Scientific and legal journal «Bulletin of the Institute of Legislation and Legal Information of the Republic of Kazakhstan»

SOME ISSUES IN STUDYING THE CONTENT OF LEGAL NIHILISM

2024-07-04T07:48:04+00:00

This scientific work analyzes problematic issues of the content of legal nihilism in modern society. The scientific work was carried out on the basis of search, data collection and analysis of various sources of both domestic and foreign authors, whose scientific interests boil down to the analysis of legal nihilism as a social phenomenon. The purpose of scientific research is a comprehensive analysis and understanding of the phenomenon of legal nihilism, determination of its structural components, classification of types and forms of manifestations in society. In the process of writing a scientific article, a complex of various methods of scientific analysis was used, which contributed to the study of this social phenomenon: analysis, synthesis, deduction, induction, formalization, comparison, generalization, abstraction. In the scientific work, various approaches and positions of the authors were voiced based on their own judgments and practical experience, a classification of legal nihilism by type was given, and its main elements were identified. Special attention in the article is paid to highlighting the content of foreign experience devoted to the development of the civic education system, which seems to be the main means of countering and preventing legal nihilism. Based on an analysis of positive foreign practice, measures to improve the situation in our educational system are proposed. The achieved results of scientific work are due to our own conclusions and conclusions, as well as the author’s definition of legal nihilism and recommendations in the field of supplementing the content of the regulatory framework on this issue. The content of scientific work and its results can be used to create draft concepts and programs on issues of legal nihilism, and be used in the educational process in relevant disciplines. In conclusion, it is concluded that legal nihilism is an actual distortion of an individual’s legal consciousness and affects his model of lawful behavior.

LEGAL AWARENESS OF STUDENTS: RESEARCH RESULTS (USING THE EXAMPLE OF KARAGANDA BUKETOV UNIVERSITY)

2024-09-20T04:18:41+00:00

The article is devoted to the study of the level of legal awareness of students of KaragandaBuketovUniversityfrom the perspective of a psychological and legalapproach.Thebuilding of a civilandlegalsocietydepends on the level of development of students' legal awareness.Thearticlereveals the features of the rightconsciousness of students of the above-mentioned university. The study was conductedwithin the framework of an intra-university grant"Formation of medicalandlegalliteracy of universitystudentsas a factor in improving the quality of the country's human resourcespotential(using theexample of the ResourceCenter for InclusiveandSpecialEducation)."

The problem of legal awareness, the study of its real level, state, and content is one of the key, fundamental scientific areas of legal psychology. Its solution involves the tasks of strengthening law and order, improving the efficiency and quality of law enforcement agencies; combating crime and preventing the causes that give rise to it; comprehending the deep content-psychological mechanisms of social interaction of people; cognition of the driving forces and internal regulators of legally significant behavior. In modern conditions, the issues of studying public opinion, which are part of the general theory of legal awareness, have become particularly acute and relevant. The article uses the methodology of quantitative research in the aspects of determining the level of legal literacy of students (based on the KARA), assessing it as a factor in improving the quality of the human resource of Kazakhstan (using the example of the Resource Center for Inclusive and Special Education).

The main conclusion of the study is the need to promote the formation of law-abiding behavior of students. This is realized by involving representatives of all subjects of educational activity, including parents of students, in the educational system by informing all participants of the process. Visualization of legal situations; solving practical tasks and conducting business games within the educational process are also applied.

PROSPECTS FOR THE IMPLEMENTATION OF THE GENERAL DATA PROTECTION REGULATION (GDPR) REQUIREMENTS INTO THE LEGISLATION OF KAZAKHSTAN

2025-02-13T10:31:13+00:00

The right to privacy is one of the fundamental human and civil rights. It is enshrined in international legal instruments and the Constitution of the Republic of Kazakhstan. In the modern era of digital technology development, issues related to the regulation and implementation of this right have gained particular relevance. This article examines the legal acts that establish personal data protection regulations in the European Union and explores the prospects for their implementation in Kazakhstani legislation, as well as the law enforcement practice in this area. The authors analyze the peculiarities of personal data collection, processing, and retention periods in Kazakhstan through the lens of GDPR requirements. A comparative analysis of the current situation regarding personal data protection in the legislation of the EU and Kazakhstan is conducted, based on which recommendations for improving legislative norms are proposed. The study identifies gaps in the legal regulation of personal data protection in both the EU and Kazakhstan. The authors determine that both GDPR requirements and the norms of Kazakhstan’s legislation on personal data protection lack explicit provisions regarding data retention periods. However, in the case of GDPR, there is established case law that compensates for legislative uncertainty, whereas for Kazakhstan's legal system, such a gap may lead to negative consequences. The analysis of personal data protection issues is based on real court cases. The authors emphasize that aligning Kazakhstan’s legislative framework with European regulatory practices could enhance the protection of Kazakhstani citizens in matters related to their right to privacy.

INTERNATIONAL LEGAL REGULATION OF CITIZENS' ACCESS TO CULTURAL HERITAGE

2025-02-13T09:19:21+00:00

This article examines the issues of international regulation of citizens' access to cultural heritage. It is noted that cultural heritage is considered as the basis of civilizational identity, uniqueness of a particular national or ethnic group. The State influences the cultural development of citizens, creates mechanisms for the protection and reproduction of cultural values. The author of the article outlined a system of international legal acts on the protection and protection of cultural heritage, special international bodies performing control functions in the field of legal relations under consideration. The important role of culture in ensuring international peace and security is defined in the UN Security Council Resolution 2347 (2017). An overview of scientific publications by foreign and domestic authors on problematic issues of citizens' access to cultural heritage is given. Theoretical positions on the relationship between the concepts of "cultural values", "cultural heritage", and "common heritage of mankind" are outlined. The international legal regulation of citizens' access to cultural heritage is additional to the measures of protection and protection carried out by each State. It covers many aspects, including the protection of cultural sites, the prevention of their illegal export, the promotion of cultural exchange and the protection of human rights to access cultural goods. Ensuring access to cultural heritage requires a balance between protecting it and enabling society to enjoy this wealth. The international legal regulation of citizens' access to cultural heritage is aimed at protecting, preserving and ensuring accessibility of cultural values for all people. It covers many aspects, including the protection of cultural sites, the prevention of their illegal export, the promotion of cultural exchange and the protection of human rights to access cultural goods.

