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

LEGAL CONSCIOUSNESS IN MODERN SOCIETY

2025-06-16T03:22:34+00:00

This scientific article studies and analyzes legal consciousness in modern society. The presented scientific article is written on the basis of search work on collecting, analyzing and systematizing materials from various sources, the content of which covers the issues of disclosure and formation of legal consciousness of modern society. The purpose of the scientific article is to carry out work based on system analysis and study of the phenomenon of legal consciousness as a form of public consciousness. In the process of writing the scientific article, a set of general theoretical methods of scientific analysis was used: specification, formalization, generalization, synthesis, abstraction, analysis. The scientific article reveals the structure of legal consciousness, describes its components and functions based on the presented scientific approaches of various authors, whose research makes it possible to determine the nature and essence of legal consciousness. For a more complete study of legal policy in general and legal consciousness in particular, the results of studies of international independent organizations were used. Special attention in the scientific article is paid to covering foreign positive experience in relation to the development of the legal education system and raising the level of legal consciousness of the population. The results obtained in this scientific article are determined by the presented conclusions and inferences, which made it possible to provide some recommendations and provisions in the field of development of legal consciousness of citizens of our state. All the presented materials and provisions of the scientific article can be used in the course of development of various programs and concepts in the field of implementation of legal reforms. At the end of the scientific article, the conclusion is voiced that legal consciousness is an integral system of ideas and views of the individual in relation to the legal system based on their evaluative judgments and ideas and law.

POTENTIALS AND RISKS OF USING ARTIFICIAL INTELLIGENCE AND DIGITAL CORPORA IN THE EXPERT ANALYSIS AND TRANSLATION OF LEGAL TEXTS

2026-02-26T05:58:36+00:00

The growing volume of normative legal acts, the parallel functioning of lawmaking in the state and Russian languages, as well as the transition of government bodies to automated systems based on artificial intelligence, necessitate a revision of approaches and methods used in linguistic expertise of documents. Under these conditions, artificial intelligence and rapidly developing databases are becoming integrated tools for translating and comparing texts.

Legal acts and related documents with legal significance must ensure the accuracy and semantic integrity of legal discourse. However, in practice, there are cases when translations of certain terms and expressions generated through artificial intelligence or corpus data do not align with the structural norms of the Kazakh language, creating unfamiliar constructions that subsequently circulate as legally binding documents.

This article examines the potentials and risks of applying artificial intelligence in the translation and expert assessment of legal documents in the Republic of Kazakhstan. It analyzes common errors occurring during the translation of legislative acts from Russian into Kazakh and offers appropriate alternatives for rendering individual words and phrases.

EVOLUTION OF INSURANCE LEGISLATION AND DIGITAL TRANSFORMATION IN THE REPUBLIC OF KAZAKHSTAN

2026-01-29T08:28:26+00:00

This article provides a comprehensive analysis of the evolution of insurance legislation in the Republic of Kazakhstan and the processes of digital transformation in the insurance sector. The aim of the research is to identify the stages of development of the legal regulation system of insurance activities in Kazakhstan from the moment of gaining independence to the present day, to reveal the content of the main legislative reforms, and to assess the impact of digitalization on the efficiency, transparency, and accessibility of the insurance market.

The subject of the research is the system of regulatory legal acts governing insurance activities in the Republic of Kazakhstan, legislative changes aimed at digitalizing the insurance market, as well as legal relations between insurance organizations, government bodies, and consumers of insurance services.

Both general scientific and special legal methods were used in the course of the study. In particular, the historical-legal method, formal-legal method, comparative legal analysis, systemic approach, logical analysis, and methods of synthesis were widely applied.

As a result of the study, it was found that Kazakhstan's insurance legislation has evolved from a fragmented system in the initial stages to a modern, multi-level, digitalized, and consumer-oriented regulatory framework. It has been substantiated that digital transformation has contributed to improving the quality of insurance services, the development of online insurance, electronic contracts, pre-trial dispute resolution, and the enhanced effectiveness of the insurance ombudsman institution. The scientific conclusions obtained have practical value for the further improvement of insurance legislation, the development of legal practice, and the adaptation of the insurance market to the digital environment. Moreover, these findings can be applied in the educational process, including in insurance law courses, research activities, and legislative drafting practice.

FUTURE RESEARCH DIRECTIONS IN HALAL TRADE REGULATIONS: WTO LAW AND POLICY CHALLENGES

2025-12-24T05:15:32+00:00

This paper investigates the legal and policy aspects together with technological aspects of halal trade regulations through the lens of World Trade Organization (WTO) legal framework. The research aims to determine how halal requirements affect international trade rules and to evaluate policy challenges and new digital trade practices.

The research uses doctrinal legal analysis of WTO agreements (TBT, SPS, GATT/GATS) alongside comparative analysis of international regulatory frameworks (Codex Alimentarius, OIC, and accreditation forums) and evaluation of relevant WTO case law and committee discussions.

The results show that TBT agreement serves as the main framework for halal regulations to interact with WTO law while policy challenges emerge from unharmonized standards and certifications.

The article proposes future research directions which include defining WTO doctrinal interpretations for halal regulations and improving international policy harmonization and digital trade solutions for regulatory efficiency. The paper stresses the requirement for regulatory systems that maintain religious authenticity while preventing unnecessary restrictions on international trade movements.

