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

THE DYNAMICS OF SCIENTIFIC RESEARCH IN LINGUISTIC EXPERTISE: AN INTERNATIONAL REVIEW OF ACADEMIC PUBLICATIONS

Syrym Zhanmuratovich Zhanzhigitov — 2025-12-23

This article focuses on analyzing issues related to linguistic expertise in the contemporary scientific arena. The relevance of this topic is evidenced by the increase in the number of papers recorded in the Scopus database under the keyword “linguistic expertise,” from 12 in 2000 to 160 in 2023.
The aim of the article is to conduct a comprehensive examination of scientific publications from 2000 to 2023 in order to identify the main trends and directions in the field of linguistic expertise. The research methodology includes statistical analysis using the SPSS digital tool, which allows collecting extensive data and quantifying scientific research.
The principal novelty of this study lies in its comprehensive mapping of every publication on linguistic expertise indexed in Scopus between 2000 and2023, systematically classifying them by genre, patterns of authorship collaboration, and interdisciplinary orientation. This approach for the first time in the field reveals not only the literature’s quantitative expansion but also the dynamics of its qualitative shifts. The findings demonstrate a clear transition from descriptive analyses to instrumentoriented models grounded in artificial intelligence, corpus linguistics, and legal linguistics.
The theoretical significance of the article lies in the systematization of multidisciplinary studies on linguistic expertise and in enhancing the understanding of the emerging scientific interest in this subject. The practical significance is reflected in the possibility of applying the findings in such areas as social sciences, humanities, computer science, and psychology.
The conclusions obtained highlight the current importance of linguistic expertise and its potential for fostering interdisciplinary research. The study results underscore the need for further scholarly engagement in this field, confirming the promise of linguistic expertise for various branches of knowledge.

ON THE ISSUE OF DETERMINING A CHILD'S NATIONALITY: NATIONAL, INTERNATIONAL, AND FOREIGN LEGAL REGULATORY MECHANISMS

Dana Abdizhapparovna Abdakimova — 2025-12-23

This article is devoted to a comprehensive study of the legal mechanism for determining a child's nationality in light of constitutional guarantees and international human rights standards. The purpose of the study is to identify problems and systemic contradictions between the current norms of the national legislation of the Republic of Kazakhstan and the international obligations of the state in the area of ensuring the child's right to ethnic self-identification. The analysis is based on the provisions of the Constitution, regulatory decisions of the Constitutional Court, the Code of the Republic of Kazakhstan «On Marriage (Matrimony) and Family», and international treaties ratified by the Republic of Kazakhstan. To ensure completeness and objectivity, the experience of the CIS countries and non-CIS countries was analysed, in particular, the legal consolidation of national identity in Israel and Bosnia and Herzegovina - countries in which constitutions formalize the special status of «titular» nations. The experience of Canada and Belgium was considered, whose legislative practice allows us to assess the risks of applying a similar model in multinational states, including Kazakhstan. The study found that the automatic determination of nationality based on the origin of parents creates the preconditions for discrimination, especially in relation to orphans and stateless persons, and substantiated that the existing regulatory model requires revision in order to ensure the voluntary nature of ethnic self-identification and prevent confusion between the concepts of nationality and citizenship.

The study is based on a combination of general scientific and specialized methods: deduction, historical, comparative legal, and systemic analysis, case studies, and a doctrinal approach. The empirical basis was formed by the normative legal acts of the Republic of Kazakhstan, international legal documents (including the Convention on the Rights of the Child and the Convention on the Reduction of Statelessness), as well as decisions of the European Court of Human Rights and materials of law enforcement practice of the CIS states.

The results of the study can be used for further reform of family and marriage legislation of the Republic of Kazakhstan. The results of the conducted research may be useful for the scientific community, legislative bodies, and human rights organizations.

INTERNATIONAL LEGAL REGULATION OF THE INVOLVEMENT OF CHILDREN IN ARMED CONFLICT

Aigerim Adilova Aralbayeva — 2025-12-23

Abstract. The problem of child protection in the context of international conflicts is one of the most acute humanitarian problems of our time. Children belong to one of the most vulnerable groups, whose rights are freely violated during armed confrontations, migration crises with all the accompanying destructive circumstances. Armed conflicts cause serious damage to the physical, psychological and social well-being of children, as they are the most vulnerable group of the population. Children who have lost their relatives, shelter, and food become victims of forced involvement in armed conflicts as soldiers. In cases of refusal, they may suffer physical violence and death. International legal instruments such as the «Convention on the Rights of the Child of 1989», the «Geneva Convention (IV) of 1949», «Additional Protocol I to the Geneva Convention of 1977», and others provide mechanisms for the protection of children's rights in situations of armed conflict. However, their implementation often faces obstacles related to the unsatisfactory organization of international control, the lack of unification of the legal framework at the regional and international levels, insufficient funding for programs to protect children's rights in the context of military operations, etc. Effective protection of children requires coordinated actions by international organizations to strengthen control over compliance with standards established by international treaties. Ultimately, the protection of children in situations of armed conflict should be seen as a shared responsibility of all mankind. Only the joint efforts of all countries of the world can ensure the protection of children by providing a safe environment, access to medical care and education.

COMPARATIVE ANALYSIS OF CONSTITUTIONAL REFORMS IN CENTRAL ASIAN COUNTRIES IN THE CONTEXT OF CURRENT TRENDS IN THE DEVELOPMENT OF CONSTITUTIONALISM

Marat Sovetovich Bashimov — 2025-12-23

The 2022 constitutional reforms in Kazakhstan have set new directions for the further modernization of the legal and political system. At the same time, constitutional reforms carried out in Central Asian countries such as Uzbekistan, Kyrgyzstan, and Tajikistan have proven their effectiveness over time.