CONSTITUTIONAL PROVISIONS ON THE CONSTITUTIONAL COURTS IN THE REPUBLIC OF POLAND AND THE REPUBLIC OF KAZAKHSTAN. A COMPARATIVE STUDY

2025-02-12T06:09:47+00:00

The paper zooms on the specific features of the legal status of the Constitutional Courts in the Republic of Poland and the Republic of Kazakhstan. The research founded on the constitutional provisions of both states was conducted using comparative and dogmatic methods, which allowed for an examination of key aspects such as the composition of the courts, the procedure for appointing judges, ensuring their independence, and the scope of their competencies.

The study revealed that both institutions belong to a centralized model of constitutional justice, playing a crucial role in upholding the Constitution's supremacy and protecting citizens' rights and freedoms. However, despite the similarity of their functions, there are significant differences between them. These differences relate, in particular, to the number of judges participating in the work of the courts, the procedure for their appointment, the range of subjects entitled to file appeals, and the list of powers of the courts.

Special attention in the article is given to the significance of constitutional adjudication as the foundation of a democratic rule-of-law state.

The study of the constitutional provisions allows us to conclude, that the differences between the Constitutional Tribunal of the Republic of Poland and the Constitutional Court of the Republic of Kazakhstan are due to the specific characteristics of the political systems in both countries. In the Republic of Poland, the system of constitutional review is closely linked to the dominant role of a bicameral parliament, whereas in Kazakhstan, it reflects the features of a presidential form of government. This distinction is evident in the appointment of judges to the Constitutional Courts (in the Republic of Poland, judges of the Constitutional Tribunal are exclusively appointed by the Parliament, while in the Republic of Kazakhstan, part of the judges are appointed by the President), as well as in the scope of the courts’ competencies concerning the Parliaments and Presidents (in the Republic of Poland, the Constitutional Court does not participate in the impeachment procedure).

Thus, the study emphasizes the importance of examining the institution of constitutional justice to fully understand the mechanisms for protecting human rights and the democratic foundations of the state in various political and legal systems.

EVOLUTION OF CLIMATE LEGISLATION IN KAZAKHSTAN UNDER THE PARIS AGREEMENT

2025-01-24T12:43:04+00:00

One of the most significant global issues of the XXI century is climate change, which has a profound impact on the environmental, social, and economic spheres of life at the individual, community, and state levels. An efficacious mechanism for resolving this global issue is the presence of climate legislation designed to mitigate the impact of human activity on the climate and facilitate adaptation to its changes. In the contemporary era, climate legislation has become an integral component of public policy in numerous countries across the globe. This study examines the evolution of international climate change legislation and the contributions of international organizations, including the United Nations and the World Meteorological Organization. The study emphasizes that addressing issues related to climate change requires effective policy and legal regulation at both the national and global levels. Coordinated actions in these areas are essential for overcoming climate challenges and achieving sustainable development. Particular attention is paid to the process of integrating international commitments enshrined in the Paris Agreement into the legislation of Kazakhstan, as well as to the practical mechanisms of the state to reduce greenhouse gas emissions, develop renewable and alternative energy sources, and introduce carbon markets. In conclusion, the importance of further improvement of the legislative framework for more effective implementation of Kazakhstan's commitments under the Paris Agreement and sustainable development in the context of global climate change is emphasized.

INTERNATIONAL MARRIAGES: LEGAL PROBLEMS OF MARITAL RELATIONS WITH AN ALIEN ELEMENT

2025-01-23T07:20:29+00:00

A comprehensive study of the legal aspects of family and marriage relations with a foreign element in Kazakhstan and abroad is aimed at identifying the problems of the existing legal system to improve legal security and protect the rights of all participants in these relations. The study and comparison of legal norms and practices in Kazakhstan and other countries is conditioned by the task of identifying common and distinctive approaches to regulating family and marital relations with a foreign element. The assessment and interpretation of legal norms is carried out through the prism of the theory of human rights and comparative law, which makes it possible to substantiate the features and problems of regulating family and marital relations.

Based on modern scientific methods, the analysis of existing approaches in different countries to the issues of marriage, the definition of applicable law in international family disputes in the context of various legal systems is made. The analysis of the family legislation of the Republic of Kazakhstan is carried out taking into account the historical context of development. The article emphasizes that, against the background of globalization and increasing migration flows, family law is facing new challenges related to multiculturalism, diversity of cultural and religious norms. An important aspect of the analysis is the need to adapt international norms and standards into national legislation. The study touches upon topical issues of the application of conflict of laws rules in family and marital relations with a foreign element. One of the important results of the study is the substantiation of the problem of restoring the norms of private international law in the current legislation of the Republic of Kazakhstan in order to create a more transparent and secure legal environment for all participants in international family relations. The study allowed us to draw conclusions about the need for further development of family legislation of the Republic of Kazakhstan aimed at protecting the rights of citizens and meeting modern international requirements.

CURRENT ISSUES OF THE PRACTICE OF RECOGNIZING THE REGISTRATION OF LEGAL ENTITIES AS INVALID IN THE REPUBLIC OF KAZAKHSTAN AND FOREIGN COUNTRIES

2025-01-30T04:15:20+00:00

In recent years, the country has developed the practice of «simplified» liquidation of legal entities, carried out on the basis of lawsuits by state revenue agencies. Carrying out the liquidation procedure by invalidating the registration of a legal entity entails the impossibility of collecting debts under contracts with such a legal entity, due to the fact that the legal entity whose registration is recognized as invalid disappears from civil circulation despite the fact that since its registration, a mass of transactions of a civil nature has been concluded for millions of turns. This practice leads to a gross violation of the rights and legitimate interests of business entities, creates a serious threat to their property rights, undermines trust in government and management institutions, which ultimately affects the country's economy as a whole. The article discusses the main provisions of the current legislation and the practice of its implementation in the field of termination of the activities of legal entities on the basis of invalidation of registration. The procedure for initiating the termination of the activities of legal entities by state bodies, as well as the legality and expediency of this procedure, is being studied. In some countries, the rights of creditors and their protection are one of the main tasks of legislation in the liquidation of a legal entity. The analysis of foreign experience regarding the procedure for terminating the activities of legal entities is carried out, on the basis of which the authors propose to improve this mechanism by applying the institutions available in national legislation. This allows you to comply with the specifics of current legislation and make gentle changes to the existing procedure for compulsory liquidation of a legal entity.

