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

VIOLATION OF SAFETY RULES AT CONSTRUCTION SITES: CRIMI-NAL-PROCEDURAL AND CRIMINALISTIC ASPECTS OF INVESTIGA-TION

Wed, 01 Oct 2025 00:00:00 +0000

The article presents an analysis of the various aspects related to the investigation of criminal offences under Article 277 of the Criminal Code of the Republic of Kazakhstan. This article focuses on the construction sector and provides an in-depth examination of the liability provisions set forth in Article 277 for violations of safety rules in mining and construction works. The study demonstrated a notable surge in the incidence of the analysed offences, coinciding with an increase in accidents in the construction industry at the national level and a concomitant reduction in the preventive influence on these processes. It is evident that pre-trial investigation bodies and courts encounter considerable challenges in investigating torts perpetrated in the context of hazardous work. In light of this, the authors endeavour to delineate measures to enhance the investigative techniques employed in such cases, with a particular emphasis on the comprehensive ascertainment and substantiation of the circumstances surrounding the offence in question. The paper provides a comprehensive examination of the most typical violations of the rules of safe conduct of construction works. It also addresses the characterisation of the subject, issues of guilt, motivation and other equally important matters from the perspective of criminal procedure and criminalistics. Additionally, it considers the problems of qualification of construction accidents. Furthermore, the authors examined the investigative and judicial practice concerning cases of violation of safety rules during construction works, as well as the archival materials of criminal cases. Based on the conducted research, the authors conclude that it is necessary to modify the current wording of Article 277 of the Criminal Code of the Republic of Kazakhstan, suggest certain measures to optimise the list of normative legal acts regulating occupational safety in the field of construction, and improve certain stages of investigation of this crime.

PROBATION IN THE REPUBLIC OF KAZAKHSTAN: CURRENT ISSUES AND DEVELOPMENT TRENDS

Kuat Khazhumukhanovich Rakhimberdin — Wed, 01 Oct 2025 00:00:00 +0000

The article examines a range of systemic, interrelated legal, doctrinal, and practical issues associated with more than a decade of experience in incorporating probation supervision into the criminal legislation of the Republic of Kazakhstan. Attention is given to the concept of probation as a special type of socio-legal and post-criminal control. The author concludes that the Kazakhstani legislature has superficially adopted this scientific understanding and has not pursued the creation of an independent form of probation within criminal law. Instead, probation was made only one of the substantive elements of the punishment in the form of restriction of freedom. The author convincingly and clearly demonstrates that methodological and managerial errors in the implementation of the probation institution in Kazakhstan have led to the emergence of several negative trends, causing probation to diverge from the recommendations of international UN legal instruments and the best practices of global alternatives to imprisonment. These trends, in particular, manifest in the fact that punishment in the form of restriction of freedom has become a primary competitor to not only imprisonment but also to the classical institution of suspended sentencing. The author believes that this creates risks of undermining the practical application of all non-custodial sentences. Criticizing the mistakes and missteps in organizing the national probation system, the author concludes that overcoming them is necessary and outlines the main elements of a factual probation strategy that will allow for truly high results in both its humanity and effectiveness.

ANALYSIS OF THE CAUSES AND LEGAL MECHANISMS FOR PREVENTING CHILD TRAFFICKING: CONTEMPORARY LEGAL THEORIES

Wed, 01 Oct 2025 00:00:00 +0000

This article provides a comprehensive analysis of the causes of child trafficking and the legal mechanisms for its prevention from the perspective of contemporary legal theories. It examines the key socio-economic, criminological, and institutional factors that contribute to the emergence of this phenomenon. Special attention is given to gaps in international and national legislation, as well as opportunities for improvement by considering normative, positive, and natural legal approaches.

Child trafficking thrives in contexts of family dysfunction, poverty, inequality, inadequate protection and neglect. Perpetrators often target children from extremely poor families or those who have been abandoned by their parents and caregivers. Conflicts, economic problems and environmental disasters make children, especially unaccompanied and separated young migrants, more vulnerable.

Traffickers use online platforms, social media and the dark web to contact, exploit and control children. They use modern technology to avoid detection and distribute violent content. Children’s unsupervised use of the internet and social media, often without adequate security measures, can further expose them to exploitation.

Contemporary legal theories analyzing the issue of child trafficking offer a more comprehensive perspective on this phenomenon. They aim to integrate traditional legal approaches with modern social, economic, and technological factors. This article examines the key approaches and directions of contemporary legal theory in combating child trafficking. The article develops recommendations for strengthening legal mechanisms for the protection of children, developing effective preventive measures and harmonizing international best practices. The article presents recommendations for strengthening legal mechanisms for child protection, developing effective preventive measures, and coordinating best international practices.

