UNIFICATION OF CIVIL LAW REGULATION OF TOURIST SERVICES IN THE CONTEXT OF DIGITAL TRANSFORMATION: PROBLEMS AND PROSPECTS OF LAW ENFORCEMENT

International Law, Business and Political Science Journal ISSN-L 3235-9799 E-ISSN 3235-9799 IF(Impact Factor) 13.24 https://journallaw.totalh.net/ Volume: 11. Issue 12 November 2025 1 UNIFICATION OF CIVIL LAW REGULATION OF TOURIST SERVICES IN THE CONTEXT OF DIGITAL TRANSFORMATION: PROBLEMS AND PROSPECTS OF LAW ENFORCEMENT Achilova Liliya Ilhomovna Acting Professor of the Department of Business Law of Tashkent State University of Law, Doctor of Philosophy (PhD) in Law E-mail: [email protected] ORCID: 0000-0003-0111-0546 Abstract The article examines current trends and challenges in improving the civil legislation of the Republic of Uzbekistan in the context of digital transformation. The focus is placed on the need for systematic unification and harmonization of national civil law norms with international standards, as well as on adapting the legislation to the requirements of the digital civil turnover. Special attention is given to the implementation of universally recognized principles of international law and the role of the Hague Conference on Private International Law in the process of legal convergence. The study highlights the importance of Uzbekistan’s participation in international initiatives aimed at developing legal mechanisms for regulating the digital economy, electronic commerce, and crossborder private law relations. It is emphasized that the modernization of the Civil Code of the Republic of Uzbekistan should take into account both internal economic and legal realities and the country’s international obligations, including those arising from its accession to the World Trade Organization. Keywords: civil legislation, unification of law, digital civil turnover, private international law, Hague Conference, harmonization, World Trade Organization, legal reform, law enforcement, Republic of Uzbekistan. Ачилова Лилия Илхомовна, и.о. профессор кафедры Бизнес право Ташкентского Государственного юридического университета, доктор философии по юридическим наукам УНИФИКАЦИЯ ГРАЖДАНСКО-ПРАВОВОГО РЕГУЛИРОВАНИЯ ТУРИСТИЧЕСКИХ УСЛУГ В УСЛОВИЯХ ЦИФРОВОЙ ТРАНСФОРМАЦИИ: ПРОБЛЕМЫ И ПЕРСПЕКТИВЫ ПРАВОПРИМЕНЕНИЯ International Law, Business and Political Science Journal ISSN-L 3235-9799 E-ISSN 3235-9799 IF(Impact Factor) 13.24 https://journallaw.totalh.net/ Volume: 11. Issue 12 November 2025 2 Аннотация В статье рассматриваются современные тенденции и проблемы совершенствования гражданского законодательства Республики Узбекистан в условиях цифровой трансформации. Акцент сделан на необходимости системной унификации и гармонизации национальных гражданско-правовых норм с международными стандартами, а также адаптации законодательства к требованиям цифрового гражданского оборота. Особое внимание уделено вопросам имплементации общепризнанных принципов международного права и роли Гаагской конференции по международному частному праву в процессе сближения правовых систем. Отмечается значимость участия Узбекистана в международных инициативах, направленных на развитие правовых механизмов регулирования цифровой экономики, электронной коммерции и трансграничных частноправовых отношений. Подчеркивается, что обновление Гражданского кодекса Республики Узбекистан должно учитывать как внутренние экономикоправовые реалии, так и международные обязательства страны, в том числе в контексте присоединения к Всемирной торговой организации. Ключевые слова: гражданское законодательство, унификация права, цифровой гражданский оборот, международное частное право, Гаагская конференция, гармонизация, Всемирная торговая организация, правовая реформа, правоприменение, Республика Узбекистан. Research Relevance At present, active legislative work is being undertaken to improve the civil legislation of the Republic of Uzbekistan, taking into account the objective needs of the digital civil turnover. The international and constitutional-legal characterization of the application of universally recognized principles of international law and the norms of the Constitution of the Republic of Uzbekistan provides an opportunity for a comprehensive and in-depth analysis of all institutions of the Civil Code of the Republic of Uzbekistan (CC RUz) and for the development of well-grounded, problem-oriented conclusions and proposals for its modernization in light of new legislative objectives in this field. According to Article 33 of the Constitution of the Republic of Uzbekistan, “The State shall create conditions for ensuring access to the global information network, the Internet.” In accordance with the Presidential Resolution of the Republic of Uzbekistan dated April 5, 2019, No. R-5464 “On Measures to Improve the Civil Legislation of the Republic of Uzbekistan,”[1] the current version of the Civil Code does not fully meet the requirements of rapidly evolving economic relations within the country, nor does it correspond to international civil law standards. In particular: International Law, Business and Political Science Journal ISSN-L 3235-9799 E-ISSN 3235-9799 IF(Impact Factor) 13.24 https://journallaw.totalh.net/ Volume: 11. Issue 12 November 2025 3 First, the Civil Code retains outdated legal institutions and organizational-legal forms of legal entities that no longer exist in the legal systems of developed market economies. Second, the