The authors of the article conducted a study on the peculiarities of constitutional reforms in Central Asian countries in the context of global trends in the evolution of constitutionalism in recent decades. The relevance of the study is justified by global trends in the internationalization of constitutionalism and the need to take into account regional constitutional identity. Methodologically, comparative legal and institutional approaches were applied, the main provisions of the current constitutions were analyzed, and the directions of reform were compared. The study reveals a trend in regional constitutional development that is developing in line with contemporary approaches to constitutional reform: the use of nationwide referendums, a focus on the introduction of effective mechanisms for ensuring human rights, and a desire to adapt global standards to national conditions. Particular attention is paid to Kazakhstan, where the formula “strong President – influential Parliament – accountable Government” is being implemented. The findings of this study may be used in the future to improve the constitutional institutions in the region through legislative measures.

THE IMPACT OF ECONOMIC SANCTIONS ON THE OBSERVANCE OF ECONOMIC HUMAN RIGHTS IN INTERNATIONAL CONFLICTS

Zhuldyz Kanatkyzy — 2025-12-23

The article examines the complex issue of the impact of economic sanctions on the observance of economic human rights in the context of international conflicts. Sanctions, used as a foreign policy tool, often lead to unforeseen consequences for civilians, violating their right to access to living standards, food, health, education and other economic benefits.

The article analyzes the ambiguity of the application of sanctions: on the one hand, they can be aimed at ending hostilities and protecting human rights, on the other hand, they contribute to economic recession, increased poverty, food insecurity and deterioration of living conditions.

The author examines various approaches to the problem, analyzes examples of the use of sanctions in various conflicts, and also studies mechanisms to reduce the negative impact of sanctions on civilians. The article emphasizes the need for a more detailed legal analysis of the expediency of applying sanctions, as well as the development of mechanisms to ensure respect for economic human rights when they are imposed.

The author also examines the problem of evenly distributing the burden of sanctions, which often affects the poor and vulnerable population, while rich and influential people can use gaps in the sanctions system to their advantage.

In conclusion, the author offers a number of recommendations on optimizing the application of economic sanctions aimed at minimizing their negative consequences for the civilian population. In particular, the author suggests strengthening international cooperation in the field of humanitarian assistance and developing mechanisms for effective monitoring and control over the application of sanctions to ensure their compliance with international law and the protection of human rights.

A PROCEDURAL AGREEMENT IN THE FORM OF A PLEA BARGAIN IN THE LAWS OF THE UNITED STATES AND KAZAKHSTAN

Akylbek Klyshniazovich Nurlin — 2025-12-23

The development of the country's economy affects the activities of public authorities and the behavior of subjects administering justice. This is happening in the direction of simplifying the procedural mechanism, while maintaining the dynamics of increasing the efficiency of legal proceedings. The scientific work is devoted to the study of the institution of a plea bargain, its positive and negative features based on the legislative experience of the United States. Different States apply different approaches to the regulation and implementation of reconciliation agreements. There is a different approach to the categories of criminal offenses, restrictions, the initiative to conclude, as well as the fulfillment of the conditions defined by the transaction. The choice of legislative experience and judicial and investigative practice in the United States is due to the fact that the institution of a plea bargain was created and developed here. The main provisions regarding the content and procedure for concluding a plea bargain have developed over three centuries and have led to the fact that most criminal cases are considered using this transaction. By identifying the positive and negative characteristics of this institution, we can highlight the essential features of the procedure for concluding a procedural agreement in the form of a plea bargain in Kazakh legislation in order to note recommendations for improving the effectiveness of its implementation and preventing negative consequences occurring in US practice. In addition, the paper examines the negative aspects of the implementation of the institution in question in terms of the procedural actions of the court when the suspect or accused person refuses to enter into a plea bargain before the court has decided on the case, the existence of obligations only on the part of the defense and the possibility of preventing unfair actions of the prosecutor for not conducting a pre-trial investigation. It is necessary to fill the gap regarding the responsibility of each party for non-fulfillment of the terms of the transaction.

TASKS OF CREATING FEDERAL TERRITORIES: COMPARATIVE LEGAL ANALYSIS

Daniil Vladimirovich Astrakhantsev — 2025-12-23

The article examines specific tasks of national strategic importance, the impossibility of achieving which has led to the creation of territories under direct federal administration in the federations. For the purposes of this study, the author presents his own classification of territories under direct federal control, based on territorial and geographical criteria. Through comparative analysis, the author highlights the characteristics of the formation of such territories in modern federations. Referring to the established territorial structure of existing federal states, where territories under direct federal administration have been created, the author has identified and systematized the specialized tasks that are the basis for their creation in foreign federal states, as well as in the Russian Federation. It has been proven that some of the tasks of creating federal territories may be universal in nature, regardless of the specific form in which a particular territory under direct control from the federal center is established. The experience of creating federal territories in the Russian Federation has been studied, and the idea of creating other territories of direct federal subordination within its borders has been analyzed and evaluated in terms of its practical significance and feasibility. It has been substantiated that granting certain territories a legal regime that differs from that of ordinary territorial units of a federal state is dictated by a number of objectively existing factors that prevent the effective management of such territories. The prospects for further improvement of the institution of federal territories are assessed, and it is concluded that the specialized tasks pursued by the legislator in establishing federal territories can also be extended to unitary states, where in practice territories with a special legal regime are also created.

AFFILIATED COMPANIES IN THE REPUBLIC OF KAZAKHSTAN: THE HISTORY OF FORMATION

Olzhas Tolegenuly Alimov — 2025-12-23

The study is aimed at exploring the genesis of the concept of «affiliated persons» in the legal system of the Republic of Kazakhstan, identifying the reasons for its introduction, analyzing the regulatory evolution and consequences for economic relations. The main goal is to determine how the category of affiliation became a regulatory tool in the context of the transition to a market economy, as well as to reveal legal loopholes that contributed to abuse during the privatization period.

The work uses a historical and legal analysis of normative acts (1993-1999), a study of judicial practice, as well as a comparative legal method for comparison with the legislation of the Russian Federation. Additionally, a contextual analysis of the economic processes of the 1990s was used.

