Испοльзοвание и защита кοнфиденциальнοй инфοрмации в гражданскοм οбοрοте

Аннотация

of the dissertation submitted on May «7», 2018. (Registry protocol No.1 of May «7», 2018). N.S.Salaev Chairman of the Scientific Council for awarding scientific degrees, Doctor of Science in Law, Associate Professor U.A.Tuxtasheva Secretary of the Scientific Council for awarding scientific degrees, Doctor of Philosophy in Law, Professor N.F.Imomov Deputy Chairman of the Scientific Council for awarding scientific degrees, Doctor of Science in Law, Associate Professor 59 INTRODUCTION (Annotation of the doctoral dissertation) The aim of the research is to develop proposals and recommendations to improve the regulation of civil-law relations in the field of usage and protection of confidential information in civil turnover in the Republic of Uzbekistan. The object of the research is the system of the civil-law relations in the sphere of usage and protection of confidential information, in particular a trade secret. The scientific novelty of the research includes the followings: The proposal that the information contained in the constituent documents of the legal entity, the documents confirming the fact of making entries about legal entities, individual entrepreneurs and farms without forming a legal entity in the relevant state registers, are not information constituting a trade secret have been substantiated; Proposals on the right of the holder of a trade secret to enter into commercial circulation a trade secret on the basis of contracts providing for the inclusion in them of conditions for the protection of its confidentiality have been substantiated; The rules for issuing persons to information and documents containing the corporate secret and the confidential information of the enterprise, as well as effective accounting, storage, disaggregation and usage of documents and cases containing a corporate secret and confidential information have been substantiated; New civil-legal constructions of the standard clause on commercial secret and confidential information of the enterprise have been substantiated. Implementation of research results. The methodological and practical proposals for the improvement of the codification of legislation on civil law have been developed: At the adoption of Law of the Republic of Uzbekistan «On a trade secret» dated 11.09.2014 No. LRU-374 concerning the establishment of the list of information which can be a trade secret, requirements to a trade secret, establishment of legal status of persons of law on information which is a trade secret, responsibility of public authorities for violations of a legal regime of information which is a trade secret, definition of legal status of a trade secret and know-how, protection of a trade secret in the course of labor-law relations and also limits of acquaintance with a trade secret in the court (in particular, paragraphs 1,2 parts 1 of article 4; paragraphs 2,3,4,6,7,8,9,10,11 parts 1 of article 5; paragraphs 1,7 parts 2 of article 6; parts 1,2 of article 11; the paragraph 2 parts 2 of article 17 of the above-stated Law) (reference of the Committee on the legislation and judicial and legal questions of the Senate of Oliy Majlis of the Republic of Uzbekistan of January 30, 2017 No. 06-18/792). Implementation of these norms will lead to further improvement of the legislation in the sphere of protection of the rights for a trade secret; Points 1.3.-2.0., 2.7.-4.6. of the «Standard provision on a trade secret and confidential information of the enterprise» have been used at the introduction of amendments and additions in the «Provision on a trade secret of SJSC «Uztransgaz» concerning the admission of persons to the data and documents 60 containing a trade secret and confidential information of the enterprise, effective account, storage, reproduction and usage of the documents and affairs containing a trade secret and confidential information and also responsibility of the employee of the enterprise at disclosure of commercial confidential information of the enterprise (reference of the SJSC «Uztransgaz» dated on 14 December of 2016 No. 02-04-12-478/7468). These proposals will increase the efficiency of usage and legal protection of commercial confidential information at the enterprise; Annexes No. 1,2 of the «Standard provision on a trade secret and confidential information of the enterprise» have been used at the introduction of amendments and additions in the «List of the data which are a trade secret of SJSC Uztransgaz» and also in the «List of the data making confidential information of SJSC Uztransgaz» (reference of the SJSC «Uztransgaz» of December 14, 2016 No. 02-04-12-478/7468). Implementation of these proposals will increase the efficiency of a legal regulation of commercial confidential information at the enterprise. Structure and volume of the dissertation. The doctoral dissertation consists of introduction, 4 chapters covering 16 paragraphs, conclusion, a list of used literature and applications. The volume of the dissertation