aspects of investment measures TRIMS - is applied only to measures touching trade in commodities.

It is recognized that the certain measures can limit and to interfere with trade, and, that any member cannot apply discrimination of a measure concerning the foreign persons and foreign goods. The investment measures presenting to restriction of volumes also are forbidden. According to the agreement of country should inform WTO and members on all investment measures which are not appropriate to the agreement.

The restrictive tariffs and their application on equal terms to all trade partners are key for equal current of trade in commodities. The agreements WTO are based to the certain principles, but they also allow withdrawals in the certain cases. Three following of a question in this connection are very important - Actions undertaken against dumping - Grant and special compensatory duties for indemnification - Urgent measures for temporary restriction of import, for protection of the domestic manufacturers.

If the company exports production to the price below, than price, on which it usually sells given production in the domestic market, it refers to as dumping of production. And in this connection many countries undertake actions for protection of the domestic industry. The agreement WTO does not accept the decision on this problem. The focus of the given agreement is directed not, how the governments can or cannot react to dumping,

and on ordering antidumping measures. This agreement refers to as the Agreement on antidumping, or the Agreement on application of Article of VI General agreements under the tariffs and trade 1994 . In frameworks GATT it is allowed to countries to undertake measures directed against dumping. The agreement on antidumping specifies and expands an article 6.

Both these documents act together. There are many various methods of account that, whether the particular goods on hardly undercharges whether or not is exported. It contains three methods of account of usual cost of the goods, which main of is based to cost of the given goods in the domestic market of the exporter. For want of impossibility of use of this method, are present 2 alternative 1 the price, established

by the exporter, in other country or 2 accounts based on the sum of the industrial costs of the goods, other costs and usual mark of the profit of the exporter. In the agreement also is defined determined , how the correct comparison between an export price and is made that is the usual price. Antidumping a measure can be applied only in case of causing by dumping of damage of an industry of imported country. In the agreement it is marked, that the countries - member

should proper and in detail inform the comity on antidumping to practice on all preliminary and final antidumping measures. The Agreement on the grants and compensatory measures carries out two problems 1 orders application of the grants, and 2 adjusts measures, for struggle with consequences of these grants. The agreement defines three categories of the grants forbidden giving the basis for suit not giving such basis. The latter is applied to agricultural and manufactured goods, except for cases, when the

grants correspond to the Agreement on an agriculture. For countries with transitive economy, the forbidden grants should gradually up to a 2002 be eliminated. The Agreement on protective measures . The member WTO can temporarily limit import of the goods to apply protective measures , if the damage is caused to its domestic industry or there is a threat of damage in connection with inflow of import and in this

case, the damage should be significant. The inflow of the import goods justifying protective measures, can be real increase in volume of import absolute increase or it can be increase of a share of import on limiting markets, even if its volume has not increased relative increase . The committee WTO on protective measures observes of action of the present agreement and answers behind observance by the members of the obligations. The governments should report on each phase of investigation,

on protective measures, and on the appropriate acceptance of the decisions, and the committee should consider these reports. So, proceeding from all variety and spectrum of the trade and economic relations of countries of WTO, served by the agreements WTO, it is possible to speak about complete realization of these principles and accounts in the agreements of civil-law character between the subjects of countries - of organization, and between countries in particular.

The realization of principles, figures, accounts in the agreements, contracts, is guaranteed by a lot of branch associations, organizations and agreements as the forms of organization in frameworks WTO. But it is necessary to note deeply conceptual form of acceptance of the decisions within the framework of this organization. Naturally, the norms are impossible arbitrary, without the consent of other states - participants to change, and the interpretation them should be carried out also uniformly, the interpretation

of norms of the international agreements is carried out by other criteria, than interpretation of the internal laws. The concepts, used in the agreement, can not coincide with concepts, terms of the internal legislation. And in these cases it is necessary to take into account practice and purposes of the agreement. Mufti-purpose character of the agreements WTO, together with a bilateral or multilateral method of acceptance of the decisions, gives variants of choice of a mode in the terms and conditions of contract.

IV The review of the civil-law legislation, agreements in the Republic of Uzbekistan in the context of the introduction in the World Trade Organization. The evolution of the agreements in frameworks of GATT has received a new coil with a Uruguayan round of negotiations. It will be unfair to speak, that literally all agreements of

GATT were reconsidered. They have continued the existence as norms of new multilateral trade system. The real prospect of the introduction in WTO, puts quite real problems in the long term. The character of the future work within the framework of the Agreement WTO will depend on the degree of conformity, standarting of norms of the internal legislation with the standard of conformity of the ordinary country

WTO, since the questions arising during interaction of countries in WTO, at the first stage of country find out directly one another. As it is visible from above-stated, branch agreements of WTO, contain quite specific parameters, expressed in numbers. So, for example, the agreement on textiles comprises percentage, used to trade volumes of textiles

and clothes, as there is a time-table on liberalization of textiles. And for example agreement on an agriculture, being constant apple of discord, because of the insolvency of functioning without the constant patronage of the state, has lifted a question of branch regulation, leaving in the long term for a framework about restrictive tariff measures, such as the import quotas and grants. But actually essence that the country, joined to the agreement of

WTO, automatically accepts all designated standards of the agreement. As far as the national legislative base for adequate perception of these norms is prepared, as far as those or other institutes - here a main question are advanced. And as, one of major limits, which puts before itself WTO is a practical decrease to zero of the rates of the customs duties on import of the goods and establishment

on them of limits, that, behaviour of country - seemed becomes perfect predictable is a following to these standards. But, such country as Uzbekistan - with transitive economy cannot afford it now by virtue of objective social-economic circumstances. So for example, the realization of the Agreement of the Uruguayan round on an agriculture goes under the schedule six years for the advanced countries and ten years - for developing countries and countries with transitive economy.