ON DEVELOPMENT OF CORPORATE LAW IN THE RUSSIAN FEDERATION AND THE REPUBLIC OF KAZAKHSTAN RATHER-LEGAL ANALYSIS

2025-06-17T09:28:42+00:00

This article considers the development of the contemporary laws of the Republic of Kazakhstan and the Russian Federation on commercial legal entities that provide for participation(membership) therein. The development of corporate law in these countries occurs based on their own experience, research and works of the pre-revolutionary and Soviet periods, under the influence of the Romano-German and Anglo-Saxon legal families. A comparative analysis of the laws of these states in the same periods from the end of the 80-s of the twentieth century to the present has been carried out. The article examines stages of improvement of the Russian Federation’s corporate law mentioned in Russian lawyers’ works, there was also made an attempt to periodize the development of corporate law in the Republic of Kazakhstan. The article deals with the most significant changes in the legislation of both countries on commercial legal entities based on membership (participation).The article explores the issues of reforming civil corporate legislation in the Russian Federation, implemented in the Concept for Development of Corporate Law until 2008 and the Concept for the Development of Civil Law prepared in pursuance of Decree of the President of the Russian Federation dated July 18, 2008 No. 1108 ‘On improving the Civil Code of the Russian Federation’. Considering the existing prerequisites for the convergence of corporate laws of these countries in connection with their participation in the Commonwealth of Independent States, the Eurasian Economic Union and availability of agreements on the harmonization of legislations, the article suggests to assimilate some legal structures into the laws of the Republic of Kazakhstan from the law of the Russian Federation, which, in the author’s opinion, are the most acceptable. The study also contains other proposals for further improvement of corporate law of the Republic of Kazakhstan.

ANALYSIS OF FOREIGN TRENDS IN THE FIELD OF PERSONAL DATA PROTECTION

2026-01-26T04:45:43+00:00

This article analyzes contemporary international trends in personal data protection using the examples of South Korea, Japan, Singapore, and Canada. The study examines legal approaches to personal data processing and the development of requirements for ensuring transparency in digital processes. In particular, it analyzes South Korea’s PIPA, Singapore’s PDPA, Japan’s APPI, and Canada’s PIPEDA. Based on this analysis, the article identifies the key areas that independent, specialized public authorities and organizations with broad powers in these countries focus on. Furthermore, the legislative analysis highlights modern trends in personal data protection.

Currently, there is no perfect system for data protection. International experience demonstrates that personal data protection legislation is continuously evolving and inherently dynamic. Legal norms must be regularly updated to respond to technological changes and emerging cyber threats, ensuring effective protection of data subjects’ rights.

The study’s results indicate that an active and systematic policy in personal data protection extends beyond mere confidentiality. It also contributes to increasing users’ trust in digital platforms, ensuring the stability of information systems, and supporting the efficient operation of digital infrastructure amid technological changes.

The author emphasizes that ensuring adequate personal data protection should be a priority for regulatory authorities and other relevant stakeholders. Consistent adherence to international and national standards enables the creation of a secure, stable, and continuously evolving digital ecosystem.

A LEGAL ANALYSIS OF THE LEGISLATION OF THE REPUBLIC OF KAZAKHSTAN ON REASONABLE ACCOMMODATION IN INCLUSIVE EDUCATION

2025-06-20T12:05:32+00:00

The article provides a comprehensive theoretical and legal analysis of the concept of reasonable accommodation as a key mechanism for realizing the right to inclusive education in the Republic of Kazakhstan (RK). It examines the international legal foundations and the current national legal framework concerning the education of persons with disabilities. Although Kazakhstan has ratified the United Nations Convention (UN) on the Rights of Persons with Disabilities, existing legislation does not fully regulate the provision of reasonable accommodation in education. Elements of the medical model of disability persist in legal and institutional practices, hindering the implementation of a genuinely inclusive approach. The article distinguishes between «accessibility», which refers to general measures for creating inclusive environments, and «reasonable accommodation», which involves tailored adjustments to meet individual needs. Particular attention is paid to the concept of «undue burden», which remains ambiguously defined and is often used as a justification to deny accommodations. The author argues that the absence of a clearly defined legal right to reasonable accommodation, alongside the lack of effective implementation mechanisms, severely restricts equal access to education for learners with disabilities. Additionally, there is a noted lack of institutional accountability and effective monitoring systems. The article concludes by advocating for the development of a detailed legal framework with clear definitions, implementation procedures, and oversight mechanisms to bring Kazakhstan’s education system in line with international standards of inclusion and human rights.

ETHICAL AND MORAL ASPECTS OF THE FIGHT AGAINST VIOLENCE

2025-06-18T11:43:35+00:00

The article comprehensively analyzes the social and moral aspects of domestic violence. Domestic violence is not only a violation of individual rights, but also a multifaceted phenomenon that poses a threat to moral norms and family values in society. The study comprehensively examines the types of violence (physical, psychological, economic and sexual), their impact on the structure of society and family, as well as its causes and consequences. The author notes that such factors as the weakening of moral values, gender inequality, role stereotypes in the family, the imperfection of the social support system and the weakness of legal mechanisms contribute to the escalation of domestic violence. In addition, the study analyzes the legislation on combating domestic violence in Kazakhstan, its effectiveness, the interaction of social services and law enforcement agencies. The work shows that moral and spiritual education, humane principles play a special role in the prevention of domestic violence. Promoting mutual understanding and respect in the family, the principles of equality and justice in society are considered an important way to reduce violence. The results of the study prove the need for society to pay attention to this problem and use comprehensive approaches to prevent it. The study presents the effectiveness of legislative and institutional measures aimed at combating domestic violence in the Republic of Kazakhstan, as well as ways to improve them. The author emphasizes the need for joint actions on this issue by representatives of the state and civil society, the media, educational organizations and religious figures. The results of the work prove the importance of forming social and moral strategies aimed at preventing domestic violence.