ISSUES OF LEGAL PROTECTION OF INDIVIDUAL OBJECTS OF INDUSTRIAL PROPERTY UNDER THE LEGISLATION OF THE REPUBLIC OF KAZAKHSTAN AND THE EURASIAN ECONOMIC UNION

2024-10-08T03:56:34+00:00

In the article, the author examines certain aspects of the legal protection of certain objects of industrial property, reveals the importance of the development of integration processes and the need to harmonize the legislation of the EAEU member states. The author raised the issues of the absence of uniform conventions in the field of copyright, related rights, trademarks and other means of individualization on the territory of the EAEU, with the exception of one - the Eurasian Patent Convention.

The relevance of the article lies in the study and disclosure of such intellectual property objects as an unregistered industrial design and a geographical indication, which were introduced into the legislation of the Republic of Kazakhstan as a result of harmonization of legislation in connection with participation in the EAEU. The above-mentioned objects are of interest for scientific research due to their features, which do not allow them to be classified as one of the traditional objects of intellectual property.

In addition, the article analyzes the new institution "unregistered industrial design", which was introduced into the Patent Law of the Republic of Kazakhstan by Article 34-1 in accordance with the Law of the Republic of Kazakhstan dated 06/20/2012 No. 128-VII. The criteria for protection are similar to those for copyright objects, which requires resolving the question of whether this object belongs to copyright or patent law.

The author has studied the institute of geographical indication, its similarities and distinctive features with the designation of places of origin of goods. Despite certain similarities, geographical indication is still an independent means of individualization.

The article analyzes the practice that has arisen in Kazakhstan regarding the recognition of trademark registration as invalid due to their identity with trademarks registered in Russia, since Kazakhstani courts recognize unfair competition.

FINANCIAL INSTRUMENTS AS OBJECTS OF CIVIL LAW RELATIONS

2024-10-07T12:47:43+00:00

The article is devoted to one of the objects of civil relations – financial instruments. In modern society, financial instruments are needed for profitable business management, they play an important role in making strategic decisions, optimizing financial processes and ensuring stability and economic growth. In addition, financial instruments allow you to predict and control income and expenses, manage risks, attract investments and carry out financial transactions. In this regard, the authors in the article point to the need to introduce into practice financial instruments that increase the investment activity of business entities, their competitiveness, and in general the national economy. In the article, the authors provide definitions of financial instruments given by foreign and domestic scientists, definitions specified in normative legal acts and international documents.

The authors of the article point to such basic features of financial instruments as: the ability to generate future cash flows, the ability to trade in organized and unorganized markets, the ability to contain monetary value, and have a legal form in the form of a contract. At the same time, in the article, the authors identify the advantages of financial instruments, which consist in reducing risk, obtaining short-term profits, mobilizing sources of financing and facilitating financial transactions.

The authors draw some conclusions on the topic and claim that there are two types of financial instruments: primary and derivative. Primary financial instruments are financial instruments that involve the purchase-sale or delivery-acquisition of a certain financial asset, which leads to mutual financial requirements. A derivative financial instrument is an agreement under which a monetary settlement will be made between its parties at a future price in the future.

ILLEGALITY AS AN ELEMENT OF DISCIPLINARY MISCONDUCT OF MEDICAL WORKERS

2024-05-27T13:08:06+00:00

This article addresses the issue of defining illegality as an essential element of disciplinary misconduct by medical workers. The relevance of this research is underscored by the importance of legal responsibility for medical professionals in contemporary society, as the quality of medical care and the conscientiousness of healthcare workers directly impact the most precious assets of any individual – life and health.

Based on a theoretical analysis of the literature, the author concludes that the issues of medical responsibility are predominantly explored from the perspectives of criminal and civil law. However, the issues of disciplinary responsibility for medical workers are sector-specific and thus require examination through the lens of labor law norms.

The article elucidates the significance of illegality as an essential characteristic of disciplinary misconduct, establishing it in line with the legal principle of the rule of law and aligning with notions of just punishment.

The author attempts to classify disciplinary misconduct by medical workers based on the criterion of illegality. Using this classification and an analysis of judicial practices, the author proposes categorizing disciplinary misconduct into professional, performance-related, managerial (administrative), corruption-related, and ethical violations.

The study acknowledges that harm is not a mandatory element of disciplinary misconduct, influencing only the severity of the sanctions imposed rather than the grounds for disciplinary responsibility. According to the author, this approach aligns well with the deontological model of medical ethics, viewed as the obligation of medical professionals to strictly adhere to norms, requirements, and rules of professional conduct.

THE HALAL INDUSTRY'S IMPACT ON INTERNATIONAL TRADE LAW. CHALLENGES BEFORE KAZAKHSTAN

2024-08-16T10:08:19+00:00

This article examines the growing significance of Halal standards in international trade law, which is becoming increasingly relevant as the global Muslim population grows and the demand for Halal products rises. As more Muslim countries enforce strict rules around Halal labeling and certification, these requirements impact trade with non-Muslim countries, particularly within the frameworks set by the World Trade Organization (WTO). The article focuses on the regulation of Halal food products, which are much more established than Halal standards in other sectors like banking, medical services, and tourism. By looking at Kazakhstan’s experience, where the Halal industry is rapidly expanding, the article highlights both the opportunities and challenges this growth presents for local regulation and international trade. It discusses the need for a clear, unified international legal framework that aligns Halal standards with WTO rules to help ease trade tensions and promote fair practices. The article also emphasizes that while Halal food regulations are relatively advanced, there’s still much work needed to ensure consistent Halal standards across all sectors, thereby supporting the rights of Muslim consumers and fostering more inclusive global trade.