The development of norms of the internal legislation is represented originally in this connection which define to some extent conditions and limits of the civil - legal agreement. So, alongside with the decree of the Cabinet of the Ministers 534 from 3. 12. 97. About measures on realization of an independent expert appraisal of the contracts of shipping inspection of the imported goods , called to ensure unbiased inspection - this

norm corresponds to aim of the agreement on the shipping inspection, where is spoken, that the obligations taken by governments, using shipping inspections, include not discrimination, protection of the confidential commercial information, avoidance of unreasonable delay, use of the special instructions for realization of price inspection and avoidance of the conflict of interests by inspection agencies. On the other hand - quite tangible sphere of state interests, and in the next case this strengthening

of protection of the rights of the consumers and maintenance of the guaranteed receipt of the incomes in the budget. So, the other decree of the Cabinet of the Ministers decides these problems About the additional measures on strengthening of state monopoly on production both turn-over of alcoholic production and increase of receipts in the budget from realization of alcoholic and tobacco production on territory of the

Republic of Uzbekistan - so, owing to struggle with penetration of substandard and forged production, the excise on delivered production was increased on 90 . And key situations of the Agreement on sanitary norms of WTO asserts, that the sanitary restrictions, which are not required on reasons of health, and can be very effective instrument of protectionism. For determination of danger the agreement on sanitary norms

refers to the international standards, result of such sending will be indispensable process of harmonization of national norms. Situations of a problem of interaction of norms of the national legislation and establishments of WTO is not new. Recently it accepts more and more unusual forms. In particular, Mexico in a 1991 has submitted the complaint on USA about restriction of its export of tuna in USA.

The case is that tuna hunting was accompanied by hit in fishing networks dolphins. And in the act of the USA about protection marine animas the standards of American internal fishing fleet and for countries are established, whose fishing boats catch of tuna. If the country exporting tuna in the USA, cannot provoke to authorities of USA, that it has sustained the standards on protection dolphins, established in the legislation of

USA, the government of the USA should establish embargo on all import of this fish from one country. So the norm in the end called to protect an environment, has become determining the terms and conditions of contract not only at itself at home, but also in foreign trade. The question whether is this act the act of protectionism or act of protection of an environment eventually will come across quite particular quite specific and real withdrawals, which exist in any national legislation

of any country G. Lusk Civil Law of USA . Moscow. 1961 So for example institute of sale and purchase in the Republic of Uzbekistan has defined for itself a subject according to an article 84 of the Civil Code of Republic of Uzbekistan, as movable things alienated by agreement of sale and purchase. But in relation to the ground areas the free sale is not admitted - there is withdrawal, which renders

influence both on separately taken institute and on practice civil - legal relations and agreements. In result the turn-over of ground areas accepts the specific forms, that can be reflected in practice of the conclusion of appropriate civil - legal agreements. Within the framework of the thesis about a diligent competitiveness, one of key requests WTO is and remains of a diligent competitiveness. WTO is sometimes described as institute of free trade

, but it is not absolutely exact. The system allows the tariffs and, in the limited cases, other forms of protection. More point is that this system of the rules directed on open, diligent and undistorted competitiveness. In this connection rules on not of discrimination - most favored nation Treatment and National Mode - are developed for maintenance of the fair terms of trade. New Civil Code has absorbed this establishment - article 1177 -

National mode of activity of the foreign legal persons in the Republic of Uzbekistan speaks that the foreign legal persons carry out in the Republic of Uzbekistan enterprise and other activity adjusted by civil procedure law, if other is not stipulated by the law of a Republic of Uzbekistan. Other Agreement of WTO - the rules about dumping and grants have the same purpose - establishment of

a diligent competitiveness. Actually complex questions and the rules of WTO try to define that occurs fairly or unfairly, what answer can have governments, in particular by taxation of the additional import duties designed for indemnification of damage, caused by unfair trade. It is necessary to note the rules of the Law of the Republic of Uzbekistan from December 27, 1996 355- 1

About a competitiveness and restriction of monopoly activity in the documentary markets . In particular in article 3 of the Law the concept of price discrimination - is given when the supplier with other things being equal sells production to the certain buyer to the higher or lower price, an article 6 of the Law recognize as the void agreement of the managing subjects directed on prohibition of an establishment of free market prices, is artificial causing their growth or fall.

