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 participants have agreed to begin at the end of a 1999 negotiation... In the conclusion, there are detailed and long time-tables obligations... The agreements WTO are based to the certain principles, but they also ... If the company exports production to the price below, than price, on w... The focus of the given agreement is directed not, how the governments ...