TYPES OF TAX BEHAVIOR AND THEIR DISTINCTIVE FEATURES AS A CRITERION FOR THE ADMISSIBILITY OF THE APPLICATION OF THE MUTUAL AGREEMENT PROCEDURE IN THE FRAMEWORK OF TAX CONVENTIONS

2025-02-06T07:15:56+00:00

. In the article the author examines the types of tax behavior and their peculiarities as the main criterion of admissibility of application of international legal mechanisms of settlement of international tax disputes, in particular, the Mutual Agreement Procedure. The Mutual Agreement Procedure (MAP) is a key inter-agency administrative procedure provided for in all tax treaties (conventions) on the avoidance of double taxation (DTA). Before initiating a MAP or applying other provisions of a DTA, the competent authorities must determine what type of tax behavior has occurred in a particular legal situation. Based on the analysis of international and national tax legislation, as well as practices regulating issues related to lawful and unlawful behavior of a taxpayer in the implementation of tax planning of its financial and economic activities, the author analyzed the legal categories denoting types of acceptable and unacceptable tax behavior of taxpayers ("tax evasion", "tax avoidance", "tax mitigation", "tax planning"), highlighted the peculiarities of each type of tax behavior and identified their similarities and differences. In the course of the study, the author has identified the absence in international and national tax law of unified criteria for understanding acceptable and unacceptable tax behavior. Furthermore, the author has substantiated the expediency of fixing in the DTA and in the tax legislation of states the relevant unified criteria for understanding the types of tax behavior in terms of admissibility of application of MAP or other provisions of the DTA to them. This will facilitate the resolution of the issue of legal uncertainty in the determination of the types of tax behavior and markedly enhance the efficacy of the tax collection mechanism.

ISSUES OF IMPLEMENTATION OF RATIFIED INTERNATIONAL CONVENTIONS ON THE PROTECTION OF THE RIGHTS OF PERSONS WITH DISABILITIES IN THE REPUBLIC OF KAZAKHSTAN

2024-10-08T07:14:49+00:00

. This article discusses issues related to the implementation of the norms of the Convention on the Protection of the Rights of Persons with Disabilities ratified by the Republic of Kazakhstan. The author analyzes the situation in Kazakhstan and reveals the problematic issues related to the protection of the rights of persons with disabilities.

The United Nations Convention on the Rights of Persons with Disabilities (CRPD), as well as other international instruments, is an instrument to promote, protect and ensure the rights of persons with disabilities so that they can fully participate in society and enjoy the same freedoms and opportunities like others. The Republic of Kazakhstan has ratified almost all major human rights agreements, including the CRPD. However, the process of implementing international standards set out in the provisions of the conventions, is still far from perfect. As a result, numerous disabled people in our country still face certain obstacles in the way of exercising their rights.

In our research we will rely on local and international legal basis such Law on “On social protection of persons with disabilities in the Republic of Kazakhstan”, National plan to ensure the rights and improve the quality of life of persons with disabilities in the Republic of Kazakhstan until 2025, Convention on the Rights of Persons with Disabilities 2006, Declaration of human rights 1948, International Covenant on Economic, Social and Cultural Rights etc.

In conclusion, the author puts forward his proposals for improving the situation in the country. It is recommended to improve the monitoring of the implementation of standards at the national and local levels of government, as well as to introduce educational programs that explain to potential employers the rights and obligations of persons with disabilities in the field of work. In addition, it is proposed to expand the influence and participation of such international organizations as Amnesty International, Human Rights Watch, and the UN in protecting the rights of people with disabilities in our country.

SOME ISSUES OF COUNTERING THE LEGALIZATION (MONEY-LAUNDERING) OF PROCEEDS FROM CRIME AND THE FINANCING OF TERRORISM

2024-09-19T10:32:34+00:00

This article addresses the issues of combating money laundering and terrorist financing, as well as enhancing the national security system in accordance with international standards (AML/CFT) and the financing of the proliferation of weapons of mass destruction as set by the Financial Action Task Force (FATF).

The events of January 2022 in Kazakhstan demonstrated that the groups responsible for crimes, riots, and mass looting in Almaty and other major cities had a clear plan. It is suspected that the financing of these groups to carry out terrorist actions in the country was sourced both domestically and internationally.

The authors analyzed the Law of the Republic of Kazakhstan «On Combating Legalization (Laundering) of Proceeds from Crime and Financing of Terrorism» (hereinafter – the Law of August 28, 2009) and proposed new solutions, including the adoption of two separate laws: «On Combating Legalization (Laundering) of Proceeds from Crime» and «On Combating Terrorist Financing and Financing of the Proliferation of Weapons of Mass Destruction».

Additionally, the authors conducted an analysis of certain terms and definitions used in sector-specific legislation and concluded that clarification is needed. For example, defining a beneficiary or beneficial owner can be a complex process. In some jurisdictions, only individuals owning a certain percentage of shares (e.g., more than 25%) are considered beneficial owners. This allows for the evasion of disclosure if ownership is structured in such a way that no single beneficiary reaches the threshold.

EXEMPTION FROM PAYMENT OF STATE FEES IN THE COURTS FOR SOCIALLY VULNERABLE PEOPLE (MONITORING LEGISLATION)

2024-10-08T07:13:20+00:00

The authors examined the issues of exemption from payment of state duties in the courts of socially vulnerable segments of the population both in the Republic of Kazakhstan and in foreign legislation.

In the Constitution of the Republic of Kazakhstan, the «right to judicial protection» is enshrined as the main guarantee of the protection of the rights and legitimate interests of citizens. This right is absolute and inalienable and is not subject to limitation in any cases.

Turning to the legal nature of the state duty, the author concluded that the collection of the duty itself is consistent with the provisions of the Constitution, since the payment of taxes, fees and other obligatory payments is the responsibility and duty of everyone.