It was established that the concept of «affiliated persons» was introduced in 1993 as part of the second stage of privatization to formalize control over investment and privatization funds (IPFs). However, the lack of clear legal regulation and criteria for liability allowed IPFs to withdraw assets through affiliated structures under the guise of legal transactions. This led to the concentration of property in a narrow circle of individuals and discredited the idea of people's privatization. The subsequent consolidation of the term in the laws «On the Securities Market» (1997) and «On Joint Stock Companies» (1998) expanded its content but retained the fragmentation of regulation.

The results of the study can be used to improve corporate legislation, develop mechanisms to counter conflicts of interest, and also in training courses on the history of law in Kazakhstan.

The institution of affiliation became a response to the challenges of the market transformation of the 1990s, but its initial legal uncertainty created the ground for abuse. Despite the gradual detailing in laws, the lack of a systematic approach (for example, a separate law or inclusion in the Civil Code) limits the effectiveness of the concept in modern conditions.

LEGAL REVIEW OF THE ADMISSIBILITY OF AN ADMINISTRATIVE CLAIM FOR SUBSTANTIVE CONSIDERATION

Meruyert Konurbayeva — 2025-12-23

This article explores the criteria for courts to assess the admissibility of an administrative claim before proceeding to its substantive review. The admissibility of an administrative claim means that the submitted claim complies with established procedural norms. To determine the admissibility of an administrative claim, the following aspects must be considered: the jurisdiction and competence of the case, compliance with the deadline for filing the claim and the procedure for preliminary administrative appeal if required by the relevant legislation, formal requirements for the claim—including an examination of the subject matter of the dispute—and the presence of both an administrative plaintiff and defendant. In addition to these aspects, courts must also ensure that the claim meets other requirements stipulated by procedural law. If a claim is submitted with violations (such as an incorrect defendant, improper jurisdiction, or missed deadline), the court returns the claim in accordance with Part 2 of Article 138 of the Administrative Procedural and Processual Code of the Republic of Kazakhstan (hereinafter referred to as the APPC).Reviewing a claim for compliance with procedural requirements at an early stage helps to prevent time loss and unnecessary expenses. Thus, verifying the admissibility of an administrative claim is an essential process to ensure the legality, efficiency, and fairness of judicial proceedings. The criteria for claim admissibility in Kazakhstan's administrative courts are analyzed based on judicial practice established over the years, taking into account statistical data on returned claims, brief case reviews, and case category analyses conducted by the Judicial Panel for Administrative Cases of the Supreme Court of the Republic of Kazakhstan. The examples provided in this article can assist and serve as a guideline for practicing lawyers

THE EVOLUTION OF JUDICIAL INTERPRETATIVE ACTIVITY: AN ANALYSIS OF THE MAIN THEORIES IN CONSTITUTIONAL LAW

Dauren Bakhtybayuly Makhambetsaliyev — 2025-12-23

The article examines the evolution of judicial interpretation in constitutional law through three main theories: the theory of discovery, the theory of creation, and the theory of creation in problem areas. These theories characterise the methodological foundations of legal interpretation, revealing the role of judicial activity in the interpretation of legal norms. The theory of discovery asserts that legal norms possess an objective meaning and that the court's task is to find and publicise them. The theory of creation indicates that a legal norm lacks an inherent meaning and must be formed through court interpretation. The theory of creation in problem areas emphasises the role of courts in filling legal gaps, bridging the divide between these two approaches.

The theory of discovery posits that legal norms possess an objective and predetermined meaning. According to this theory, the judge's role is merely to identify and articulate this meaning through interpretation, leaving no room for legal creativity. The theory of discovery aims to ensure legal stability and introduce objectivity into judicial decisions.

In contrast, the theory of creation fundamentally differs from this perspective by granting judges the right to adopt a creative role. In this theory, interpretation is viewed not merely as a means of uncovering the content of a norm but also as a mechanism for forming new legal norms. Particularly in situations of legal gaps, the active role of judges becomes especially significant, as they create new norms to fill voids in the legal system.

The theory of creation in problematic areas occupies an intermediary position between two approaches. It asserts that judges formulate new norms only when positive law does not provide a clear and precise answer. This approach aims to ensure the flexibility of the legal system and the sufficiency of legal regulation, while also seeking to restrict the creative role of judges to necessary bounds.

PPUBLIC AND LEGAL DISPUTE AS A PHENOMENON OF THE ADMINISTRATIVE LEGAL PROCEEDING OF THE REPUBLIC OF KAZAKSTAN

Diana Ramzievna Egezhanova — 2025-12-23

The issues of the meaning of public and legal disputes of the institute are discussing in scientific conceptions of modern public rights in the sphere of administrative law and process. In given article the authors are covering the actual questions of the progressive meaning of public and legal disputes in the system of administrative legal proceeding. There were analized by this aim the theoretical approaches to explaining the term of public and legal dispute and its clarification species also the effective mechanism of its consideration. For any judicial system of developed country the judicial despute is undesirable factor of risk and it can be created serious legal consequences for its participants especially if the defendant is an administrative organ. In the process of administrative launch and judicial procedures are revealed strong and weak sides of administrative activity of the public managing strucure, frequently there are a lot of mistakes made which are allowed in the result to carry out more effective ways of modifying of the activity for further steable development of judicial, administrative and legal systems. In the article was paid attention for overseas legal experience of public and legal disputes regulation. Recognized that the overseas experience of foreign states in the direction of public justice by the administrative claim went far ahead. Proven that an unconditional role in rules development by using mechanisms of consideration of the public administrative proceedings and promotion them in judicial system are belonging to an international practices. However, it needs normative consolidation of many novations promoting to fast judicial process and its effectivity in practice of Kazakhstani administrative courts.