The research findings may be useful for lawyers, law enforcement officers, human rights specialists, and policymakers involved in developing state policies against child trafficking.

LOCAL SELF-GOVERNMENT REFORM IN KAZAKHSTAN: LESSONS FROM THE ESTONIAN MODEL AND THE SEARCH FOR FINANCIAL INDEPENDENCE

Rustem Karimuly Karim, Erzat Zeinullayevich Bekbaev — Wed, 01 Oct 2025 00:00:00 +0000

The article presents a comprehensive analysis of the formation and development of local self-government institutions (LSG) in the Republic of Kazakhstan and the Republic of Estonia. The relevance of the topic is due to the urgent need to improve the Kazakh legislation, since, despite the constitutional enshrinement of the right to LSG (Article 89), a special law regulating its organization and activities has not been adopted for decades, and the last bill was withdrawn from the Parliament in 2024. The work provides an in-depth comparative legal analysis, examines the theoretical foundations of LSG in the light of the provisions of the European Charter, the evolution of national legislation and constitutional norms on LSG in Kazakhstan. The key institutional problems of the Kazakhstan model are identified, such as the merging of public administration and self-government functions, unclear delineation of competencies, critical financial dependence of local budgets on central transfers and, as a consequence, a low level of citizen engagement. Based on the analysis of the successful Estonian experience, characterized by a high degree of autonomy, digitalization and financial decentralization, as well as on the basis of a summary of the opinions of scientists, practitioners and the results of a field study of modern self-government practices in Kazakhstan, specific proposals are formulated. The central idea is to reform the legal status of local self-government executive bodies. In particular, a conceptual solution is proposed to create local self-government executive bodies in the form of public funds of a rural or urban settlement. Such an organizational and legal form is designed to increase the financial sustainability, transparency and accountability of local self-governments, allowing for the accumulation of various sources of funding, including budget funds, private donations and grants, to effectively address issues of local importance.

THEORY OF THE ISSUE OF JUDICIAL LAWMAKING AND NORMATIVE RESOLUTIONS OF THE SUPREME COURT OF THE REPUBLIC OF KAZAKHSTAN

Gulnur Samatovna Ryszhanova, Бергенгул Ахмет, Yermek Bayahmetovich Abdrassulov — Wed, 01 Oct 2025 00:00:00 +0000

This article provides a comprehensive analysis of the legal nature of the normative resolutions of the Supreme Court of the Republic of Kazakhstan, their place within the national legal system, and their role in the law-making process. The author substantiates that the normative resolutions of the Supreme Court are not only a means of unifying judicial practice but also an essential legal mechanism for the development of national law. The article examines the structural features of these resolutions, their significance in the formation of legal norms, and their position within the legal regulation system from both theoretical and practical perspectives. The normative resolutions of the Supreme Court occupy a unique place in Kazakhstan’s legal system. They play a significant role in eliminating legal gaps and influencing the application of law by interpreting and clarifying legislative provisions. The article also considers scholarly opinions suggesting that these resolutions may, to a certain extent, constitute new legal norms. A comparative and analytical approach is used to assess these views and to explore their theoretical foundations and practical relevance.The research applies formal legal, systemic-structural, comparative-legal, and historical-legal methods. The authors conduct a systematic analysis of the texts of the Supreme Court's resolutions, their adoption procedures and structures, as well as the legal positions formed through these acts. Furthermore, the judicial law-making practices of Germany, Russia, and Turkmenistan are examined for comparison.The article also addresses the involvement of the judiciary in law-making and its relationship with the legislative branch. Within this context, the status of normative resolutions as sources of law, their legal force, and their place in the hierarchy of normative legal acts are investigated. The author argues for the necessity of legislatively clarifying the legal status of normative resolutions as an integral part of the legal system and offers specific proposals in this regard. This article represents a relevant scholarly contribution aimed at deepening the understanding of judicial law-making and raising the issue of revisiting the legal status of normative resolutions.

LEGAL REGULATION OF PERSONAL DATA IN THE CONTEXT OF ARTIFICIAL INTELLIGENCE DEVELOPMENT: FOREIGN EXPERIENCE AND CHALLENGES FOR KAZAKHSTAN

Wed, 01 Oct 2025 00:00:00 +0000

Significant progress in artificial intelligence technologies expands development opportunities in many areas of public life, but at the same time creates security threats, including when AI processes personal data. The article examines the legal aspects of regulating the protection of personal data in the context of the development of artificial intelligence, analyzes foreign experience in ensuring confidentiality and assesses the current state of legal protection of personal data in the Republic of Kazakhstan.