However, the size of the state fee and the ability of a participant in legal proceedings to pay it may have a deterrent effect on the ability of individuals to seek restoration of their rights through resorting to available forms of legal proceedings.

To overcome this financial barrier in realizing the right to judicial protection, article 616 of the Code of the Republic of Kazakhstan «On taxes and other obligatory payments to the budget» (hereinafter - TC) provides for grounds for exemption from payment of state fees in the courts, including when filing petitions for review judicial acts in cassation, based on the category of the claim or the subject of the legal relationship.

The authors believes that the current version of subparagraph 13) of article 616 of the TC, which provides benefits only to plaintiffs, does not consider the fact that other participants in the process (defendants) belonging to socially vulnerable segments of the population were deprived of legal instruments that could compensate for their financial failure to pay the established state duty rates when applying for protection of one’s rights to the cassation court.

ANALYSIS OF KAZAKH LEGISLATION AND JUDICIAL PRACTICE IN CASES OF THEFT

2025-01-28T05:00:34+00:00

The article is devoted to the analysis of the legislation of the Republic of Kazakhstan and judicial practice in cases of theft classified as criminal offenses encroaching on other people's property.

The chosen topic is actualized by the fact that theft over the past 8 years since the entry into force of the Criminal Code of the Republic of Kazakhstan from 2014 to 2023 was the leader among all crimes committed in the republic as a whole. Only in the last 2 years, in 2023-2024, fraud outstripped theft in terms of its number. Statistical data on the number of all crimes registered in the Republic of Kazakhstan show that despite the annual decline in crime, theft, like fraud, occupies a large share in the crime structure and poses the greatest public danger due to its prevalence.

The work provides a criminal and legal description of theft as one of the forms of theft directed against other people's property, which violates everyone's right to own, use and dispose of legally owned property. The authors analyse the main, some qualified and especially qualified types of theft, describe the level and structure of theft, as well as the problems of qualifying individual types of theft.

The criminal legislation of the Republic of Kazakhstan providing for criminal liability for theft, statistical data and judicial practice in criminal cases of theft have been studied. A set of signs or legal properties of criminal theft cases has been subjected to the study. A review of the quantitative and qualitative indicators of all registered thefts, which are contained in official statistical data, was conducted in the republic as a whole for the period from 2020 to 2024. The various areas and methods of committing thefts identified by the investigative and inquiry authorities, as well as its varieties, have been identified.

The problems of the legal regulation of theft regulations in the Republic of Kazakhstan are identified and shown, as well as ways to solve them are proposed. Special attention is focused on the problems related to the qualification of thefts on certain grounds.

CONTROL OVER BUSINESS AND PROFESSIONAL ACTIVITIES IN THE CONTEXT OF SELF-REGULATION

2025-02-07T09:14:22+00:00

The institution of self-regulation in the Republic of Kazakhstan is gradually becoming widespread in business and professional activities. The control organized by a self-regulatory organization in relation to its members (participants) is an important element of the entire system of self-regulation, which ensures compliance with accepted internal rules of conduct and norms for the implementation of selected activities.

The article examines the content of legislative norms regulating the execution of internal control in the context of self-regulation (form, subject, procedure for the participation of specialized bodies, the legal capacity of the subject of control and the inspecting person, as well as the procedure for completing the inspection and imposing penalty measures). In the course of the study, the boundaries of the subject of internal control (the documents for compliance with the requirements of which verification is aimed) are established, which, in theory, are associated with the specifics of the legal nature of a self-regulating organization.

The scientific approach to understanding the nature of a self-regulating organization explains the specifics of the limits of the control function in organizations with mandatory and voluntary types of self-regulation. The type of self-regulation determines the scope of control, as well as the limits of the application of penalties. Self-regulatory organizations based on compulsory membership (participation) have the right to verify that their members (participants) comply with the requirements of internal acts and legislation, as well as to apply coercive measures, since exclusion from membership (participation) in the organization prohibits a person from continuing to carry out activities. Self-regulatory organizations based on voluntary membership (participation) have the right to exercise internal control only over compliance with the requirements established in local documents, and applied by them measures of influence are disciplinary or organizational in nature and do not interfere with the further implementation of activities.

Based on the results of the study, certain shortcomings of the legal regulation of the organization of the control function in self-regulating organizations were identified, and proposals were made to eliminate them. The results of the study can be used to improve legislation in standard-setting activities.

ON CONSIDERATION OF REGULATORY LEGAL ACTS FOR COMPLIANCE WITH THE CONSTITUTION AND LAWS IN THE CONSTITUTIONAL AND ADMINISTRATIVE COURTS

2024-09-19T11:57:07+00:00

The article is devoted to one of the current problems of the general theory of law, constitutional law, administrative process - disputes about verification of compliance with the constitution and laws of regulatory legal acts in constitutional and administrative courts. The paper examines theoretical approaches to this problem, that exist in domestic and foreign scientific legal literature, conducts a critical analysis of the norms of the Constitution of the Republic of Kazakhstan, national legislation on constitutional, administrative and civil proceedings and the practice of its application, and also examines foreign experience of legal regulation in a comparative manner powers of bodies of constitutional and administrative justice, courts of general jurisdiction. On this basis, certain contradictions, gaps, inaccuracies and other shortcomings in the legal support for the activities of the Constitutional Court and administrative courts of Kazakhstan have been identified. Thus, the Civil Procedure Code does not define which normative legal acts can be challenged from the point of view of their legality in court. The question is also raised about the excessive powers of the President, allowing him to submit to the Constitutional Court submissions on the compliance of the Constitution not only with laws in the order of preliminary and subsequent control, but also with existing legal acts of any state bodies, which, in essence, violates the principle of separation of powers. There is an inaccuracy in the definition of the form of government in the Constitution of the Republic, which makes it possible to challenge in the Constitutional Court the constitutionality of the law amending the Constitution, establishing the immutability of the form of government. This made it possible to develop and substantiate a number of recommendations aimed at improving legislation.