PROBLEMS AND PROSPECTS OF CLASSIFYING ADMINISTRATIVE OFFENSES IN THE CONTEXT OF THE REFORM OF THE CODE OF ADMINISTRATIVE OFFENSES OF THE REPUBLIC OF KAZAKHSTAN

Marat Imangalievich Zhumagulov — 2025-12-23

The article provides a comprehensive analysis of the problems and prospects of classifying administrative offenses in the context of the ongoing reform of the Code of the Republic of Kazakhstan on Administrative Offenses (CоАП RK). The research focuses on a critical review of a legislative novelty – the draft of Article 25-1 of the CоАП RK, which introduces a three-level gradation of offenses by severity (minor, significant, and gross). The authors identify and analyze in detail the systemic contradictions of the proposed model. These include: a conceptual inconsistency between the General and Special Parts of the Code, leading to homogeneous acts being classified into different severity categories; and an excessive dependence of qualification on the status of the subject (individual, business entity), which calls into question the adherence to the principle of equality before the law. The problem of the imperfect classification methodology, which does not allow for the correct inclusion of offenses with penalties in the form of fines calculated as a percentage or whose amounts exceed the established limits, is particularly emphasized. As an alternative, the authors substantiate the necessity of transitioning to a socially oriented and flexible system of administrative penalties that considers not only formal characteristics but also the property status of the offender, the form of guilt, the severity of the consequences, and the real public danger of the act. In conclusion, a set of theoretical and practical measures for improving the gradation is formulated, including the development of clear criteria, the creation of a scientific and practical toolkit for analyzing the elements of offenses in the CоАП RK, and ensuring the proportionality of administrative responsibility to strengthen trust in the legal system.

ON THE ISSUE OF IMPROVING LEGISLATION IN THE FIELD OF NATIONAL SECURITY

Serik Seitovich Karzhaubaev — 2025-12-23

National security is the most important priority of the State. The main direction of national security is to protect the rights of citizens, society and the State. At the same time, the primary priority of national security is the individual, his rights and freedoms. The main role in the implementation of measures to protect the rights of citizens, society and the State is assigned to special government agencies. In practice, sometimes there are situations when the powers of special bodies are closely intertwined with the rights of citizens. In some cases, there are contradictions. This creates conditions for the infringement of the rights and freedoms of citizens, and there are accidental situations that need to be addressed. The article attempts to resolve the issue of resolving such situations on the basis of improving legislation regulating the powers of special state bodies. The author suggests the idea to provide rules providing for the use of special, coercive, forceful means only in special cases symmetrical to the alleged threats. According to the author, the restriction of citizens' rights should correspond to the degree, intensity and reality of the threat to protected persons and objects. At the same time, according to the author, measures should be taken to correctly assess the extent and reality of the threat.

A special role in the protection of national interests is assigned to the prevention of security measures for protected facilities. The importance of crime prevention, and in particular terrorism, is relevant and necessary, as it allows special authorities to minimize such risks.

Along with the observance of citizens' rights, the article pays great attention to the observance of the rights of employees of special bodies. The article provides proposals for improving the Law of the Republic of Kazakhstan "On Special State Bodies of the Republic of Kazakhstan" dated February 13, 2012.

DIGITAL LAW IN THE KAZAKH LEGAL SYSTEM: THEORETICAL AND LEGAL ASPECTS

Symbat Kenzhebekovich Ukin — 2025-12-23

The article outlines the issues of the formation of digital law as a branch of law in the legal system of Kazakhstan. The article notes that despite the fact that, as of May 2025, Kazakhstan has not yet adopted a separate legislative act in the form of a Digital Code, nevertheless, in the system of Kazakh law, based on those legal norms contained in various legal acts regulating issues of digital relations, artificial intelligence, etc., digital law has been objectively institutionalized.

The authors state that there is no single definition of the concept of «digital law» in the scientific literature. At the same time, the article notes that digital law on the subject of regulating public relations is not an independent branch, but a complex branch of law, the legal norms of which regulate issues in both the sphere of public law and private law relations.

In turn, the article draws special attention to the fact that the norms of administrative-tort and criminal law, establishing administrative and criminal liability, respectively, in the field of informatization and communication as an integral part of digital relations, are not an integral part of the norms of digital law. Nevertheless, the article emphasizes that digital law includes in its content, to one extent or another, the norms of various branches of law: constitutional, civil, administrative, financial, labor and other branches of law.

In presenting the method of digital law, the authors believe that digital law contains both imperative and optional methods of legal regulation. Accordingly, the article indicates that digital law combines imperative and optional methods of legal regulation to one degree or another.

In addition, the article covers the issues of sources of digital law, and briefly covers digital law as a legal science and as an academic legal discipline.

SOME ISSUES OF STUDYING THE CONTENT OF LEGAL CULTURE

Arman Serikovich Akhmetov — 2025-12-23

The scientific article is devoted to the study and disclosure of the content of the features of legal culture and its influence on the legal system of society. The purpose of the scientific article is to conduct a systemic analysis and disclosure of the basic elements of legal culture as a social regulator. In the process of writing the scientific article, many different methods of scientific analysis were used, which made it possible to reveal the presented problem and come to conclusions and recommendations. Such methods include general scientific methods (analysis and synthesis, deduction and induction, abstraction and formalization, generalization). The content of the scientific article is aimed at identifying and studying the structural elements of legal culture based on existing scientific opinions and approaches of both domestic and foreign researchers. This article used data from international independent organizations, the analysis of which made it possible to identify the position of our state in the international ranking of the development of state legal policy. The results obtained in this scientific article are determined by my own conclusions and findings, as well as practical recommendations for raising the level of legal culture of the population, especially among young people. The materials of the scientific article and its practical recommendations can be used in designing concepts, strategic programs for improving the legal policy of the state. The conclusion is that legal culture is a real social regulator based on legal knowledge and skills of a person and his ability to apply them in practice.

LEGAL DEFINITION OF THE CONCEPT OF ARTIFICIAL INTELLIGENCE: THEORETICAL FOUNDATIONS AND LEGISLATIVE CONCEPTS

Rauan Serikbaykyzy Zhaltyrbayeva — 2025-12-23

This article discusses and analyzes different approaches to defining the concept of artificial intelligence, as well as provides an overview of government policy documents of a strategic nature in the field of digital technology development.