THE ROLE OF DIGITAL PLATFORMS AS A NEW FACTOR IN THE DEVELOPMENT OF THE MODERN LABOR MARKET

2025-12-08T12:27:00+00:00

This article examines the role of digital platforms as a new factor influencing the development of the modern labor market. The author provides a comprehensive analysis of the key characteristics of platform-based employment, its socio-economic and legal implications and explores the transformation of traditional labor relations under conditions of digitalization. Particular attention is devoted to the analysis of precarization, structural changes in employment, and the need for effective legal mechanisms to regulate these processes. The scientific novelty of the study lies in the integrated consideration of digital platforms not only as technological tools but also as structural elements of the modern labor market that foster the emergence of new forms of employment and the transformation of socio-labor relations. The practical significance of the research is determined by the potential application of its results in the development of a regulatory framework aimed at ensuring a balance if interests among the state, the business sector, and employees within the digital economy. Thus, digital platforms act as an essential factor in the transformation of the contemporary labor market. Modern digital platforms are becoming a key determinant shaping the development of labor markets. Current changes in the labor market are of a long-term and global nature, necessitating the creation of new legal, managerial, social, and economic solutions. Moreover, in the new socio-economic environment, the formation of institutions and mechanisms capable of reconciling and accounting for the interests of all parties in labor relations acquires particular importance.

LEGAL ASPECTS OF REGULATION OF MEDICAL WASTE TREATMENT AND DISPOSAL IN THE REPUBLIC OF KAZAKHSTAN: PROBLEMS AND DIRECTIONS OF IMPROVEMENT

2025-12-22T05:30:24+00:00

This article is devoted to the analysis of the legal regulation of the treatment and disposal of medical waste in the Republic of Kazakhstan. The research covers issues of regulatory support, the distribution of competencies of government agencies, international experience and law enforcement practice in the field of medical waste management. Special attention is paid to the analysis of judicial and administrative cases related to violations of environmental and sanitary requirements, which makes it possible to assess the effectiveness of existing legal mechanisms.

The study of international experience in legal regulation of the disposal of medical waste in countries such as Germany, Japan and the Republic of Korea showed that the most effective are integrated management models, which are concentrated in a single Control Center and use modern digital systems for monitoring medical waste. In the course of the conducted research, it was possible to identify a number of problems hindering the effective development of the medical waste management system in the Republic of Kazakhstan.

The scientific novelty of the research lies in the formulation of author's proposals to improve the legal regulation of medical waste management, including the development of a single interdepartmental bylaw, the regulatory consolidation of a centralized digital accounting and monitoring system, as well as clarifying the competencies of authorized government agencies.

The practical significance of the work consists in the development of specific legal recommendations aimed at improving the effectiveness of the national system of state control, ensuring sanitary, epidemiological and environmental safety and improving the legislation of the Republic of Kazakhstan in the field of medical waste management and disposal.

THE CONCEPT OF WILDLIFE AND ITS FEATURES ACCORDING TO THE LEGISLATION OF THE REPUBLIC OF KAZAKHSTAN

2025-05-20T05:35:26+00:00

This article discusses the concept of wildlife and its features in the legislation of the Republic of Kazakhstan. Today, wildlife is an integral part of the natural environment. The animal world brings great benefits through a source of human well-being, the primary source of production and the satisfaction of various needs of society.

The animal world is one of the renewable natural resources that can be constantly restored in the process of their use in certain natural conditions. Fishing, hunting and other important sectors of the country's economy are based on their use. Currently, the issue of protecting the animal world attracts the attention of legal scholars and ecologists. Great importance is attached to this, since in recent years some species of animals in our country have completely decreased. Currently, environmental pollution, poaching, increased human economic activity, etc. have become a real fact of harm to the animal world.

From a legal point of view, wildlife can also be considered as an element of the environment, a natural object, a natural resource, an object of Use and protection, an object of state property, the subject of Science, an object of nature protection and an object of legal relations. In such cases, a detailed study of the concept of Wildlife, its features are necessary for the formation of a theoretical basis for the further development of relations for the protection of wildlife. This article discusses the concept of wildlife and its features in the legislation of the Republic of Kazakhstan using scientific methods of universal and comparative legal analysis. In conclusion, of this article, the authors define the concept of wildlife, the features of wildlife.

LEGAL SUPPORT FOR THE RATIONAL USE OF RECLAMATED LANDS

2025-06-16T05:57:54+00:00

The article discusses the legal problems of rational use of reclaimed lands. Land reclamation is an important tool for increasing agricultural productivity and maintaining ecological balance. The purpose of the study is to analyze the current state of legal support for the rational use of reclaimed lands, identify its main problems and develop proposals for improving legislation in this area. The article discusses the current problems of rational use of lands, waters, vegetation in agriculture, conservation of land resources, as well as modern problems of agricultural land, government programs, with justification of the financing mechanism of the land industry. The study provided conclusions and recommendations on the legal definition of land reclamation, the effective use of land resources, the prevention of degradation of agricultural land, the improvement of legal acts related to the land industry, the adoption of special laws with research on the legal regulation of the use of reclaimed land. The methodological basis of the article consists of general scientific and special scientific methods of cognition. When writing a scientific article, the methods of legal analysis, historical analysis, synthesis, induction, etc. were widely used. The proposals received as a result of the study are important in the field of land relations, efficient use of land, and degradation of agricultural land. At the same time, amendments to land legislation and legal acts in the field of land relations or the adoption of special laws are proposed.

PROBLEMS OF THE INSTITUTION OF PROPERTY IN THE FORMATION AND DEVELOPMENT OF LAND LEGISLATION OF THE REPUBLIC OF KAZAKHSTAN

2025-06-23T08:46:14+00:00

The proposed scientific article is devoted to the legal analysis of issues related to the institution of property in the context of the formation and development of land legislation in the Republic of Kazakhstan from a historical and legal perspective. The article examines the historical, legal, and economic aspects of land relations regulation, identifying key issues associated with legal contradictions, gaps in the regulatory framework, inconsistency of legislative acts, and complexities in interagency cooperation. The study determines the evolution of the institution of property in the process of the formation and development of Kazakhstan’s land legislation and establishes its impact on the economic well-being of society.