Code lacks classical civil law institutions such as “commercial risk,” “equality of business entities,” “fair compensation,” and “refusal to perform contractual obligations.” Third, it does not regulate several forms of civil contracts and legal relations that are in high demand in the modern market environment, including public-private partnership agreements, dealership contracts, shared construction, cluster production, electronic commerce, cryptocurrency circulation, land privatization, and others. Fourth, the excessive number of blanket and reference norms (approximately 80) prevents the Code from functioning as a self-executing legal act and diminishes its authority in the regulation of civil relations. Fifth, the Civil Code provides for an unjustifiably large number of organizationallegal forms of legal entities that are similar in nature and represent a hybrid of norms borrowed from other legal forms (for example, private enterprises and unitary enterprises, which cannot attract investment since the law does not provide for the participation of additional members in their structure). Sixth, the Code contains public law provisions that do not belong to civil law institutions and includes an excessive number of restrictions concerning private property and contractual relations. Seventh, the Civil Code is almost entirely devoid of provisions governing the use of information and communication technologies (ICT) in civil law relations. This analysis underscores the necessity for systemic reform and digital modernization of the civil legislation of Uzbekistan, ensuring its harmonization with international legal standards and the realities of the digital economy. International Private Law Benchmarks for the Improvement of Civil Legislation The Preamble of the Constitution of the Republic of Uzbekistan declares that “this Constitution is adopted on the basis of universally recognized principles and norms of international law.” According to Article 15 of the Constitution, the Republic of Uzbekistan recognizes the unconditional supremacy of the Constitution and laws. The Constitution of the Republic of Uzbekistan possesses the highest legal force, has direct effect, and forms the foundation of a unified legal system throughout the entire territory of the country. International treaties of the Republic of Uzbekistan, together with universally recognized principles and norms of international law, constitute an integral part of the national legal system. Where an international treaty of the Republic of Uzbekistan establishes rules differing from those provided by domestic law, the rules of the international treaty shall prevail. International Law, Business and Political Science Journal ISSN-L 3235-9799 E-ISSN 3235-9799 IF(Impact Factor) 13.24 https://journallaw.totalh.net/ Volume: 11. Issue 12 November 2025 4 In accordance with the Presidential Decree “On Measures to Improve the Civil Legislation of the Republic of Uzbekistan,” one of the main priority directions in the further modernization of civil legislation is the systematization and unification of civil law norms, ensuring their harmonization with best foreign practices, as well as the implementation of advanced international standards in this field. In the process of convergence of private international law norms among various states, the terms “unification,” “uniformization,” and “harmonization” are widely used. These concepts reflect the global legal trend toward creating consistent and coherent civil law frameworks, enabling effective cross-border cooperation, legal predictability, and the integration of national systems into the evolving international legal order [2]. International organizations play an important role in the process of unifying international legal acts [3]. The oldest organization in the field of unification of private international law is the Hague Conference on Private International Law (began its work in 1893). The members of this organization include more than 60 countries, including Uzbekistan. As is known, on March 4, 2020, Uzbekistan joined the Hague Conference on Private International Law. Uzbekistan's membership in the Hague Conference will ensure the country's participation in the procedure of unifying the norms of international family and private law, further development of the legal system taking into account world standards, and enhancing the effectiveness of protecting the rights and interests of the country's citizens abroad [4]. Therefore, on September 6-8, 2000, the UN Millennium Declaration was adopted and global development priorities were defined. This document consists of 17 goals and 169 targets, and also defines tasks to increase production in economic sectors through accelerating technical modernization, value-added industries, and information and communication technologies [5]. As is known, the agreement on information technology was adopted at the first ministerial conference of WTO member states (Singapore, 1996) [6]. It defines the principles of international trade in information technologies, providing for the gradual reduction of customs tariffs on information technology products and their elimination (zero tariffs) starting from January 1, 2000. Currently, the World Trade Organization (WTO) is discussing the expansion of the range of goods classified as information technology products. Approximately 40 countries