In modern conditions of the active introduction of artificial intelligence in various spheres of life, the issues of developing the legal concept of «artificial intelligence» and fixing it in legal acts require a solution.

The ongoing processes pose a number of questions to legal science related to the general theoretical understanding of the legal nature of artificial intelligence and the role of law in changing conditions. Today, the study of the specifics of legal regulation of the development and application of artificial intelligence technologies is becoming particularly relevant, taking into account the specifics of specific areas of their application and the legal problems of using artificial intelligence in certain areas, in particular, in the legal field.

The purpose of the study is to define the concept of «artificial intelligence» based on the analysis of various approaches to the definition of artificial intelligence in the legal literature and regulatory legal acts. The authors note that the current lack of a single concept of artificial intelligence is due to the lack of unity in understanding this concept both in international acts and in the legal scientific literature. The study found that the formation of unified approaches to understanding artificial intelligence is possible with the accumulation of experience in using artificial intelligence technologies and the development of a regulatory framework.

Improving legislation in the field of the development and use of artificial intelligence can have a positive impact on the overall level of development of these technologies and contribute to the technological development of the country. Currently, one of the most important strategic tasks of the state is to improve legislation on the creation and use of artificial intelligence. This requires the creation of a conceptual and categorical framework, regulation of security issues related to the use of artificial intelligence technologies, and legal responsibility.

DIGITAL SOCIETY AND THE RULE OF LAW: CONTEMPORARY ISSUES AND SOLUTIONS

Zhardenbek Sharivkhan — 2025-12-23

This article explores the legal foundations of establishing a digital society in the Republic of Kazakhstan, focusing on the principal challenges that arise amid rapid technological transformation. The primary goal of the study is to provide concrete recommendations for improving legislative frameworks that safeguard citizens’ rights and interests in the context of widespread adoption of electronic services. A combination of comparative legal analysis, dialectical methodology, and comprehensive evaluation of statistical data was employed, revealing gaps in cybersecurity, personal data protection, and the mitigation of digital inequality across various regions. The findings indicate that existing regulations require ongoing refinement, given the rapid development of information and communication technologies. The authors emphasize the importance of close collaboration between government institutions and the business community, as efforts to enhance data management and cybersecurity measures demand coordinated actions at multiple levels. The article underlines Kazakhstan’s considerable potential to expand its digital industry and move toward international standards through legislative modernization and increased investment in information technologies. Moreover, it highlights the need to refine research approaches and measurement tools in the realm of digital rights, enabling more precise assessments of public access to online services and timely responses to new threats. Consequently, the proposed measures to bolster cybersecurity, protect personal data, and improve the accessibility of e-services stand to boost the country’s innovative capacity and advance the rule of law to a new level.

ON THE ISSUE OF COLLEGIAL CONSIDERATION OF CASES ON THE APPLICATION OF PAROLE

Assel Aidarkhanovna Bekbauova — 2025-12-23

According to paragraph 18 of the Action Plan in the field of human Rights and the Rule of Law for 2025, the task has been set to develop a pilot project for the transfer of jury trials and cases on the application of parole. In this article, a mechanism for granting parole makes to convicts an attempt to expediently create. Professional lawyers who in practice deal with cases regarding the application of parole gives the opinions. They support this idea or consider it costly and inconvenient. To clarify the need to implement the above task, the provisions of national legislation and the law enforcement activities of courts in Kazakhstan on the application of parole are being investigated. The article provides statistical data on the number of applications submitted to the court for consideration by convicts, including those that have been satisfied over the past three years. The grounds on which the court decides to grant parole are considered. Using the example of materials from judicial practice the court issues a decision on the satisfaction of the petition or refusal, analyzis the question is ed regarding the grounds. These decisions draw attention to the problem of an objective assessment of materials for compliance with the grounds on which the convicted person is entitled to parole. In this regard, the authors present the empirical experience of some foreign countries that apply specific criteria to resolve the issue of the release of convicts on parole. The peculiarity of the choice of these countries is that they have a long-term practice of applying these grounds, which ensures respect for human rights. Based on the experience of these countries, the authors made an attempt to define such criteria in relation to Kazakhstan. In addition, the decisions made on the cases under study reflect on the authority of the judiciary. The judge alone examines the circumstances of the case, the materials and makes a decision based on the law and internal beliefs. Therefore, the authors raise the issue of collegial proceedings. Interestingly, there is such an experience in the international community, so in the article the authors come to the conclusion about the importance of making such a decision, where not one judge, but several people study the materials and are responsible for the decision.

ACTUAL PROBLEMS OF INTENSIFICATION OF ANTI- CORRUPTION IN KAZAKHSTAN

Ramazan Tuyakovich Nurtaev — 2025-12-23

The article examines certain legal and socio-psychological aspects related to the disclosure of the peculiarities of the culture of perception and anti-corruption in our society. The author substantiates the conceptual position, the content of which boils down to the fact that effective counteraction by the state and society to corruption is possible provided that the political will of the institutions of the state and civil society is maximally activated in the integral unity. Based on a correct culture of perception and assessment of the degree of social danger and the socially dangerous consequences of the spread of corruption in the country, formed in the minds of the citizens of the republic. It is assessed as a negative social phenomenon that has a significant negative impact on the progressive initiatives and changes that are being undertaken by our state and society in order to create a reliable foundation for building a fair and constantly developing new Kazakhstan. It is fair to call the creation of reformed socio-economic, political, legal, cultural and moral relations in the republic a reliable foundation on which to build a new Kazakhstan, focused collectively on solving fundamentally important tasks that correspond to the goals of the further movement of our people towards progress and prosperity. The reform of socio-economic relations presupposes the implementation of the constitutional principles stated regarding the consolidation of national ownership of land and its subsoil, water, flora and fauna, and other natural resources. The successful implementation of socio-economic transformations in the republic will open up real opportunities for further activation of existing potential anti-corruption capabilities. The degree of activity and consistency of the relevant political will shown by the State in organizing the fight against corruption contributes to improving the effectiveness of anti-corruption. Related to the informed planning and adoption of the correct tactics and strategy of measures to influence corruption crime.