The aim of the study is to conduct a comprehensive analysis of the issues related to the institution of property in the process of forming and developing land legislation in the Republic of Kazakhstan. The article seeks to explore the historical evolution of legal norms governing land relations, identify key legal and institutional challenges, and determine the prospects for further improvement of legislation in this area. The methodological framework of the research includes comparative analysis, a systematic approach, and legal modeling, which allow for a comprehensive assessment of existing issues and the proposal of solutions.

The authors have scientifically substantiated the historical stages of the development of the institution of land ownership. The main ideas presented in the article may serve as a foundation for future research in the field of legal regulation of land relations. Furthermore, the importance of ensuring a balance of interests between the state, businesses, and citizens is emphasized, as this will enable the creation of a legal mechanism that contributes to economic growth, social justice, and the sustainable development of the agricultural sector.

HISTORICAL AND LEGAL ANALYSIS OF THE EVOLUTION OF THE RIGHT TO EDUCATION FOR CHILDREN WITH DISABILITIES IN KAZAKHSTAN

2025-12-22T06:49:03+00:00

The authors of the article discuss the right of children with moderate to severe health problems to education in the field of inclusive education on a global basis and inclusion in the Republic of Kazakhstan, and the available measures and shortcomings of the work being done in the field of law. Inclusive education is a new direction for the Republic of Kazakhstan, therefore, the author tried to see the results achieved in the field of law by ratifying internationally adopted legal documents and including them among national documents, and taking the Constitution of the Republic of Kazakhstan as a basis for amendments to the Laws on the protection and education of children with health limitations. The authors considered the historical processes of the right to education of children with disabilities in Kazakhstan. It is showed that since Kazakhstan joined Russia, children with special needs have been included in legal acts, and the first special schools and boarding schools for children with disabilities were opened. During the years of independence, the legal nature of state-level support measures designed for special needs children was considered as a social state. The article also notes that in terms of material aspects of measures to ensure the right to education in the field of inclusion, namely, in educational institutions, there are no sanitary facilities for children with disabilities, no conditions for moving from one floor to another, no equipment for children with special needs in computer classes, and no teaching aids and learning materials for children with special needs during classes. In an artificial intelligence society, the urgent issues of working with digital technology for children with special needs and the need to create a country-level environment without limiting them are addressed.

THE MEANING AND LEGAL CHARACTERISTICS OF THE LEGAL POSITIONS OF THE SUPREME COURT OF THE REPUBLIC OF KAZAKHSTAN

2025-11-26T09:05:08+00:00

This article provides a comprehensive examination of the essence, legal nature, mechanisms of formation, and the role of the legal positions of the Supreme Court of the Republic of Kazakhstan within the legal system. The legal positions of the Supreme Court are characterized as a significant legal phenomenon that ensures the uniformity of judicial practice through the application and interpretation of legal norms. The author highlights the main features of legal positions: normative foundation, binding force, universal applicability, stability, and their supplementary nature to normative acts. The study employs legal, theoretical-legal, and comparative methods, analyzing the practices of the courts of Kazakhstan and the Russian Federation in a comparative context. The classification and types of legal positions are discussed, along with their manifestations in judicial decisions, normative resolutions, information letters, and judges’ dissenting opinions. The article also explores the role of legal positions in doctrinal, law-making, and law enforcement spheres. Emphasis is placed on the importance of legal positions not only as tools of law enforcement but also as mechanisms for systematizing legal ideas and improving legislation. The author analyzes the logical, linguistic, and philosophical aspects of legal positions, substantiating their impact on legal decision-making. It is emphasized that the systematization and development of the Supreme Court’s legal positions make a significant contribution to improving the quality of judicial practice and strengthening the rule of law. The article is highly relevant for both academic research and legal practice. Therefore, the materials presented offer valuable insights for understanding the internal logic of the national legal system, ensuring legal justice, enhancing judicial practice, and contributing to the development of legal theory.

Keywords: Supreme Court of the Republic of Kazakhstan; legal position; judicial practice; normative resolution; law enforcement (legal application); legal system; administration of justice; legal stability; comparative law; doctrinal positions; philosophy of law; interpretation of legislation; judge’s dissenting opinion; legal regulation; court decisions.

CERTAIN RESULTS OF A COMPARATIVE LEGAL STUDY OF THE DECISIONS OF THE COURT OF THE "ASTANA" INTERNATIONAL FINANCIAL CENTRE

2025-06-19T05:47:05+00:00

The Astana International Financial Centre was established in 2018 to attract international investors to the Republic of Kazakhstan and with ambitious goal of becoming a financial hub not only among CIS countries but for the entire Central Asian region. The creation of AIFC was inspired by the experience of Gulf countries, with the Dubai International Financial Centre serving as the main prototype, having established itself as an innovative and leading financial center in the Middle East. Significant financial investments were made to implement the financial center project, along with the involvement of leading experts and specialists from both DIFC and the neighboring Qatar Financial Centre. One of the key features of modern financial centers is the establishment of specialized commercial courts, operating on the basis of English common law and appoint judges from England and Wales. This provides international investors with guarantees that local legislation does not apply to their activities and ensures that all commercial disputes can be resolved in a court staffed with internationally reputable judges. However, the activities of AIFC Court have not received due attention from Kazakhstan's legal academic community. This is particularly important since the AIFC Court's decisions may set precedents for future disputes and thus become part of the AIFC’s legal framework. A key conclusion from the analysis of the AIFC Court's activities is that through its decisions, the Court has clearly defined its jurisdiction and has consistently ruled in favor of private companies in disputes with state authorities of the Republic of Kazakhstan.