Will and the realization of conditions of a honor competitiveness directly in civil - legal agreement is direct, the exception of dishonest conditions is reflected in article 5 of the Law, where it is spoken, that inclusion in the agreement conditions of non discrimination, which put the contractor in a unequal rule in comparison with other managing subjects - is recognized as abusing Itself attention one of central establishments WTO is an

Encouragement of development and economic reforming. The economists and commercial experts widely have recognized, that the system WTO contributes to development of the trade relations between the state-participants. As is recognized, that the least advanced countries require time, during which they should execute conditions of the agreements. The new agreements have inherited old rules

GATT, which allow to render the special help to developing countries and to granite them trade concessions. More than 75 of the members of WTO is developing countries and countries with transitive period of economy. During seven and a half of years of Uruguayan negotiations, more than 60 of these countries independently have carried out the programs on liberalization. The liberalization and free trade - standard of the high-grade market - is a priority direction of

development of economy of the Republic of Uzbekistan and was higher is already told about a role civil - legal agreement in conditions of market economy. But nevertheless it is necessary to note the following - in republic for a short time the legislative skeleton is created which in a sufficient measure reflects the tendencies of development of the market -relations. And in the law on the enterprises and in the law on business as the main legal act of regulation

of the relations in various spheres business activity the agreement is considered. For example, p. 2 articles 29 of the Law About the enterprises state The Enterprises make works and sells production, renders service for state needs on a contractual basis . Item 1 article 21 of the same Law asserts, that the of the enterprise with other enterprises, organizations and citizens in all spheres of economic activity are under construction on the basis of the agreements.

Now in Republic of Uzbekistan the norms devoted the relations are contained which at all could not arise or did not represent for legislator the important significance in the past The rent and chronic contents with dependence Sale and lease of the enterprises The bargain with the real estate The financial lease The contract on design and prospecting works The contract on research, is skilled - design also technological

works Accounts by the payment orders, checks under the letter of credit on collection Confidential management of property The complex enterprise license etc. One word conducts work on formation of legislative base of Republic, which reflected reality of a liberal trade policy, i.e. the policies allowing to have unlimited flow of the goods, unlimited a flows, increasing compensation, which will be received from production

of best production in the best form and to the best price. V The conclusion. Speaking about particular effect of norms of World trade organization on development of system of the civil-law agreement in a Republic of Uzbekistan, especially in light of the introduction in WTO, it is necessary to cancel the following. The business that the civil-law agreement of a

Republic of Uzbekistan, as a permanent asset ensuring functioning of the economic relations only develops trying to incorporate all reality of market economy, the World Trade Organization is one of most perspective and important realities of this economy, and as a whole of world trade system. The speech goes about perception of norms of the international law by the national legislation as a whole and system of the civil-law agreement in particular, and in a context

of the introduction in WTO about a number of specific requests, which as a matter of fact are called to expand and to introduce on qualitative a new level evolution of system civil of the legal relations of a Republic of Uzbekistan. These requests in turn proceed from the set forth above main principles of trade system. In main all this is reduced to the following questions - freedom of a competitiveness - unification of the standards - unification of the forms, types of the agreements - contents and fulfillment

of the agreements - freedom of the agreement - transparency of the legislation transparency of the internal laws, decrees and practice - cancellation of state management and dictatorship in economic sphere shown in licensing, quoting and other restrictive receptions reduction of a public contract etc. Spectrum of questions and problems with the introduction of Republic in WTO in this connection will be in particular formed.

Certainly, the base legislation for high-grade functioning and maintenance of a legal mode in conditions of the market - same Civil Code is developed, where the conventional principles, situation about the agreement, about freedom of the agreement of an article 354 Civil Code, about free agreement of an article 355 Civil Code, about action of the agreement of an article 357

Civil Code, about the conclusion of the agreement chapter 27 Civil Code, and ? are fixed main. Together with it has a place essential expansion of legal base of the agreement at the expense of the laws, accepted for the last years, which with allowance for of their character can be divided into two categories on the laws creating the material precondition of the agreement About the property , Law About privatization in Republic of

Uzbekistan and etc. And on the laws ensuring introduction of the agreement in trade and economic practice the Law About banks and banking in Republic of Uzbekistan , About cooperation in Republic of Uzbekistan , About foreign trade activities in Republic of Uzbekistan , About the foreign investments in Republic of Uzbekistan , etc Despite of essential legislative work, the questions directly included

in an outlook of requests WTO - for example in a part of fulfillment of the agreement both its realization and national customs regulation take place, where as a main party of regulation the policy of restriction and quoting is applied. Essence of the agreement as civil legal act is challenged as well on the basis of voluntary will of the parties in connection with a public contract and its volumes, especially in conditions of the market relations, where its application grows out of conscious fulfillment of value

forms of the relations, where the sharing in the contractual relations is direct of the proprietor of property. The transfer of the property and change of the proprietors, gives these - relations genuinely money-goods character, and the infringement of this condition especially does not meet to standard submissions about principles of free trade and role of the agreement in them in particular. As a whole, the prospect of the introduction in World

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