The study is based on a comparative legal analysis of the legislation of the EU, USA, China and Kazakhstan in the field of personal data protection and AI regulation, and analyzes the differences in law enforcement and the degree of recognition of the right to privacy in these jurisdictions. In the EU, personal data is regulated under the GDPR, which views its protection as an inalienable right of the individual. In the United States, the approach is less unified and is determined at the state level, which leads to fragmentation of legal regulation. China, by contrast, controls data processing from a national security perspective, which limits the scope of citizens' rights to protect their personal data.

The article identifies key issues in law enforcement practice in the Republic of Kazakhstan, including the lack of constitutional recognition of the right to personal data protection, insufficient regulation of automated decision-making, and the lack of a mechanism for the “right to an explanation” of decisions made by AI. Measures are proposed to improve the legal regulation of privacy protection, including the introduction of legal norms that ensure the explainability of AI decisions, strengthening the protection of personal data in automated systems, and harmonizing national norms with international standards. The results obtained can be used to improve the legislation of Kazakhstan in the field of AI and personal data, as well as for further research in the field of legal regulation of digital technologies.

PUBLIC PROCUREMENT IN STRATEGICALLY SIGNIFICANT PROJECTS AIMED AT THE COMMERCIALIZATION OF SPACE TECHNOLOGIES: THE CASE OF THE «KAZSAT-3R» PROJECT IMPLEMENTATION

Gulmira Maratovna Ishkibayeva, Daniya Nurmuhankyzy, Aizat Maratovna Begzhan — Wed, 01 Oct 2025 00:00:00 +0000

The development of the space industry in the Republic of Kazakhstan is acquiring particular significance in the context of rapid digitalization, increasing dependence on advanced telecommunication solutions, and intensifying international competition in the field of high technologies. President Kassym-Jomart Tokayev has repeatedly emphasized the need to shift from fundamental scientific developments to applied research and the commercialization of space technologies as a key element of modern state policy.

The implementation of national projects such as «KazSat-2», «KazSat-3» and the planned «KazSat-3R» satellite demonstrates the Republic of Kazakhstan’s determination to ensure independence in satellite communications, expand the range of digital services, reduce reliance on foreign operators, and simultaneously create an economically sustainable model of revenue generation through the commercial use of space infrastructure.

This study is devoted to the legal analysis of public procurement procedures applied in the implementation of the «KazSat-3R» project, considering its strategic importance and technological complexity. Particular attention is given to the provisions of the new Law «On Public Procurement» which came into force on January 1, 2025.

An important element of the research is a comparative legal analysis of international practices in France and Germany, where flexible approaches are applied in procurement for strategic sectors. These instruments help to strike a balance between ensuring competitiveness and the need to implement complex projects in the space sector.

The study examines institutional and regulatory barriers that arise in practice when attempting to engage foreign contractors - such as the absence of financial indicators in domestic sustainability assessment systems, as well as the inability to participate in procurement without a Kazakhstan Business Identification Number (BIN).

Based on the analysis, the paper proposes specific measures to improve legislation aimed at eliminating legal barriers to the implementation of high-tech projects. These include the development of sector-specific procurement standards, the introduction of flexible procedures, and the formalization of mechanisms for the participation of foreign suppliers based on international evaluation criteria.

LEGAL SUPPORT OF SOCIAL PROTECTION OF PERSONS WITH DISABILITIES: ANALYSIS AND WAYS OF IMPROVEMENT

Aigerim Kenzhebekkyzy Dosanova, Assel Erlankyzy Ramazan — Wed, 01 Oct 2025 00:00:00 +0000

This scientific article provides a comprehensive analysis of the problematic aspects of legal support for the social protection of persons with disabilities in the Republic of Kazakhstan. The relevance of the topic under consideration is due to both the need to implement the principle of equal rights and opportunities for all citizens and the state's desire to properly fulfill its international obligations in the field of human rights. Particular importance is attached to the ratification by the Republic of Kazakhstan of the UN Convention on the Rights of Persons with Disabilities and its Optional Protocol, which requires the systematic harmonization of national legislation with international standards and best practices.

The study is based on an analysis and comparison of the current regulatory legal acts of the Republic of Kazakhstan, international treaties, as well as scientific works by domestic and foreign authors specializing in issues of the legal status of persons with disabilities. The purpose of the article is to identify key problems in the current legislation and to develop reasoned proposals for its improvement, aimed at increasing the effectiveness of legal mechanisms for protecting the rights of persons with disabilities.

The study used methods of formal legal, comparative legal, and logical analysis. The work examines theoretical and legal approaches to defining the concepts of «person with a disability» and «child with a disability» with the formulation of possible updated definitions. Particular attention is paid to the problem of discrimination on the basis of disability, including the issue of the need to enshrine it in current legislation.