THE INSTITUTION OF THE RIGHT OF ACTION IN ADMINISTRATIVE PROCEEDINGS OF THE REPUBLIC OF KAZAKHSTAN: THEORY AND DEVELOPMENT PROSPECTS

2026-03-19T12:31:47+00:00

The article provides a critical analysis of the institution of the right of action in administrative proceedings in the Republic of Kazakhstan. It examines both the prerequisites for the development of this mechanism in German law and issues related to its application within the framework of administrative proceedings in Kazakhstan.

The article analyzes the German concept of Klagebefugnis and its counterparts in other legal systems. Particular attention is paid to the mechanism of the subjective public right to bring a claim, its function as a filter for access to the courts, and its role in delineating subjective public rights.

This paper examines the institution of the right to bring a claim in administrative proceedings in the Republic of Kazakhstan, taking into account foreign experience and a comparative legal analysis of the generally accepted doctrine of administrative justice.

Using a comparative legal approach, the authors conclude that the Code of Administrative Procedure of the Republic of Kazakhstan already contains a normative framework that functionally reproduces the generally established subject-centered model of administrative justice. The problem lies not in legislative gaps but in the doctrinal interpretation of these provisions through the logic of civil procedure. Overcoming this existing conservatism and developing an independent administrative-procedural approach are identified as key tasks for Kazakhstani legal scholarship and judicial practice.

INDIRECT GENOCIDE AND THE NEED TO PREVENT IT WITHIN THE FRAMEWORK OF THE SPECIAL UN CONVENTION

2026-01-15T05:59:12+00:00

It is common knowledge that genocide is a criminal act committed against a group on racial, national, ethnic or religious grounds with the aim of their collective destruction. In this regard, the relevance of the problem under study is due to the need to analyze new forms of genocide that are not directly provided for in the normative content of the special UN Convention of 1948 and the insufficient development of theoretical and legal aspects of the commission of Indirect Genocide in international practice. The purpose of the study is to form and present a fairly complete and generalized situation related to legally unregulated ways of committing Indirect Genocide as deliberate inaction on any demographic groups by changing natural conditions, cultural and historical environment, as well as biological and economic factors of intervention. The leading methods of studying the problem under consideration are analysis, modeling and concretization, which make it possible to qualify Indirect Genocide as an action preceding the commission of direct Genocide. One of the main results of the study is the provision according to which the current UN Convention of 1948 should be interpreted not so much in the framework of the criminal legal assessment of indirect forms of Genocide, but in the general context of the obligations of states parties. The practical significance of the article is that it does not focus on the need to adapt the norms of the Convention to modern conditions and practices of Genocide and is focused on the development of new scientific, methodological and legal support for the safety of protected demographic groups.

COMPARATIVE ANALYSIS OF THE EFFECTIVENESS OF IMPRISONMENT AND ALTERNATIVE PUNISHMENTS: THE EXPERIENCE OF FOREIGN COUNTRIES AND THE REPUBLIC OF KAZAKHSTAN

2025-12-08T12:39:42+00:00

The article examines the effectiveness of alternative measures of influence on offenders in comparison with punitive types of criminal punishment, such as imprisonment. The study of the effectiveness of alternative measures represents a relevant task with both theoretical and practical significance. Modern society requires such criminal justice measures that not only reduce the level of crime, but also contribute to the rehabilitation of offenders, reduction of recidivism, and the reliable protection of citizens from criminal encroachments. The article explores alternative measures of influence on offenders and the ways they are implemented in European countries, the United States, and Kazakhstan. The purpose of this article is to analyze and compare the legislative acts of countries that apply alternative measures to offenders, and to assess their degree of effectiveness. Upon completion of the study, the authors concluded that it is important to consider the humanistic aspect when choosing the type of criminal punishment. Modern justice must take into account not only the interests of society, but also the rights of convicted individuals, who should be given the opportunity to be rehabilitated. This can only be achieved through the application of punishment proportionate to the committed crime. Countries that follow a humane approach to justice demonstrate better results in reducing crime and promoting law-abiding behavior. In this regard, alternative types of punishment are more effective in the correction of convicts and in preventing the commission of new crimes. The authors also propose measures to improve the outcomes and effectiveness of probation control in Kazakhstan.

ABOUT SOME ASPECTS OF INTERNATIONAL MEDIATION (INTERMEDIARY) AS AN INSTRUMENT FOR RESOLVING CONFLICTS AND DISPUTES

2025-11-11T11:24:28+00:00

In the modern world, international relations are becoming increasingly interconnected, encompassing political, economic, cultural, and humanitarian spheres, which leads to a growing demand for peaceful dispute resolution mechanisms. One of the fundamental principles of international public law is the peaceful settlement of disputes. This article explores the essence, legal nature, and role of the institution of international mediation in resolving international disputes. Mediation is a procedure that ensures parties reach a mutual agreement with the help of a neutral mediator, characterized by voluntariness, confidentiality, and procedural flexibility. Mediation is not formally regulated in international law but is based on the parties' mutual consent. The article analyzes international experience, including the place of mediation in Kazakhstan. Furthermore, the significance of the Singapore Convention and issues related to its implementation in Kazakhstan are discussed. In conclusion, the article highlights the role of mediation in international and national law, emphasizing its development and institutionalization as a mechanism that contributes to the effective and peaceful resolution of interstate disputes.