PECULIARITIES OF INVESTIGATION OF CRIMINAL OFFENSES RELATED TO DRUG PRODUCTION IN CLANDESTINE LABORATORIES

Alikzham Khalelovich Fetkulov — 2025-12-23

The article reveals the study of the problems of illicit drug production in clandestine laboratories in the Republic of Kazakhstan. The aim of the work is to analyse the effectiveness of the tactics of criminal investigation related to such laboratories and to develop proposals to improve law enforcement practice. The research methodology is based on a comprehensive analysis of scientific literature, statistical data and law enforcement practice. The study also includes a comparative analysis of international experience in combating illicit drug production. Particular attention in the presented scientific article is paid to analysing the current challenges associated with the increasing number of clandestine laboratories and the complexity of precursor trafficking control. Cases of detection of illicit production, changes in the range of manufactured narcotic substances and possibilities for improving the legislative framework to enhance the effectiveness of the fight against drug-related crime are discussed. The results of the paper show the lack of effectiveness of existing investigative techniques, caused by problems in coordination between law enforcement agencies and a lack of specialised knowledge. The article emphasises the importance of cooperation between different law enforcement and expert structures and the need to introduce modern methodologies and technologies. The scope of application of the results covers the processes of reforming criminal procedural legislation, improving the qualifications of law enforcement agencies and improving interagency co-operation in the context of combating drug-related crime.

In conclusion, the authors came to the conclusions about the need to improve Kazakhstani legislation regulating the control of precursor trafficking and strengthening the role of professional training of forensic chemists and operational officers to improve the accuracy and efficiency of criminal investigations related to illicit drug production in drug laboratories.

SOME ASPECTS OF THE DEVELOPMENT OF LEGISLATION ON THE PROTECTION AND USE OF WILDLIFE

Zhanara Abdyldaeva Zhandauova — 2025-12-23

Today, the legislation of the Republic of Kazakhstan in the field of protection, reproduction and use of wildlife is a sub-branch of environmental legislation, consisting of the Environmental Code of the Republic of Kazakhstan, the Laws of the Republic of Kazakhstan «On protection, reproduction and use of wildlife», «On responsible treatment of animals», «On specially protected areas», etc.

The article is based on the results of an analysis of the effectiveness of legislation in the field of protection and use of wildlife.

The article suggests some ways to improve the legislation of the Republic of Kazakhstan in the field of protection and use of wildlife, developed scientifically sound recommendations and proposals for their implementation.

In this regard, the authors identified gaps, as well as duplicate norms, conducted an audit of the conceptual framework and an assessment of the effectiveness of the implementation of the norms of the Law of the Republic of Kazakhstan «On Responsible Treatment of Animals».

A review and analysis of scientific and legal approaches to the protection and use of wildlife has been conducted, on the basis of which it is proposed to update the terminology used within the framework of legislation: «service animals», «farm animals».

Thus, the relevance of this study is enhanced due to the objective needs to further improve the effectiveness of legislation in the field of protection and use of wildlife, its consistency and consistency.

LEGAL ASPECTS OF DIGITAL REGULATION AND EVALUATION OF LEGISLATION IN THE FIELD OF LAND RELATIONS

Mereke Konyskhanovna Zhurunova — 2025-12-23

The article provides a comprehensive examination of the concept of digital transformation, its impact on the legal system, and its substantive aspects. The main focus is placed on the ongoing digitalization processes in the field of land rights protection and on mechanisms for evaluating the effectiveness of legislative reforms in this area. The role of legal monitoring and its importance within the system of public administration are analyzed, along with international experiences and best foreign practices. Based on the research findings, several recommendations and assessments are proposed to improve the legal framework for digital reforms in the Republic of Kazakhstan. The research results, taking into account the issues identified in Kazakhstan’s law enforcement practice, made it possible to determine the following priority areas: increasing the transparency of electronic auctions and cadastral data, and ensuring compliance with the principles of fairness and equality by authorized state bodies. In addition, improving the quality of regulatory legal acts governing land relations strengthens the legal foundations of digital transformation, ensuring legal stability and public trust.

Through a comparative analysis of national legislation and its practical implementation, the study develops scientifically grounded proposals aimed at eliminating existing gaps and inconsistencies. The main objective of the article is to assess how effectively the rights of landowners and land users are protected under the existing legal framework in the digital era, to identify the strengths and weaknesses of legal safeguards, and to formulate conclusions on improving legal regulation, taking into account judicial practice and public opinion.

ABOUT THE LAW OF THE REPUBLIC OF KAZAKHSTAN "ON ARTIFICIAL INTELLIGENCE"

Nikolay Nikolaevich Turetskiy — 2025-12-23

This article examines the background, content, and significance of the

Law of the Republic of Kazakhstan "On Artificial Intelligence," which is currently undergoing revision. The law was adopted by the Majilis of the Parliament of the Republic of Kazakhstan. It was then reviewed by the Senate and returned to the lower house of Parliament with accompanying amendments.

The a uthor focuses on the legal, organizational, and ethical aspects of regulating

artificial intelligence (AI) in Kazakhstan, as well as relevant changes to national legislation. It emphasizes that Kazakhstan was one of the first countries to systematically establish a legal framework for the use of AI technologies, which aligns with the objectives outlined in President K.K Tokayev's Address and the Concept of Legal Policy until 2030.

This article analyzes the structure and key provisions of the Law, which includes 28 articles regulating the use of AI by government agencies, quasi-public sector entities, and businesses, as well as the rights and obligations of those involved. It examines the opinions of experts and members of parliament on the law's nature, ranging from its assessment as a framework law to its recognition as a system-forming act establishing a new branch of law. Particular attention is paid to the introduction of administrative liability for violations of AI legislation and amendments to related laws.