are parties to this Agreement; however, the tariff preferences established under it also extend to other countries. According to the Decree of the President of the Republic of Uzbekistan No. PF-214 of December 25, 2023, a strategic task has been set to adapt national legislation and law enforcement practices to the rules, norms, and agreements of the WTO, to complete market access negotiations with at least ten foreign countries annually, and to systematically conduct accession negotiations aimed at the effective completion of Uzbekistan’s WTO membership process and entry into the markets of WTO member states. International Law, Business and Political Science Journal ISSN-L 3235-9799 E-ISSN 3235-9799 IF(Impact Factor) 13.24 https://journallaw.totalh.net/ Volume: 11. Issue 12 November 2025 5 By its civil-law nature, the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement) is an international treaty that forms part of the package of documents establishing the World Trade Organization (WTO). The Agreement sets minimum standards for the recognition and protection of key objects of intellectual property rights. It was adopted during the Uruguay Round of the General Agreement on Tariffs and Trade (GATT) in 1994. The TRIPS Agreement enables the use of highly effective dispute resolution mechanisms available within the WTO framework, as applied to intellectual property. These mechanisms include the possibility of retaliatory measures. For example, if a violation of the copyright of an author from one country occurs in another, the injured country—having gone through the WTO dispute settlement procedures—may impose higher tariffs on the import of certain goods from the offending country. Primarily, the TRIPS Agreement requires member states to implement all essential provisions of the Berne Convention for the Protection of Literary and Artistic Works, except for those concerning moral rights. In addition, TRIPS introduces a number of new provisions related to the international protection of copyright. The absence of moral rights in the Agreement is justified, as its main focus is on regulating the traderelated aspects of intellectual property. The TRIPS Agreement thus incorporates several fundamental elements that complement the provisions of the Berne Convention [7]. In accordance with these provisions, copyright protection extends to computer programs, the term of protection is lengthened, and international trade in computer programs and other intellectual property objects is restricted with countries that lack the capacity to ensure adequate copyright protection. The Agreement also establishes the requirement for member states to adopt various administrative mechanisms for the protection of copyright. [8]. The Law of the Republic of Uzbekistan dated February 15, 2024, No. 908, «On Amendments and Additions to Certain Legislative Acts of the Republic of Uzbekistan Aimed at Bringing the National Legislation of the Republic of Uzbekistan into Conformity with the Agreements of the World Trade Organization,” represents one of the key measures to accelerate the process of Uzbekistan’s accession to the World Trade Organization (WTO) [9]». One of the primary conditions for accession to the WTO is the harmonization of national legislation with the standards and provisions set forth in the WTO agreements. The Law of the Republic of Uzbekistan “On Trademarks and Appellations of Origin” has been amended and supplemented to establish a precise procedure for the use of industrial property objects without the consent of the right holder, taking into account the interests of intellectual property owners, and to eliminate the statute of limitations for the protection of rights in cases of unfair use of trademarks by other parties following registration. In accordance with the requirements of the WTO Agreements, amendments have also been introduced to the Law of the Republic of Uzbekistan “On International Law, Business and Political Science Journal ISSN-L 3235-9799 E-ISSN 3235-9799 IF(Impact Factor) 13.24 https://journallaw.totalh.net/ Volume: 11. Issue 12 November 2025 6 Medicines and Pharmaceutical Activities”, providing for the introduction of procedures to protect the rights of data owners obtained prior to and as a result of clinical trials within the framework of pharmaceutical activities. Moreover, this Law introduces amendments to the Law of the Republic of Uzbekistan “On State Duties”, aimed at unifying patent fees as well as state duties charged for the registration of enterprises with foreign investment and other business entities. Amendments to the Law of the Republic of Uzbekistan “On Advertising” are directed toward ensuring equal conditions for domestic and foreign manufacturers. This Law will contribute to the protection of the rights of industrial property owners, the unification of patent and registration fees, and the harmonization of national legislation with the rules and standards of the World Trade Organization. Most importantly, international private law instruments serve as a guideline for the unification and systematization of national legislation. Therefore, in the ongoing process of reforming the Civil Code of Uzbekistan, it is essential to take into account the fundamental legal principles and standards established by these international and regional organizations in the field of unification of international private law and the regulation of civil-law relations.