The conclusions and proposals formulated in the article can be used in lawmaking, in the preparation of draft regulatory legal acts, in scientific research, and in law enforcement practice.

CRIMES INVOLVING DEEPFAKE IN ONLINE FRAUD AND THE CHALLENGES OF PROVING THEM

Nurdaulet Mukhamediyaruly Apsimet — Wed, 01 Oct 2025 00:00:00 +0000

This research explores crimes committed using deepfake technology in the context of online fraud. The aim of the study is to analyze how deepfakes are applied in fraudulent schemes, identify key challenges in investigating and proving such crimes, and offer recommendations for improvement. The methodology includes forensic analysis of deepfake detection technologies, comparative review of international practices, examination of academic sources, and analysis of Kazakhstan’s legislation on cybercrime.

The study identifies three major areas of criminal deepfake use: financial fraud, blackmail and extortion, and political manipulation. Cases are examined where deepfakes were used to bypass identity verification systems, produce fake videos and audio recordings to steal money, and spread disinformation. Particular focus is placed on the difficulties of classifying and proving these offenses due to the lack of specific legal norms and investigative tools. The study also reviews current detection technologies, such as microexpression analysis and audio spectral analysis.

The results of the study may contribute to improving Kazakhstan’s criminal law, developing forensic techniques for investigating deepfake crimes, and raising awareness among experts and the public. The research concludes that deepfake technology presents a growing threat to information security and public order, complicating the process of criminal investigation and prosecution. The need for updated legislation, specialized detection methods, and international cooperation is strongly emphasized.

CRIMINOLOGICAL PROBLEMS OF DOMESTIC VIOLENCE AGAINST WOMEN

Assem Serikbolovna Tulebayeva — Wed, 01 Oct 2025 00:00:00 +0000

Domestic violence against women is a global problem, widespread throughout the world and transcending cultural and geographical boundaries. All forms of this violence lead to violations of human rights and freedoms. Domestic violence is one of the most common forms of violence that women face in their lives, and it is often much more common than physical or sexual violence by strangers or acquaintances. The main purpose of this article is to thoroughly examine the causes and factors contributing to domestic violence in order to find ways to prevent and combat this practice. The article examines the factors influencing domestic violence, crime victimology, and criminological aspects. Based on the results of the study, recommendations were given for the prevention and combating of domestic violence, what methods and approaches were used to implement these recommendations, how effective they are, as well as an analysis of the current legislation of Kazakhstan and proposed measures to prevent domestic violence.

Recommendations for the prevention of various types of violence include raising public awareness, providing support to victims and toughening penalties for offenders.

It is important to create effective mechanisms that will allow women to safely report cases of violence, as well as to conduct preventive activities among young people to prevent future violence.

The problem of domestic violence in Kazakhstan, as in other countries, requires a comprehensive approach that will include not only tightening legislation, but also changing social norms and values. Educational and social programs aimed at creating a safe and fair environment for women play an important role in this process.

CONSTITUTIONAL AND LEGAL GUARANTEES OF THE ACTIVITIES OF A JUDGE OF THE CONSTITUTIONAL COURT OF THE REPUBLIC OF KAZAKHSTAN AND FOREIGN COUNTRIES

Saulet Gazizovna Kozhakhmetova — Wed, 01 Oct 2025 00:00:00 +0000

The scientific work contains a comprehensive study of theoretical and practical aspects of ensuring legal guarantees for the activities of a judge of the Constitutional Court of the Republic of Kazakhstan (hereinafter CCRK) in comparison with countries with extensive experience in this area. Selectively, the following countries are considered: Federal Republic of Germany (a historically established Constitutional Court), the Russian Federation (historically, the Kazakhstan and the Russia were part of the Union for a long time), Poland (The Constitutional Tribunal was created under the influence of the Union, earlier than in the CIS countries). The author, using scientific methods in comparison with similar mechanisms existing in the above-mentioned countries, examines the key aspects of the main element of the status of a judge of the Constitutional Court (hereinafter CC). The main attention is paid to the analysis of the guarantee of the activity of the judge of the CC, such as independence, immunity, provision of financial and social conditions. The legal consolidation of guarantees in the Constitution and other acts in the specified countries has been studied in detail. The scientific work emphasizes that if the main guarantees of the activities of the CCRK judge are enshrined at the constitutional level, then a more detailed description of them could be in a special Law. The need for further improvement of national legislation, taking into account international experience in providing guarantees to a judge of the CC, is substantiated. Conclusions are made that sustainable legal mechanisms for protecting the status of a CC judge contribute to strengthening the rule of law and trust of society, and a number of proposals for strengthening this institution are also identified.