ABOUT LOBBYING IN THE LEGISLATIVE PROCESS

2025-01-15T12:45:18+00:00

The article is devoted to the study of lobbying in the legislative process in the Republic of Kazakhstan. The article reviews the attempt to pass the "On Lobbying" law and its accompanying bill from 2009-2012. These bills aimed to eliminate departmental pressure and the promotion of corporate interests at the expense of public interests. Deputies considered these bills for two and a half years. The article also examines the activities of the National Chamber of Entrepreneurs of the Republic of Kazakhstan in conducting examinations of draft laws and developing draft normative legal acts. We conducted an analysis of international experience in the legal regulation of lobbying, as well as national legislation on lobbying in the legislative process, which allowed us to formulate relevant conclusions and proposals. Other scholars consider the peculiarities of legislative regulation of lobbying activities depending on the Anglo-Saxon or continental legal model. The analysis of national legislation on lobbying in the legislative process allows for the formulation of the following conclusions and recommendations. Lobbying in democratically developed countries is an established institution of socio-political life. In Kazakhstan's current legislation, various laws contain provisions that can be attributed to elements of the lobbying institution in legislative activities. To a certain extent, we can refer the provisions on petitions to the institution of lobbying. A petition is a collective message, response, or proposal sent to a government body. The Administrative Procedural Code has been supplemented with Chapter 12-1 "Petition" (Law of the Republic of Kazakhstan dated 02.10.23 No. 31-VIII). The Kazakh legal system promotes transparency in the development and passage of normative legal acts. Citizens, public organizations, including political parties, and the National Chamber of Entrepreneurs have the opportunity to express their positions on any bill. There is no prohibition on lobbying in the legislative process in Kazakhstan. The adoption of the law will not significantly change the established process of drafting and discussing bills over the years. However, the adoption of a separate law or amendments to the current legislation will reduce corruption risks.

CONSTITUTIONAL REGULATION OF THE ECONOMICS: KAZAKHSTAN IN SEARCH OF AN OPTIMAL MODEL

2024-12-11T07:07:10+00:00

In this article, we focus attention on determining the content of economic relations enshrined in the constitutional acts of the Republic of Kazakhstan. The subject of constitutional regulation in 1990-1995 was built in the conditions of the establishment and assertion of state sovereignty and state independence of Kazakhstan; the transition from a socialist model of the economy to a market one; overcoming acute objective and subjective, internal and external challenges and threats that existed at this stage.

In the Constitutions of 1993 and 1995, there was a reduction in the axiological origins of the institute of economic foundations of the social system with the predominance of a special civil law principle. As a result, it was not possible to form a working comprehensive constitutional model of the integral economic system of Kazakhstan in the aggregate of its classical elements. Adequately, the possibilities of the Constitution's influence on it were limited.

Today, having our own experience (both positive and negative), it has become much clearer to us what the new priorities of economic relations should be, what the Constitution needs to be replenished in order to open and strengthen these novels, what provisions need to be lifted from lower-level legislation to give norms a higher level of strength and degree of protection from various "misunderstandings", inconsistencies and violations. So, in order to radically reformat doctrinal approaches, law-making and law enforcement, including law enforcement activities based on updated values, first of all, justice, responsibility and trust of Kazakhstanis.

To correct the situation, it is advisable to define and consolidate the Kazakh economy in the Basic Law as a constitutional value, the main social purpose of which is to ensure state independence and economic (financial, technological, environmental, etc.) sovereignty (security) of the country, mitigate social contradictions, continue the consistent consolidation of society, improve the welfare of citizens.

As a result, the economics of Kazakhstan will continue its stable and sustainable transformation into a constitutional economics.

DISCIPLINARY LIABILITY OF KAZAKHSTAN JUDGES: HISTORICAL AND MODERN ASPECTS

2025-01-23T06:52:27+00:00

The presented work is devoted to the issue of disciplinary liability of Kazakhstani judges under the legislation of the Republic of Kazakhstan for committing any disciplinary offense incompatible with judicial office, infringing on legality and contrary to judicial ethics, their grounds, conditions, procedure and consequences of imposing disciplinary punishment.

The work actualizes the unresolved problems of challenging the legality of decisions, appealing against the legality of actions or omissions of bodies of the judicial community authorized by law to carry out disciplinary proceedings against judges and bring them to disciplinary responsibility. The author draws attention to the norms of the legislation of the Republic of Kazakhstan, by which Kazakhstani judges brought to disciplinary responsibility are completely deprived of the constitutional right to judicial protection guaranteed to them. At the same time, it has been established that to this day, the legislation of the Republic of Kazakhstan leads Kazakhstani judges away from bringing to justice and imposing penalties on them for committing a judicial error.

Defects and gaps in legislation have been identified, indicating that they have not been given a specific definition of the concept of disciplinary misconduct, criteria distinguishing between their types are not given, clear grounds, conditions, procedure and consequences of bringing judges to disciplinary responsibility are not regulated. The author notes the absence of a procedural form of legal proceedings established by law for the consideration and resolution by courts of cases and disputes related to bringing judges to disciplinary responsibility. At the same time, he appeals with statistical data on disciplinary cases and materials initiated against Kazakhstani judges over the past 3 years. In addition, he analyzes the practice and legal position of the Constitutional Court, which run counter to constitutional norms and generally recognized principles of law. At the end of the study, the author concludes his conclusions and recommendations.