[10] In this regard, in the process of reforming the Civil Code of Uzbekistan, it is necessary to take into account the fundamental legal principles and norms of the aforementioned international and regional organizations in the field of unification of international private law regulation of civil law relations. Research Results in the Context of the Reform and Improvement of the Civil Code of the Republic of Uzbekistan. The exercise of civil-law subjective digital rights refers to the actions of subjects of civil-law relations, carried out in accordance with constitutional and legislative norms through the use of information and communication technologies within the digital environment. The protection of subjective civil digital rights implies a set of legal and technological protection mechanisms employed by both non-jurisdictional (extrajudicial) and jurisdictional entities—including digital courts, the technology of artificial judicial intelligence (AI), and actors of online digital dispute resolution— aimed at preventing, suppressing, restoring, or compensating for the violation of subjective civil digital rights in the digital sphere. In this civilistic context, the system of civil-law and information-communication technological instruments designed to protect subjective digital rights constitutes a mechanism of smart regulation. This mechanism seeks to ensure the effective realization of the protective function of law within the Internet environment, promoting good faith and reasonableness in the protection of the rights and interests of participants in the digital civil turnover. Based on this, and taking into account the experience of foreign countries, it is International Law, Business and Political Science Journal ISSN-L 3235-9799 E-ISSN 3235-9799 IF(Impact Factor) 13.24 https://journallaw.totalh.net/ Volume: 11. Issue 12 November 2025 7 necessary to supplement the provisions of the Civil Code of the Republic of Uzbekistan with the following content: It is proposed to amend Article 111 of the Civil Code of the Republic of Uzbekistan to read as follows: Article 111. Protection of the Rights of Entrepreneurs and Consumers Entrepreneurship is defined as the independent and initiative-based activity of individuals and legal entities aimed at generating net income through the use of property, production, sale of goods, performance of work, or provision of services, carried out on the basis of the right of private ownership (private entrepreneurship) or on the right of economic management or operational administration of a state enterprise (state entrepreneurship). Entrepreneurial activity is conducted on behalf of, at the risk of, and under the property liability of the entrepreneur. The State guarantees the freedom of entrepreneurial activity and ensures its protection and support. The rights of entrepreneurs engaged in activities not prohibited by law are protected through the following means: 1. The ability to carry out entrepreneurial activity without obtaining any permits or submitting notifications, except for those permits and notifications expressly required by legislation; 2. The establishment of a simplified, single-window registration procedure for all types of entrepreneurial activity across all sectors of the economy in one registering authority; 3. The limitation, by legislative acts, of inspections of entrepreneurial activities conducted by state authorities; 4. The compulsory termination of entrepreneurial activity only by court decision and only on grounds established by legislative acts; 5. The establishment, by legislative acts, of lists of types of work, goods, and services that are prohibited for private entrepreneurship, or that are restricted for export or import; 6. The imposition of property liability, as established by law, on state bodies, officials, as well as other persons and organizations, for unlawful interference with entrepreneurial activity; 7. The prohibition for executive, control, and supervisory bodies from entering into contractual relations with business entities regarding the performance of duties that fall within the functions of these bodies; 8. Other means provided for by law. The establishment of a permitting or notification-based procedure shall be determined by legislation, depending on the level of risk associated with the activity or operation, in order to protect human life and health, the environment, property, national security, and public order. International Law, Business and Political Science Journal ISSN-L 3235-9799 E-ISSN 3235-9799 IF(Impact Factor) 13.24 https://journallaw.totalh.net/ Volume: 11. Issue 12 November 2025 8 A permitting procedure shall be established in cases where the requirements set forth by the laws of the Republic of Uzbekistan regarding products, as well as the requirements for mandatory conformity certification, are insufficient to achieve the objectives of state regulation. Commercial (entrepreneurial) secrecy is protected by law. The procedure for determining information constituting a commercial secret, the means of its protection, and the list of information that shall not be considered a commercial secret are established by legislation. The protection of consumer rights shall be ensured by the means provided for in this Code or other legislative acts. Each consumer shall