INTERNATIONAL LEGAL REGULATION OF THE USE OF THE LATEST TECHNOLOGIES IN MODERN ARMED CONFLICTS

2025-12-24T05:22:14+00:00

This study addresses one of the pressing challenges facing contemporary international humanitarian law in the context of rapid scientific and technological advancement –namely, the integration of cutting-edge technologies into the development and use of weaponry, as well as into methods of conducting armed conflicts. Scientific and technological progress significantly influences all spheres of public life, including the military industry, which actively adopts its achievements. The introduction of high-tech weapons with advanced capabilities into state arsenals poses considerable challenges for the legal regulation of armed conflicts under international law. Particularly relevant is the question of regulating new domains of warfare, such as cyberspace. Nonetheless, international humanitarian law retains effective mechanisms for influencing states that employ next-generation weapons. These mechanisms include both the codified principles of humanitarian law and customary international legal norms, which possess a universal character and can effectively regulate the law of armed conflict both now and in the future. To explore this topic, the study draws on international legal instruments that have formed the foundation of modern international humanitarian law as the law governing armed conflict. The aim of the research is to analyze the current situation concerning the use of advanced technologies in contemporary military conflicts and to assess the potential of international humanitarian law to regulate them. Special attention is given to the universal principles of warfare, which all states involved in armed confrontations are obliged to observe, primarily to ensure the protection of civilian populations and the preservation of civilian infrastructure.

THE INTERNATIONAL ETHICAL FRAMEWORK: HOW IS THE ORGANIZATIONAL CULTURE OF EMPLOYEES IN GLOBAL INSTITUTIONS BUILT

2025-12-03T08:05:26+00:00

The article is devoted to a comprehensivestudy of the formation of the organizationalculture of employeesininternationalandregionalorganizations.Thefocusis on the norms,principlesandstandardsenshrinedin the ethicalcodesandregulations of the United Nations, the EU, the OECD, the WorldBankandotherinternationalorganizations,includingtheprinciples of transparency,accountability,conflict of interestprevention,protection of whistleblowers,aswellastrendstowardsdigitalization of ethicalprocedures such asautomation of filingdeclarations,registration of externalactivitiesandcomplaints.Acomparativeanalysis of approachestoethicalregulationinvariousorganizations has been carried out, commonfeaturesandinstitutionaldifferences have been identified that determine the effectiveness of the implementation of ethicalstandards.Specialattention is paid to the relationshipbetweenethicalstandards,leadership, the professionaltrainingsystemand the sustainability of organizationalculture. It is provedthat a successfulethicalinfrastructure is basednotonlyonformallydefinednorms,butalsoondevelopedmechanisms for theirpracticalapplication,includingmandatorytraining,multi-level control, and independentchannelsforreportingviolations. Based ontheanalysis of internationalexperience, recommendations are proposedforKazakhstan: the integration of elements of the ethicalframework of globalinstitutionsintonationalpublicsectordevelopmentprograms; the introduction of an institute for mandatorylegalandethicalassessment of managementdecisions; the creation of an independentethicscouncilunder the Parliament of the Republicwithoversightpowers, the expansionofethicseducationmodulesand the introduction of digitalmonitoringtools.

MONITORING THE IMPLEMENTATION OF DIGITAL TECHNOLOGIES IN LAW ENFORCEMENT AND LAW-MAKING (MONITORING LEGISLATION)

2025-12-04T08:52:52+00:00

The article examines the theoretical and legal foundations as well as the practical aspects of monitoring the introduction of digital technologies into law-making and law enforcement activities in the Republic of Kazakhstan. The relevance of the topic is determined by the large-scale digital transformation of state institutions, which affects both the legislative process and judicial and administrative practice. The purpose of the study is to identify the specific features of the national model of digitalization and to define directions for improving legal monitoring. The methodological basis is formed by systemic and comparative-legal approaches, together with an analysis of national legislation, international indices, and foreign experience. The study found that the digitalization of Kazakhstan’s legal system is of a comprehensive nature: the development of electronic justice, the introduction of the «Judicial Office» platform, the digitalization of notarial and advocacy activities are accompanied by reforms of procedural legislation and the strengthening of guarantees for personal data protection. At the same time, key challenges have been identified, including digital inequality, data leakage risks, and regulatory uncertainty regarding the use of artificial intelligence. The scientific novelty of the article lies in its comprehensive consideration of legal monitoring as an instrument ensuring the adaptation of legislation to the challenges of the digital age. The practical significance of the research consists in developing recommendations for improving the national legal framework in accordance with international standards and best practices.

ON THE ISSUE OF THE RETROACTIVE EFFECT OF THE LAW ON THE RETURN OF ILLEGALLY ACQUIRED ASSETS TO THE STATE

2025-12-08T13:50:35+00:00

Currently, one of the urgent problems is the return of illegally acquired assets to the state. This problem is relevant due to the restoration of social justice. In most cases, the exported assets were acquired through illegal means and their return to the people and society is one of the priorities of the state. The returned assets can be used for the most important social purposes. At a time when the country is experiencing a shortage of budget funds, the returned assets are able to solve the most acute social problems.

The state is doing everything to recover assets. A special law on the return of illegally acquired assets to the State has been adopted and is in force. A specially created commission has been established and carries out its activities. However, there are problems of law enforcement. One of these problems is the retroactive effect of the law.

As a general rule, the law is not retroactive. In other words, this law does not apply to those relations that arose before the adoption of the new law. If we follow this logic, then it is necessary to release from liability all those who illegally acquired assets. However, a reasonable question arises here, but what about social justice.

This article examines the controversy over the retroactive application of the law. The paper provides a legal assessment of international principles, constitutional norms and norms of national legislation in the field of retroactive application of the law on the return of illegally acquired assets. All aspects of this issue have been weighed on the basis of all norms and principles. His scientific vision of solving this issue is presented.