APPLICATION OF ARTIFICIAL INTELLIGENCE IN THE ADMINISTRATION OF JUSTICE: PROSPECTS AND CHALLENGES

2025-01-23T07:09:51+00:00

Due to the fact that judicial activity as a type of state activity will continue to be subject to digital transformation in one way or another, it is necessary to reflect on what should be the expansion of the use of artificial intelligence in the administration of justice. Currently, Kazakhstan lacks any systematic regulation of the application of artificial intelligence not only in justice, but also in other spheres of life. While artificial intelligence with all its positive possibilities of data systematisation, generalisation, unlimited possibilities of storage and operational search cannot be attributed completely to a safe programme. Artificial intelligence carries certain threats of negative impact on human security and fundamental rights. The technical capabilities of artificial intelligence should not reduce the quality of judicial decisions. Consequently, at present there is an urgent need to study the trends in the development of the judicial system in terms of legal regulation of the use of artificial intelligence in justice, identifying possible problems of its implementation, potential threats and risks in terms of achieving uniformity of law enforcement judicial practice. On the basis of scientific theoretical and legal approaches to the development of digital transformation of the judicial system, identification of risks and problems of the use of artificial intelligence in justice, this article proposes priority measures for the formation of normative and legal regulation of the use of artificial intelligence for the protection of the rights and freedoms of citizens and legal entities by the court: limitation of the scope of application of artificial intelligence in justice for its adjudication; introduction of mandatory certification of artificial intelligence in order to ensure the security of personal data of participants in the judicial process, transparency of its action, correction in case of failure, as well as the responsibility of the developer of artificial intelligence for programming the intelligence for a certain malicious result, prohibition of shifting the responsibility for adjudication to artificial intelligence.

TO ISSUE OF ANALYSIS OF PRINCIPLES OF LEGALITY AND FAIRNESS IN THE SYSTEM OF ADMINISTRATIVE JUDICIAL PROCEEDINGS OF THE REPUBLIC OF KAZAKHSTAN

2025-01-23T07:04:40+00:00

The article examines in detail the importance and role of legal principles in administrative justice in the Republic of Kazakhstan. Exploring the models of transition of the countries of the former USSR to the administrative justice system and the specifics of its implementation in Kazakhstan, the authors focus on the legal consolidation of the principles of legality and justice in the Administrative Procedural Code of the Republic of Kazakhstan. A systematic analysis of the need to apply the principle of justice along with the principle of legality formed the methodological basis of the article. The article examines the works of Kazakhstani and foreign scientists in the field of application of the norms and principles of the law in administrative proceedings. In addition, the article discusses some aspects of improving the administrative justice system in terms of legislative regulation of the application of legal principles.

Special attention is paid to the analysis of practical aspects of the implementation of the principles of legality and justice in judicial practice, in particular administrative proceedings, which allows a deeper understanding of the mechanisms of their application in the context of the modern legal system of Kazakhstan. The problems faced by judges and participants in administrative proceedings in the interpretation and application of these principles, as well as possible ways to improve judicial practice, are also considered.

The scientific novelty lies in the study of important subordinate guiding principles, the influence of which is decisive for the principles of administrative procedures, and therefore the entire system of public administration. In particular, attention is focused on the interaction of the principles of legality and fairness with other key principles of administrative proceedings. This comprehensive approach allows us to identify new prospects for improving the theoretical and practical aspects of the development of administrative justice in the Republic of Kazakhstan.

ACTIVITY OF A LAWYER-DEFENDER IN THE PRE-TRIAL STAGES OF THE CRIMINAL PROCEDURE AND BORDERS HER IMMUNITY

2025-01-05T11:54:57+00:00

. A balanced balance between public and private interests helps to build a reasonable model of criminal proceedings. It is based on the principle of favor defensionis, which presupposes the obvious advantages and privileges of a defense attorney. The CPC of the Republic of Kazakhstan provides for a system of such guarantees both in the evidentiary process and in the field of procedural coercion. In this regard, the questions are: about the limits of non-interference of criminal prosecution authorities in the activities of a defense lawyer, does it all fall under the widely interpreted concept of attorney-client privilege? The issues are considered through the prism of one of the most effective ways of collecting evidence – secret investigative actions against a defense lawyer in the context of Part 8 of Article 232 of the Criminal Procedure Code of the Republic of Kazakhstan. Meanwhile, the legislator allowed the unjustified transfer of guarantees of the inviolability of a defense lawyer from the sphere of procedural coercion to the field of criminal procedural evidence. According to the Criminal Procedure Code of the Republic of Kazakhstan, no participant in the process has such guarantees of inviolability (similar to consular), even those endowed with constitutional privileges from criminal prosecution. The authors have formulated well-founded recommendations on preserving and strengthening criminal procedural guarantees at the risk of disclosure of attorney-client privilege. It is necessary to legislatively allow secret investigative actions against a defense lawyer in exceptional cases, only when preparing and committing a criminal offense. At the same time, the criminal prosecution authorities are required to substantiate before the investigating judge the grounds for conducting a secret investigative action against a lawyer with sufficient, reliable and acceptable evidence about his criminal activities. It is advisable to narrow down the material and legal grounds for conducting secret investigative actions against a lawyer to the provisions of paragraph 1) of Part 4 of Article 232 of the Criminal Procedure Code of the Republic of Kazakhstan in cases of crimes sanctioned by imprisonment for more than one year. A prerequisite for authorizing any investigative action against a defense attorney is the exclusion or minimization of disclosure of the circumstances of attorney-client privilege.

COMPARATIVE ANALYSIS OF THE LEGISLATIVE EXPERIENCE OF THE REPUBLIC OF KAZAKHSTAN AND FOREIGN COUNTRIES IN THE FIELD OF CRIMINAL LAW PROTECTION OF INFORMATION SECURITY

2024-09-19T12:51:31+00:00

The study of the topic of criminal law protection of information security is aimed at considering some aspects of the development and improvement of national criminal legislation in the light of the emergence of new technologies, the introduction of digitalization achievements in various spheres of public life, including in the field of public services. Ensuring information security as an integral component of the national security of the country includes not only legislative, but also law enforcement activities on the part of state bodies. The paper describes the normative legal acts on the studied research topic, as well as the mechanisms for their implementation. The essence of the content of the concept of "information" as an object of information security is considered, based on the ideas of domestic as well as foreign researchers in this field. The authors of the article support the need for compliance of the adopted legislative acts in the studied sphere of public relations with the rights and legitimate interests of citizens established in the Constitution of Kazakhstan. In this regard, it is important to consider international documents in terms of establishing their basic terminology and mechanisms for protecting information security. The experience of the CIS member states or those with common historical experience in the development of legislation with Kazakhstan is particularly indicative. In this regard, it is possible to distinguish the approaches of countries on the criminal law protection of information security in terms of allocating the relevant provisions of legislation into a separate chapter or section or regulating the issue under study based on the provisions of various chapters, depending on the qualification of the offense. The legislation of various states uses terminology ("Cybercrime", "Crimes against information security", etc.) in determining responsibility for violating the provisions regarding the topic of study. The paper provides statistical material indicating the need to carry out activities to ensure that the current information security protection mechanism complies with technologies that allow it to be violated.