USING ARTIFICIAL INTELLIGENCE TOOLS AS A METHOD TO ENSURE CONSUMERS' ACCESS TO JUSTICE

Abdolla Amantay, Amanzhol Magzumovich Nurmagambetov, Arstan Nokeshevich Akhpanov — Wed, 01 Oct 2025 00:00:00 +0000

The aim of this study is to provide a scientific rationale for the use of artificial intelligence (AI) tools to improve access to justice for consumers in need of legal assistance. The relevance of the topic lies in the fact that many consumers struggle to protect their rights effectively due to a lack of legal information and the complexity of court procedures. This article explores the potential of modern AI technologies such as chatbots, online legal advisors, and algorithmic decision-making systems. The analysis identifies major challenges: low legal literacy, high litigation costs, and geographic barriers. Advantages of AI include increased accessibility, faster legal assistance, reduced costs, and minimized reliance on human intervention. However, risks such as algorithmic errors, data privacy concerns, and overreliance on automated systems are also discussed. The paper examines pilot projects in Kazakhstan (e.g., the Ministry of Justice’s legal chatbot and the virtual assistant "Aiteke" in the IPrav mobile app) alongside international best practices. The methodology includes comparative legal analysis, expert interviews, and statistical data review. The study concludes that AI integration into the legal services system significantly enhances consumers' access to justice, provided that technological infrastructure, legal regulations, and human oversight are adequately ensured.

NORMATIVE INSTITUTIONALIZATION OF CLIENT ORIENTATION IN THE PUBLIC ADMINISTRATION SYSTEM OF THE REPUBLIC OF KAZAKHSTAN: PROBLEMS AND IMPLEMENTATION PROSPECTS

Adilet Muratovich Kusherbayev, Raushan Tlegenovna Dulambayeva — Wed, 01 Oct 2025 00:00:00 +0000

The article examines the formal legal establishment of the client orientation principle in Kazakhstan’s public administration. The study aims to assess the extent of institutionalization of this principle in current legislation and strategic documents, and to determine whether existing mechanisms ensure its practical implementation. The research employs analysis of strategic programs, conceptual policy documents, and legal acts that reflect the orientation of public administration toward citizen needs. The analysis shows that the client orientation principle is affirmed in high-level policy documents (e.g., the “Kazakhstan–2050” Strategy, the Public Administration Development Concept until 2030, the Civil Service Development Concept 2024–2029) and in certain laws (for example, the Law “On Public Services”), but its legal institutionalization remains fragmented. The study pays special attention to digitalization as a tool for implementing a client-oriented approach. It finds that the digitalization of public services is often limited to technical improvements without a fundamental rethinking of public service goals and principles. The need to distinguish between individual and public interests in designing government services is substantiated, along with the institutionalization of citizen feedback mechanisms and consideration of citizen opinions in evaluating government performance. Practically, the findings can inform legislative reforms and the introduction of client-oriented mechanisms in the public sector. It is concluded that client orientation is only partially realized in Kazakhstan’s public administration, and recommendations are provided to strengthen the regulatory framework to transform this principle from declarative to effective.

ANTHROPOCENTRIC APPROACH AND THE TRANSFORMATION OF THE LEGAL SUBJECT IN THE DIGITAL AGE: CHALLENGES FOR LABOR LAW

Dinara Bagdatovna Razieva — Wed, 01 Oct 2025 00:00:00 +0000

Recent advances in artificial intelligence and robotics have led to the emergence of technological solutions capable not only of performing tasks, but also of making autonomous decisions, adapting to changing conditions, and interacting with other entities. In this regard, researchers are faced with the question of whether such systems can be recognized as subjects of law.

This study is based on the anthropocentric approach, according to which the human being is recognized as the highest value and the primary reference point for legal regulation. By applying philosophical-anthropological, comparative legal, and functional-analytical methodologies, the author explores the limitations of traditional legal understanding in the digital era and argues against the recognition of intelligent agents as subjects of labor law. The focus is placed on preserving the ontological and legal primacy of the human in new labor formats, while proposals are formulated for the normative designation of intelligent systems as tools of labor. The article substantiates the need to modernize labor legislation to ensure the safety, sustainability, and ethical nature of human–technology interaction.

The author draws special attention to the risks associated with replacing the human being in the legal regulation of labor and presents scientific concepts that allow for the possibility of creating “techno-subjects.”

The article substantiates the need to legally define intelligent systems as tools of labor and proposes specific amendments to the Labor Code of the Republic of Kazakhstan aimed at regulating the safety of interaction with intelligent and robotic systems.

It is concluded that the adaptation of labor law should be based not on the rejection of anthropocentrism, but on its conceptual renewal. The human being must remain the central figure of the legal system, while technology should serve as a means of realizing human labor potential.