have, in particular, the right to:  freely conclude contracts for the purchase of goods, and the use of works and services;  proper quality and safety of goods (works, services);  complete and reliable information about goods (works, services);  join public consumer organizations. It is proposed to amend Article 112 of the Civil Code of the Republic of Uzbekistan to read as follows: Article 112. Prohibition of the Abuse of Entrepreneurial Freedom Monopolistic and any other activities aimed at restricting or eliminating lawful competition, obtaining unjustified advantages, or infringing upon the rights and legitimate interests of consumers shall not be permitted. Except in cases provided for by legislative acts, entrepreneurs shall not use civil rights for the purpose of restricting competition, including: Abuse of a dominant position in the market by entrepreneurs, in particular by limiting or ceasing production, or by withdrawing goods from circulation in order to create shortages or raise prices; Conclusion and performance of agreements by persons engaged in similar entrepreneurial activities concerning prices, market division, elimination of other entrepreneurs, or other conditions that substantially restrict competition; Engaging in unfair actions that infringe upon the legitimate interests of another person engaged in similar entrepreneurial activity or consumers (unfair competition), in particular by misleading consumers as to the manufacturer, purpose, method and place of manufacture, quality, or other characteristics of another entrepreneur’s goods; by making incorrect comparisons of goods in advertising or other information; by copying the external design of another’s goods; and by other means. Measures to combat unfair competition shall be established by legislative acts. 3. It is proposed to amend Article 24 of the Civil Code of the Republic of Uzbekistan to read as follows: Article 24. Place of Residence of a Citizen Registered in the Digital Register as an Entrepreneur or Engaged in Activities Using Digital Platforms International Law, Business and Political Science Journal ISSN-L 3235-9799 E-ISSN 3235-9799 IF(Impact Factor) 13.24 https://journallaw.totalh.net/ Volume: 11. Issue 12 November 2025 9 A citizen shall have the right to engage in such activities at their place of residence or through the use of digital platforms from the moment of registration in the state digital register as an individual entrepreneur. The provisions of this Code shall apply to the entrepreneurial activities of citizens conducted without the establishment of a legal entity, either at their place of residence (legal address) or through the use of digital platforms, unless otherwise provided by law or arises from the nature of legal relations. A citizen who violates the requirements of the first part of this Article by engaging in entrepreneurial activity without forming a legal entity, whether on their own land or through the use of digital platforms, shall not have the right to claim that they are not an entrepreneur in electronic transactions or smart contracts. The court may apply the provisions of this Code relating to obligations connected with the conduct of entrepreneurial activity on the land of their residence or through digital platforms to such transactions. Unless otherwise provided by law, the provisions of this Code shall apply to the entrepreneurial activities of citizens carried out using digital platforms. 4. Digitalization will give a powerful impetus to the development of electronic contractual transactions [11]. In the context of the digital transformation of civil transactions, the social and official role of contracts is increasing. Digital integration unites the legislation of countries with different legal systems [12] Therefore, the integration of the Civil Code norms with those of the European Union and the Eurasian legal family is considered an objective process. Especially in the economy, the development of traditional approaches to optimizing the "uniform rules of the game" is the only reasonable way to forecast the development of the Civil Code. In our country, there is a tendency to incorporate certain elements of European contract law into the draft Civil Code. Considering the European Civil Code and the trends in the codification of European private law, harmonization with the Civil Code norms is required in the Republic of Uzbekistan [13]. One of the important problems from a systemic perspective in the current Civil Code is the lack of legal regulation of electronic transactions as an integral part of the law of obligations. [14] The development of information technologies requires special and detailed legal regulation of electronic transactions in the Civil Code, with the following important components: 1. identification of the person (electronic signature, etc.), 2. recording of the transaction (databases, storage media, etc.), 3. reproduction of the transaction (objective expression). Such practices exist in many developed countries of the Romano-Germanic legal system. In addition, the Civil Code should establish norms stating that if a contract is concluded in two or more languages, which are considered equally authentic, it is presumed that the words and phrases used in each text have the same meaning. If the words and phrases in each text contradict each other, their interpretation should be