THE LEGAL NATURE OF COMPLICITY IN A CRIME: HISTORICAL AND COMPARATIVE LEGAL ANALYSIS

2025-07-09T04:46:24+00:00

The institution of complicity plays a key role in criminal law as a mechanism for combating crimes committed by groups of individuals and organized crime. Most criminal codes of foreign countries do not provide a unified definition of complicity; however, its characteristics are revealed through the regulation of various forms and types of participation. The authors of the article compare the criminal legislation of several European countries, the United States, and Kazakhstan in terms of regulating crimes committed in complicity. The article analyzes differences and particularities in the classification of types of accomplices, forms of complicity, as well as the degree of danger posed by crimes committed by a group of individuals. The aim of this article is to compare and analyze the criminal legislative acts of the United States, Western European countries, and Kazakhstan regarding the regulation of complicity in the commission of criminal offenses. The scientific novelty of this research lies in identifying the specific features of the criminal legislation of European countries, the United States, and Kazakhstan in the methods of regulating complicity in criminal offenses. Upon completion of the study, the authors concluded that the issue of legal regulation of complicity in Western countries is associated with the lack of clear differentiation of the roles of accomplices. As a result, accomplices may, in some cases, receive penalties as severe as those imposed on the principal offender. This approach raises debates concerning the fairness and proportionality of punishment depending on the severity of the committed crime. The provisions of foreign criminal laws are compared with the corresponding norms of Kazakhstani legislation related to the institution of complicity. The study also notes that Kazakh criminal law was shaped under the influence of the Soviet legal system.

ON CORRUPTION OF SOME NORMS OF CRIMINAL LEGISLATION OF THE REPUBLIC OF KAZAKHSTAN

2025-12-08T13:42:59+00:00

The article addresses the problems of countering corruption in our country. Successful anti-corruption is hampered by the corruption of some criminal laws. The current Criminal Code of the Republic of Kazakhstan, adopted on July 3, 2014 (hereinafter referred to as the Criminal Code), contains corruption-related norms that contribute to the commission of corruption crimes in the process of their application. They are available both in the General part and in the Special part of the Criminal Code.

Corruption factors take place in the norms of the Criminal Code regulating institutions of exemption from criminal liability. They are associated with an excessively large number of types of exemption from criminal liability. The General Part of the Criminal Code provides for 9 types of exemption from criminal liability.

In addition to the above types of exemption from criminal liability provided for in the articles of the General Part of the Criminal Code, the notes to 43 articles of the Special Part of the Criminal Code provide for the so-called special types of exemption from criminal liability. They cover 104 corpus delicti, including 12 corpus delicti of minor gravity, 15 corpus delicti of moderate gravity, 37 corpus delicti, 27 corpus delicti of especially grave crimes.

An excessive number of norms of the Criminal Code on exemption from criminal liability leads to their frequent application, as a result, the principle of inevitability of responsibility and punishment and the principle of justice are often violated. The article proposes to reduce the number of these norms in order to reduce the corruption of the Criminal Code.

TRAFFICKING IN PERSONS IN KAZAKHSTAN: CONCEPT, PROBLEM, AND SOLUTIONS

2025-07-08T05:04:28+00:00

Human trafficking is one of the forms of modern slavery and a criminal phenomenon that affects many countries, including Kazakhstan. This crime not only violates fundamental human rights but also harms the social and economic development of the country. This article provides an analysis of the problem of human trafficking in the context of Kazakhstan and emphasizes the need for measures to combat this phenomenon. The study outlines the main forms of human trafficking: sexual exploitation, forced labor, involvement in armed conflicts, sham marriages, and organ trafficking. The key causes of the spread of this phenomenon are analyzed, including poverty, migration flows, lack of social protection, corruption, and the legal vulnerability of the population. Special attention is given to Kazakhstan’s role as a country of origin, transit, and destination for victims of human trafficking. The article highlights the legal framework for combating human trafficking, including the Criminal Code of the Republic of Kazakhstan, the Law «On Combating Human Trafficking», and the approved Rules for Redirecting Victims of Human Trafficking. Statistical data are presented, indicating the continuing level of crime in this area, along with examples of specific operations to rescue victims. A separate section is devoted to the contribution of non-governmental organizations, such as «Damyty» and «Sana Sezim», in providing assistance to victims and conducting awareness campaigns. The need for a comprehensive approach based on cooperation between the state, NGOs, and international structures is emphasized. In conclusion, the article provides recommendations for improving legislation, increasing the qualifications of law enforcement officers, developing mechanisms for assisting victims, and strengthening international cooperation. The author emphasizes that combating human trafficking is not limited to criminal prosecution but also involves the protection of human rights and dignity, which requires comprehensive and interagency solutions.

DIGITALIZATION OF LICENSING PROCEDURES IN THE MOTOR TRANSPORT SECTOR: LEGAL GUARANTEES FOR ANTI-CORRUPTION

2025-12-08T14:00:55+00:00

The article examines the legal and institutional aspects of digitalization of licensing procedures in the transport sector of the Republic of Kazakhstan through the prism of their anti-corruption potential. The author analyzes the current state of the regulatory framework governing digital licensing, identifies existing problems, including fragmentation of legislative norms, insufficient interdepartmental coordination and limited control mechanisms. Particular attention is paid to the role of e-government and information and communication technologies in minimizing corruption risks at the stages of filing, reviewing and issuing licenses. Based on the generalization of international experience (Estonia, South Korea, Georgia, etc.), directions for improving the digital licensing infrastructure are proposed, including the introduction of the "single window" principle, the development of open registries and the use of blockchain technologies. The article substantiates the need for institutional reforms accompanying digital innovations and emphasizes the importance of political will in ensuring genuine transparency and accountability in the management of the transport sector.