MODERNIZATION OF LEGAL AND SOCIO-CULTURAL VALUES DURING THE TRANSFORMATION OF THE LEGAL SYSTEM

Zaure Karimovna Ayupova , Daurenbek Umirbekovich Kussainov — Wed, 01 Oct 2025 00:00:00 +0000

This article undertakes a comprehensive reflection on the impact of the modernization of value orientations - legal, moral, and cultural - on the legal system of the Republic of Kazakhstan. Particular attention is given to the analysis of recent constitutional reforms, which have become an integral part of the state initiative known as “New Fair Kazakhstan”. The focus is placed not only on institutional transformations but also on the deeper processes of public consciousness transformation related to the rethinking of fundamental values, rights, and freedoms.

One of the key aspects considered within this topic is the gradual process of decentralization of state power. This is reflected in the efforts to strengthen the role of Parliament, expand its legislative and oversight functions, and increase the accountability of state bodies to society. Such measures appear aimed at creating a more transparent, responsible, and citizen-oriented legal system.

This is reflected in the desire to enhance the role of Parliament and political parties, civil society institutions, expand its legislative and oversight functions, as well as increase the level of accountability of government agencies to society. Such steps seem to be aimed at creating a more transparent, responsible and citizen-oriented legal system.

In the context of the current stage of Kazakhstan’s development, these changes are also associated with the strengthening of national identity, which, in turn, is an important element in the context of globalization. At the same time, there is a steady course towards further deepening of market reforms and economic modernization. The need to find and maintain a balance between the preservation of traditional cultural and historical values and active integration into the global community is emphasized.

Based on the domestic experience, the article addresses the accumulated material of the evolution of theoretical and methodological provisions of the study of the structure of the legal system and some approaches to the legal policy of the state.

At the same time, the article stresses the importance of critically assessing foreign experience and taking into account the cultural, historical, and mental specificities of Kazakhstani society.

GEOLOGICAL INFORMATION - A SPECIAL OBJECT OF CIVIL RIGHTS

Sara Kimadievna Idrysheva — Wed, 01 Oct 2025 00:00:00 +0000

The subject of the research in the article is the norms of legislation on the subsoil of some CIS countries with the most similar approaches to the legal regulation of public relations; and doctrinal sources devoted to geological information. The purpose of the scientific work is to substantiate the thesis on the status of geological information about the subsurface as a special object of civil rights and to identify the features of the institution under study that confirm the stated thesis.

In this regard, the methodology of scientific research includes a set of general scientific (systemic, structural-functional, historical, analysis and synthesis), specific scientific (comparative-legal) and special (formal-legal, interpretation of legal norms) methods.

The results of the work are based on the purpose of the scientific research and represent the provisions substantiated by the author on the features of the object under consideration, inherent only to this category of civil rights objects. Many of the provisions considered in the article were not the subject of research in the doctrine of the CIS countries and Kazakhstan in particular.

The obtained results of the scientific study on the gaps in the legal definition of geological information, the identified features and justifications for its inextricable connection with the property rights of the state enrich the existing achievements of the science of civil law and related industries; can serve as a basis for improving the legislation of the CIS countries on the issues considered; create a basis for further scientific research.

Conclusions: geological information is an ordered system of information resources on strategic objects of particular importance for ensuring national, including economic security, stored in state databases and provided with state control. Of particular importance in civil circulation is documented geological information, the features of which are not sufficiently developed in the legal doctrine.

LEGAL MECHANISMS FOR INTRODUCING ENVIRONMENTAL CRITERIA INTO PUBLIC-PRIVATE PARTNERSHIP PROJECTS

Marat Amradinovich Alenov, Yerbol Abayevich Dyussenov — Wed, 01 Oct 2025 00:00:00 +0000

The article is devoted to the topic of public-private partnership (hereinafter – PPP) and the issues of introducing environmental criteria into joint projects implemented in this area. On the topic, a review of the current legislation and an analysis of the relevant provisions of the Law of the Republic of Kazakhstan «On Public-Private Partnership» are conducted. When covering the issues of the topic, attention is paid to the norms of the Environmental Code of the Republic of Kazakhstan on the criteria for assessing the impact of economic activity on natural processes.

The authors believe that in matters of partnership, the activity of state and business structures is necessary, which requires effective legal instruments. As the most effective implementation of environmental criteria, it is proposed to detail environmental provisions in the texts of partnership agreements. The authors show how this should look in the agreements and what positive effect can be expected in this case.

The article uses data provided by the Kazakhstan Center for Public-Private Partnership in open sources. On the issues raised by the Center, the author's position on the environmental segment of the agreements is presented. The authors believe that the opinion that the problems of implementing projects carried out on a partnership basis are related to the quality of the documents being developed, among which the contract occupies a key place, is justified.