In conclusion, it is emphasized that, despite the lack of a unified international approach to regulating artificial intelligence, Kazakhstan is demonstrating a proactive stance by creating a national legal framework. The law aims to ensure the safety, transparency, and ethical implementation of AI, protect citizens' rights, and stimulate innovative development.

SURROGACY IN THE REPUBLIC OF KAZAKHSTAN: PROBLEMS IN LEGISLATION AND PRACTICE

Elvira Bekbolatovna Ablaeva — 2025-12-23

The legislation of the Republic of Kazakhstan in the field of reproductive health protection and protection of the traditional institution of marriage and family is studied. Along with them, regulatory legal acts in the field of application of assisted reproductive methods and technologies for treatment or overcoming infertility are studied, including on receipt by Kazakhstani citizens of medical care at the expense of the Compulsory Social Health Insurance Fund as insured in the system of compulsory social health insurance of citizens, social protection of individuals and families with children as a result of the use of surrogacy. A deep and comprehensive analysis of the norms of legislation in the considered area of legal relations contributed to the identification of serious problems that our Kazakhstani citizens and families with a direct indication for surrogacy face in everyday life.

The author believes that the practice of using surrogate motherhood, which has developed against Kazakhstani citizens and families, contradicts legislation guaranteeing the right to protect the family, motherhood, fatherhood, and reproductive health, as well as to receive medical care from the insured at the expense of the CSHI Funds and social benefits from the Social Insurance Fund. It has been revealed that in violation of the requirements of the legislation on the protection of the reproductive health of citizens and their medical care in the MHI system, the Ministry of Health has established various kinds of illegal prohibitions in the use of any of the assisted reproductive methods and technologies.

Serious criticism has also been leveled at the illegal activities of notaries, which are expressed in the performance of notarial acts on the notarial certification of surrogacy contracts, which contradict the legal nature of civil law contracts for the provision of services for a fee, the general principles and meaning of civil legislation.

At the end of the work, the author gives recommendations on improving Kazakh legislation, as well as advice to Kazakhstani citizens and families in protecting their constitutional rights to reproductive health, receiving free medical care and social benefits in case of loss of income due to pregnancy and childbirth and maternity leave.

LEGAL REGULATION OF TAXI AGGREGATORS AND DRIVERS: A COMPARATIVE LEGAL ANALYSIS OF KAZAKHSTAN AND INTERNATIONAL PRACTICE

Sara Kimadievna Idrysheva — 2025-12-23

The article examines contemporary approaches to the legal regulation of taxi aggregators (digital platforms that mediate between passengers and drivers) in the Republic of Kazakhstan, the European Union, the United States, and the Russian Federation. The study covers the latest legislative changes and judicial practice from 2023 to 2025, including key cases: City of New York v. Uber Technologies Inc., C-434/15 Asociación Profesional Elite Taxi v. Uber Spain, and the case of Ospan A.A. v. Glovo Kazakhstan LLP. In the format of a comparative legal analysis, issues of the employment status of drivers (self-employment vs. hired labor), algorithmic management and social and labor guarantees, as well as new approaches to the taxation of digital platforms (e.g., the VAT in the Digital Age (ViDA) package in the EU) are discussed. Special attention is paid to the regulatory framework for the platform economy in Kazakhstan (digital reforms 2023–2025) and Russian legislation (Federal Law No. 580 and amendments 2023–2025). The results show that, despite the global nature of aggregator businesses, legal solutions vary significantly: the EU seeks to ensure labor rights for platform workers through the presumption of employment relationships and the regulation of algorithms, the US relies on local regulation of payment terms and partial judicial mechanisms, while Kazakhstan and Russia are in the process of forming their own regulatory models, which are currently focused more on registration and control than on social protection. In conclusion, recommendations are offered for improving the legal regulation of taxi aggregators, taking into account the balance of interests between platforms, drivers, and society.

DEVELOPMENT OF FAMILY ENTREPRENEURSHIP IN THE REPUBLIC OF KAZAKHSTAN: A NEW PERSPECTIVE ON SMALL BUSINESS SUPPORT

Yuliya Sergeevna Kostyanaya — 2025-12-23

The article is devoted to the study of family entrepreneurship as an important element of sustainable socio-economic development of the Republic of Kazakhstan. The purpose of the work is to analyze the current state of the family business, its features and problems of legal regulation, as well as substantiate the need for legislative support. The study uses a comparative legal method that allows comparing the experience of Kazakhstan with the practice of such countries as the USA, Germany, Japan and Turkey, where family business is regulated by separate regulations. The methods of analysis of normative documents and doctrinal sources are also applied. The results of the study show that family-owned enterprises have unique characteristics: resilience to economic challenges, continuity and close ties within the team. There are two groups of family businesses: small firms where family members are employed, and large companies that are inherited. In Kazakhstan, family-owned enterprises are mainly represented by small companies, often operating in rural areas. The authors emphasize the need for legislative consolidation of the legal status of the family business. We propose two approaches: amendments to existing codes or the adoption of a separate law on family entrepreneurship. The practical significance of the work lies in the possibility of using the results in the development of legislative initiatives and government programs to support family businesses. The findings of the study confirm that support for family entrepreneurship should become a priority of state policy, which will increase economic sustainability and preserve cultural traditions, contributing to the strengthening of local communities and sustainable economic development.

STATE LEGAL REGULATION OF WATER RESOURCES IN THE CONTEXT OF DIGITALIZATION.

Anоr Abaikhankyzy Mukasheva — 2025-12-23

The article discusses the features of the implementation of modern methods of water resources management in the Republic of Kazakhstan. The article will also touch upon modern innovative technologies in the field of use and protection of water resources, as well as regulatory legal acts regulating their effective use in the process of environmental protection activities.