THE ROLE OF INTERNATIONAL ORGANIZATIONS IN THE PROTECTION OF BIG DATA

2026-01-15T06:23:06+00:00

This article examines the functions of organizations such as the United Nations, the European Union (EU), and the World Trade Organization in the protection of big data. It examines the UN’s multilateral participation in the formation of a global data protection system. The main focus is on the European Union’s legislation on big data protection – the GDPR. The article explores the challenges posed by digital technologies in ensuring and protecting citizen’s personal data. It concludes that the UN needs to adopt an international convention on human rights in the context of digitalization. The convention should include: guarantees of privacy and personal data protection; provisions on the transparency of big data and artificial intelligence; and mechanism for international oversight and complaint review. This scientific article was prepared as part of project AR23489796 “Problems of regulating the legal regime of big data: domestic and international experience”, funded by the Science Committee of the Ministry of Science and Higher Education of the Republic of Kazakhstan.

COMPARATIVE ANALYSIS OF FOREIGN PRACTICES IN THE LEGAL REGULATION OF DEEPFAKES: BALANCING INNOVATION, HUMAN RIGHTS PROTECTION, AND NATIONAL SECURITY

2026-01-15T05:35:06+00:00

This article provides a comparative analysis of international models of deepfakes regulation in the United States, the European Union, China, and the Republic of Korea, with the aim of identifying optimal approaches for developing effective legal regulation policies in Kazakhstan. Based on regulatory documents, doctrinal sources, and statistical data, the article examines the main threats associated with the dissemination of synthetic media content: interference in democratic processes, reputational risks, financial fraud, and violation of privacy and personal data. Particular attention is paid to the analysis of fragmented state-level solutions in the United States, the European model of preventive transparency (GDPR, AI Act, Digital Services Act), as well as Asian technological norms, particularly pronounced in China, and criminal law protections in the Republic of Korea. Based on a comparative analysis, key elements of effective regulation are identified, including mandatory labeling of synthetic content, technical and organizational requirements for AI developers, transparent moderation mechanisms, expanded rights for data subjects, and differentiated responsibilities for providers. Proposals are formulated for the development of Kazakhstani legislation, taking into account the adoption of the Law of the Republic of Kazakhstan "On Artificial Intelligence" (2025). Clarifying moderation mechanisms, enshrining special rights for data subjects, and specifying platform responsibilities will create conditions for aligning Kazakhstani regulation of synthetic media content with best international practices, thereby harmoniously combining innovation, human rights protection, and national security guarantees.

CONTEMPORARY CHALLENGES AND PREVENTIVE MECHANISMS FOR COUNTERING CYBERCRIME IN THE CONTEXT OF DIGITAL TRANSFORMATION

2025-12-08T12:48:47+00:00

The article is devoted to analyzing the current state and prospects of combating cybercrime, with a focus on crimes committed in hidden segments of the Internet (Darknet). The subject of the study is the organizational, legal, and technological aspects of combating high-tech crimes. The aim of the work is to develop a scientifically sound approach to the development of an offensive strategy for ensuring digital security. The study uses methods of system analysis, comparative law, criminological diagnostics, and content analysis of empirical data. Particular attention is paid to the analysis of the Darknet infrastructure, including the features of routing using TOR technology and methods of concealing digital traces. Modern technologies for de-anonymizing participants are considered, including the methods of “honeypot,” “moving target defense,” and “two-sided deception.” Examples of successful operations to suppress criminal activity on the Darknet are given, including the RapTor and Serengeti operations, with specific results and seized digital evidence.

The conclusions presented in the study emphasize the relevance of transforming the existing paradigm of combating cybercrime: from a predominantly reactive approach to a proactive prevention strategy. Such a strategy requires the comprehensive application of intelligent digital technologies, including machine learning algorithms, methods for processing and interpreting unstructured data arrays, and the improvement of operational and investigative mechanisms in the digital environment. The paper substantiates the need to modernize the system of professional training for cybersecurity specialists authorized to implement measures to detect, localize, and neutralize criminal activity in the information and telecommunications space. The scope of application of the scientific article's findings includes improving the regulatory framework, developing departmental methodological recommendations, and introducing technological solutions into the activities of cybersecurity entities. The authors have made a well-founded conclusion about the need for a systematic, interdisciplinary approach to ensuring digital security in the context of the rapid transformation of criminal practices in the field of information technology.

LEGAL REGULATION OF ELECTRONIC MONEY IN THE REPUBLIC OF KAZAKHSTAN: CHALLENGES, RISKS AND PROSPECTS IN THE CONTEXT OF DIGITALIZATION OF THE FINANCIAL SECTOR

2025-06-23T05:39:11+00:00

Consideration of the topic of legal support for the electronic money Institute is aimed at studying the content and application of the provisions of national legislation in the light of the development of digitalization and the emergence of new technologies in the field of electronic payments and the application of regulatory systems. The introduction of electronic money has become possible based on the development of an international payment system in the United States and Europe. The content of the institute under study as a monetary obligation, as a means of payment, as well as in other aspects is considered based on the ideas of domestic and foreign researchers in this field. The authors of the article support the opinion regarding the definition of electronic money as a special type of non-cash money, on the basis of which the content of electronic money becomes more voluminous due to the expansion of the areas of its use. The paper presents statistical materials that prove a steady increase in the number of transactions with electronic money. This is caused by the development of digitalization and information technology, which currently requires a timely response through the formation and adoption of security measures. The issue of determining the participants in the process of using electronic money is also relevant, in particular, this applies to issuers of electronic money, which determines the legality of issuing electronic money and trust in them. The authors cite the international experience of states in determining the issuer of electronic money, as well as the provisions of national legislation and the current status on this issue. The article analyzes the provisions of legislation in order to identify ambiguities and inconsistencies between various regulatory legal acts, as well as suggests ways to use electronic money to expand its capabilities. Among the prospects for the development of the use of the institution under study are the expansion of participants and areas of application of electronic money, as well as the improvement of the data protection mechanism through the formation of reliable security measures.