Specific examples show what can happen when the legislation or individual provisions change. Environmental criteria for assessing an event or phenomenon remain unchanged, as a rule, but the attitude of project participants, especially representatives of authorized bodies, towards them may change. This may happen when changes in legislation have occurred during at stage of contract execution. The authors provide a justification for their position regarding the content of the contract, but believe that it is difficult or impossible to develop a universal (standard) version. The article contains the authors' conclusions regarding the criteria by which partnership contracts should be assessed, and what information is important for studying previously concluded and executed public-private partnership contracts.

LEGAL RISKS WHEN CONCLUDING PUBLIC PROCUREMENT CONTRACTS

Wed, 01 Oct 2025 00:00:00 +0000

In this article, the authors theoretically and practically examine the issues of legal risks when concluding public procurement contracts, identify the main ones, explain the patterns of their occurrence and suggest ways to minimize them.

The purpose of the article is to identify the main legal risks when concluding public procurement contracts. The main objective of the article is to propose ways to reduce legal risks by analyzing practice and current legislation.

Brief description of the scientific and practical significance of the work. The growing interest of scientists in the object of research raises many questions that require research to solve complex problems. At the same time, for legal doctrine it is important to study the legal risks when concluding public procurement contracts from a theoretical point of view. Research in a scientific article can help prevent malpractice in practice.

Brief description of the research methodology. This research work requires a comprehensive analysis, therefore, during the study, empirical and theoretical methods of general and special scientific research are systematically used.

Main results and analysis, conclusions of the research work. As a result of the study, the main legal risks were identified and systematized, and experience was analyzed. The article shows the conclusions on the improvement of legislation in the field of public procurement, which also contributes to the improvement of legal culture.

The value of the research is that the results of the study can be used in lectures on branches of civil law and as scientific material for academic researchers.

Practical significance of the results of the work. Representatives of customers carrying out public procurement and representatives of control authorities can use the results of the work in their daily activities.

COMPARATIVE ANALYSIS OF THE LEGISLATION OF KAZAKHSTAN AND GEORGIA IN THE FIELD OF OCCUPATIONAL SAFETY IN HARMFUL AND DANGEROUS INDUSTRIES

Wed, 01 Oct 2025 00:00:00 +0000

Occupational safety at enterprises with harmful and dangerous conditions is a key priority of state policy in protecting workers' rights. Effective legislative regulation helps reduce occupational risks, improve working conditions, and ensure social guarantees. This article provides a comparative analysis of the labor protection legislation of Kazakhstan and Georgia, incorporating empirical observations from a foreign scientific internship.

The study aims to identify similarities and differences in regulating working conditions, safety measures, and compensation mechanisms. It examines employer obligations, state control, and social guarantees, including occupational risk insurance, benefits, and early retirement. Additionally, compensation mechanisms for workplace accidents and legal accountability for labor protection violations are analyzed.

The study's scientific significance lies in comparing legal norms, assessing compliance with international standards, and identifying areas for legislative improvement. The practical significance is in applying findings to modernize Kazakhstan's labor protection system and enhance social protection mechanisms.

The study employed the comparative legal method, analysis of regulatory acts, as well as systemic and structural analysis. Differences were identified in the degree of state control, the level of employer responsibility, and the procedures for investigating occupational accidents. Prospective directions for modernizing Kazakhstan’s legislation were defined, taking into account the positive reform trends implemented in Georgia since 2018, such as the introduction of a risk-based approach, strengthening the role of employers, and harmonizing national legislation with European standards.

The results of the study may be useful for lawyers, occupational safety specialists, trade unions, employers, and government authorities involved in labor law and social policy. The conclusions and proposals formulated in the article can contribute to improving occupational safety legislation, minimizing professional risks, and enhancing the level of worker protection.

SUCCESSION OF SHARES IN A POLISH LIMITED LIABILITY COMPANY: A COMPARATIVE PERSPECTIVE

Kacper Boś — Wed, 01 Oct 2025 00:00:00 +0000

This paper aims to conduct a analysis of the process of succession of shares in Polish limited liability company (spółka z ograniczoną odpowiedzialnością) from a comparative perspective. The comparative study is based on German and US regulations concerning the companies which in their characteristics most closely resemble Polish limited liability company. Under German law it is the Gesellschaft mit beschränkter Haftung, whereas under US law – the Limited Liability Company, regulated by the Revised Uniform Limited Liability Company Act, which has been adopted in numerous US states. The analysis in this paper leads to a conclusion that the solutions concerning the succession of shares in limited liability company applied in the Polish legal system seem to lie between the German and American regulations. Unfortunately, Polish regulation ultimately also proves to be incomplete due to a very laconic formulation of art. 183 of Polish Commercial Companies Code, which leads to many considerable legal issues. One of the most significant of these is issues it the legal nature of the sp. z o.o.-share, which in the doctrine and the judiciary is considered a ‘relatively heritable right’. The comparative analysis conducted in this paper suggest that it would be desirable to change the Polish regulation and opt for the mandatory inheritance of shares, as it is in German law.