The authors consider the main ways to eliminate the shortcomings of water legislation and improve water resources management, which should provide for norms ensuring the introduction of digitalization and automation in the new edition of the Water Code.

The improvement of the water management complex of the Republic of Kazakhstan should be based on the principles of ecosystem water use, providing for the introduction of a monitoring system using modern technologies, as well as strict accounting and control of quantitative and qualitative indicators of water resources based on the use of water-saving and environmentally friendly technologies.

The main goal of digitalization of the sphere of water resources management is to improve the quality of public water supply, improve the ecological and sanitary condition, identify and control the safety of hydraulic structures, generate information about the state of water infrastructure, and improve the digital knowledge of the population.

The authors are developing proposals aimed at improving water legislation and the practice of their application on issues of state regulation of water resources in the context of digitalization. This, in turn, will make it possible to develop and implement appropriate solutions in the water industry by eliminating the shortcomings of relevant legal acts in the state legal regulation of water resources.

Analyzing these important issues, the author offers his own vision of various aspects of the legal nature of regulatory norms that contribute to a broader understanding of water relations in the Republic of Kazakhstan. Ultimately, the study offers a deeper understanding of digitalization in the field of water resources management and its role within the regulatory framework of Kazakhstan. It highlights the potential implications of these decisions for the protection of water resources in the country.

METHODOLOGY OF ECONOMIC ANALYSIS OF LAW AND ITS APPLICATION TO CIVIL LAW STRUCTURES

Anuar Amanzholovich Nurmagambetov — 2025-12-23

Since the inception of legal science, the search for the most rational, effective, and manageable model of legal regulation in terms of economic efficiency has been a persistent challenge for numerous scholars. In fact, the identification of the mutual influence between law and the economy vice versa—as a means of uncovering the issues inherent in their interaction—has been rarely addressed in legal scholarship. Consequently, the methodology of scientific inquiry has often excluded economic analysis of law, its constructs, and its interrelations within private law.

The authors of this article examine the methodological aspects of economic and legal research, its main directions (positive and normative), the impact of legal policy on the existing legal system, and the search for optimal legal regulation. Furthermore, an economic analysis of certain civil law constructs is conducted as an interdisciplinary approach to the study of law from the perspective of the economic efficiency of applied legal frameworks.

The authors reasonably conclude that the establishment of a clear and rigorous method of economic and legal analysis appears unlikely due to the inherent complexity of defining a coherent system of values, interests, and societal expectations. Achieving a balance between these categories and such notions as public good, freedom, and justice must be accompanied by the consideration of the maximum possible number of variables. In this sense, the economic analysis of civil law constructs is intended to enhance the consideration of relevant factors—first, to identify the regularities of the law–economy interaction, and second, to ensure flexibility in the law-making process in light of the economic feasibility of legal reforms. In turn, the normative objectification of economic analysis enables greater rationality in achieving the objectives of lawmaking.

ON SOME HISTORICAL AND LEGAL ASPECTS OF REGULATING ROW HOUSING IN RUSSIA AND KAZAKHSTAN

Darya Vasilyevna Parkhomenko — 2025-12-23

Row housing has existed since ancient times, offering advantages such as energy efficiency, affordability, and accessibility. Despite these benefits, the legal status of row houses remains ambiguous in both the Russian Federation and the Republic of Kazakhstan. While improving this legal framework is not a priority, issues arising from its application are highly relevant to a significant number of people living in such developments. At present, legal practice regarding the classification of row housing varies. In some instances, it is treated as multi-unit residential development, where individual housing blocks are designated as apartments. In other cases, it is considered individual housing development, with residential blocks recognized as shares in a joint ownership structure. Alternatively, there are scenarios in which each block is accorded the status of an independent single-family home. Depending on the status of the residential blocks, the legal status of the land lots beneath them also differs.

The article describes the reasons behind such diverse legal interpretations and their consequences. The author sees the solution to this issue in establishing a unified approach to both row housing and the land lots they occupy. Furthermore, the article emphasizes the importance of applying unified framework to all existing developments through administrative (rather than judicial) procedures. The author suggests that the authority to determine the legal status of row housing should be delegated to local governments and the owners of residential blocks. Additionally, attention must be given to the identification of defining characteristics of a residential block. The author recommends that this responsibility be assigned to professionals with expertise in technical inventory and cadastral registration.

LEGAL PROBLEMS OF REGULATION OF SOME ISSUES IN RELATION TO AGRICULTURAL LAND IN KAZAKHSTAN

Аktoty Imangazykyzy Rzabay — 2025-12-23

The article is devoted to the analysis of certain current legal aspects of agricultural development in the Republic of Kazakhstan. At the present stage, the development of the agrarian sector requires regulation of issues such as improving the quality and fertility of land plots, introducing independent environmental monitoring of soil fertility, and ensuring water supply. Issues of water resources and soil conditions are directly related to the effectiveness of agricultural policy and require a comprehensive, cross-sectoral approach.

Kazakhstan has a significant agricultural potential, and farming plays a key role in its development. In recent years, there have been significant changes in this sphere directed at increasing the efficiency and competitiveness of farms. Farms produce a significant part of Kazakhstan's agricultural output, ensuring food security of the country. Small farms specializing in the production of cereals, oilseeds, fruits and vegetables, meat and milk predominate.

The state actively supports agriculture through subsidies, tax incentives, and investment programs. However, despite positive trends, a number of systemic issues persist. The article examines key challenges, including insufficient water supply, which is centrally managed with limited access to billing and supply control. Another important issue remains the low efficiency of fertilizer use, despite subsidies, due to a lack of proper oversight.

The aim of the study is to identify current problems in the use of agricultural land in Kazakhstan and to propose solutions. The objectives of the article are focused on a comprehensive analysis of the issues and their legal aspects.

Materials of this study can be used in the educational process of such disciplines as Land Law and Agrarian Law of the Republic of Kazakhstan. Theoretical significance of this study is to raise some important problems in the field of agriculture, which results can be useful in the normative activity.