INTERNATIONAL ASPECTS OF FIGHTING CRIME IN THE CONTEXT OF GLOBALIZATION OF THE INFORMATION SOCIETY

2024-10-07T12:39:31+00:00

In this article, the authors reviewed international experience in security in the digital space, which requires great attention and analysis, as the level of information security threats increases. The authors emphasize that the rapid development of technology and the spread of digital services have created both new opportunities for social and economic progress and serious threats, including cybercrime at the international level. The article examines various aspects of globalization, such as the integration of international markets, cross-border interaction, and information exchange, which significantly complicate the processes of combating crime. Special attention is given to the study of transnational criminal networks that actively exploit the advantages of information technologies to carry out their illegal activities on a global scale, necessitating radically new approaches to international cooperation and coordination of efforts in addressing such threats. The authors propose detailed strategies for countering crimes associated with the use of globalization technologies, including improving cybersecurity legislation, developing educational initiatives aimed at increasing the legal literacy of the population, and implementing innovative law enforcement methods. The article also analyzes the measures being taken in the Republic of Kazakhstan to combat these threats, emphasizing the importance of international cooperation and the exchange of best practices in this field. In conclusion, the authors draw conclusions about the need to adapt national strategies to the new realities of a globalized world, which involves creating integrated mechanisms for preventing crimes in the digital environment, strengthening international law and order, and developing global standards to counter cybercrime. This article makes a significant contribution to the discussion on the legal aspects of combating crime in the context of globalization and the information society, offering a comprehensive approach to addressing these complex challenges.

ABOUT THE IDENTIFICATION OF A CITIZEN WITH BIOGRAPHICAL AMNESIA

2024-06-13T12:37:13+00:00

The subject of this paper is the main problems arising in the identification of citizens with biographic amnesia. The aim is to determine the effectiveness of the existing methods of identification of persons and to find ways of their possible improvement. The general characteristics of the dissociative disorder in question have been outlined in the present work. The other characteristics of the disease are the subject of psychology and are recognized by the author as irrelevant to the pre-trial investigation. The author analyzed investigative actions that can help in establishing the identity of a citizen suffering from retrograde amnesia and considered situations that can complicate this process. The results of the present work are applicable in operative-search activity and in the activity of searching for the defendant, as well as in the activity of searching for missing persons. Conclusions: with the development of technology in the modern world, the quality of search and identification of missing persons has increased significantly. Nowadays, we can assess how effective the measures used in the course of operative-search activities can be when searching for missing persons. In particular, the search procedure for citizens suffering from biographical amnesia does not really different from the general search procedure. However, it requires the mandatory involvement of an expert in the field of clinical psychology or psychiatry in the pre-trial investigation. In addition, law enforcement agencies may conduct fewer investigative activities than usual.

CRIMINAL LIABILITY FOR THE ILLEGAL USE OF TRADEMARKS: REGULATION AND LAW ENFORCEMENT PRACTICE

2025-01-23T07:15:22+00:00

The authors of the article consider the legal aspects of criminal liability for the illegal use of trademarks in the Republic of Kazakhstan, emphasizing the importance of their protection for the stable development of the economy and ensuring fair competition.

The introduction of criminal liability and sanctions for trademark violations serves as an important tool for the protection of intellectual property, reducing the risk of financial losses to copyright holders and preventing the spread of counterfeit products. The authors provide historical and legal data, revealing the evolution of trademark legislation in Kazakhstan and abroad, starting with the first legislative acts in France and the United Kingdom and ending with modern standards.

Special attention is paid to article 222 of the Criminal Code of the Republic of Kazakhstan, which establishes liability measures for the illegal use of a trademark. The study shows that law enforcement practice faces a number of difficulties, such as the rarity of cases involving trademark violations and difficulties in determining the economic damage caused by violators. Two approaches to calculating major damage are presented: for the loss of the copyright holder and for the cost of royalties, which emphasizes the need for an integrated approach to improve the effectiveness of intellectual property rights protection.

Examples of court cases and statistical data demonstrate the importance of stricter criminal measures that contribute to the protection of trademark rights and provide a competitive advantage for legitimate owners.

The authors conclude that it is important to clarify the criteria for determining damage, which can increase the legal certainty and effectiveness of protecting the rights of trademark owners in Kazakhstan.

ON CLARIFYING SOME CONCEPTUAL TERMS OF THE CURRENT LEGISLATION

2024-11-15T12:28:44+00:00

There are many errors in the text of the current legislation in the Kazakh language. Their range and quantity are very wide, but only two examples have been selected as samples. Studying these errors from this point of view allows us to identify several reasons for their assumption. Firstly, it is the dynamics of the lexical fund, which began to form in the 90s of the last century due to its translational nature, the subjective role of translation specialists, objective changes in the globalization nature and the latest information technology processes, etc. Secondly, the gross violation by the state bodies-developers of the requirements of the current legislation on the development of draft laws. As a third reason, we can cite the practice of translation by government agencies-developers of draft texts of draft laws through computer programs. In such conditions, and the widespread attempt to «accelerate» the examination by government agencies-developers of draft laws through the irrelevant labels «VERY URGENT!» (ВЕСЬМА СРОЧНО!) or «URGENT!» (СРОЧНО!) in cover letters and the policy of maximum involvement of administrative resources, no one can guarantee that such «translations» as «махаббатзат немесе аналармен, қоса алғанда», «болсал импорттаушы», «ұсынбасаются», «өтінішпенется» etc., encountered recently in draft laws will not get into the current legislation.

The purpose of this article is to put on the agenda of the legislative process and legal and linguistic monitoring the issue of clarifying erroneous conceptual terms and concepts widely used in the fields of economics, finance and law.