IS IT POSSIBLE TO REPOSSESS MOVABLE PROPERTY THROUGH A NOTARIAL WRIT OF EXECUTION, OR JUST ANOTHER LEGISLATIVE OVERSIGHT?

Gulshat Omirserikovna Takisheva — Wed, 01 Oct 2025 00:00:00 +0000

This article addresses the issue of practical implementation of Article 92-1 of the Law of the Republic of Kazakhstan "On Notariat," which allows for the recovery of movable property through a notary's enforcement inscription. Although this legal provision has been in force since 2016, notarial practice shows an almost complete lack of its application in practice.

The article analyzes the reasons behind this situation, which stem from significant gaps in current legislation and the absence of a clearly regulated procedure necessary to carry out the recovery of movable property. In notarial practice, difficulties arise both from legal uncertainty regarding the procedure for recovering movable property and from the inability to objectively determine the market value of the property for the calculation of the notarial fee.

The author draws attention to the legal conflicts between the Laws of the Republic of Kazakhstan “On Notariat” and “On Financial Leasing,” which place notaries and creditors in a deadlock. This issue is further complicated by the legal nature of financial leasing agreements, which are multilateral contracts combining elements of both sales and lease agreements. The disputable nature of leasing agreements, their subject matter, the rights and obligations of the parties, and liability measures have repeatedly sparked discussions in legal literature, casting doubt on the “undisputed” nature of claims required for the execution of a notarial enforcement inscription.

The author concludes that urgent legislative amendments are needed to eliminate existing gaps and contradictions. It is proposed to develop separate provisions regulating the procedure for executing enforcement inscriptions on claims related to the recovery of movable property, as well as to establish a mechanism for determining and collecting notarial fees. Addressing these shortcomings will enhance the possibilities for extrajudicial debt recovery and improve the effectiveness of the notarial enforcement inscription.

PROFESSIONAL LIABILITY INSURANCE OF MEDICAL PROFESSIONALS AS A MECHANISM FOR PROTECTING THE RIGHT TO HEALTH PROTECTION

Zhanna Urumbasarovna Tlembayeva — Wed, 01 Oct 2025 00:00:00 +0000

The article examines the legal basis for professional liability insurance of medical professionals as an effective mechanism for protecting the right to health protection. The author focuses on the specifics of medical activities associated with the risks of harm to patients' health, which can be caused not only by professional violations, but also by other subjective and objective factors (for example, poorly understood diseases, poor material equipment of clinics, etc.). A review of professional liability insurance systems for medical professionals in developed foreign countries is conducted. An analysis of the best practices of medical personnel insurance in various countries shows that despite differences in approaches to regulation, it is aimed at protecting doctors from financial risks and ensuring guaranteed compensation for harm caused to the health or life of patients.

The article analyzes the conditions for professional liability insurance for harm caused in the provision of medical services, the features of the professional liability co-insurance agreement for medical professionals, and its content. The author's definitions of terms related to professional liability insurance for medical workers are given. Particular attention is paid to the characteristics of the insurance object, the insurance event, which are considered in the context of the objectives of professional liability insurance. Based on the analysis of domestic and foreign insurance systems, the author identifies the main advantages and opportunities for professional liability insurance of medical professionals in Kazakhstan. It is concluded that the insurance rules established by law (mandatory nature of insurance, establishment of the amount of insurance premiums and insurance payments, the presence of an independent body for reviewing patient complaints about compensation) are aimed at ensuring fairness and transparency of insurance procedures. The problems of legislation and practice of applying the new type of insurance are identified, and ways to solve them are proposed.

ANALYSIS OF CONDITIONS OF DETENTION OF WOMEN IN PLACES OF IMPRISONMENT: NATIONAL LEGISLATION, INTERNATIONAL STANDARDS AND PRACTICAL RECOMMENDATIONS

Assel Gabidenovna Kazbayeva — Wed, 01 Oct 2025 00:00:00 +0000

The article presents a comprehensive analysis of the legislation of the Republic of Kazakhstan regulating the conditions of detention for women in places of deprivation of liberty, including women with minor children. The author examines the degree of compliance of national legal acts with international standards, including the United Nations Standard Minimum Rules for the Treatment of Prisoners (Nelson Mandela Rules), the Bangkok Rules, and the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW).

The Penal Execution Code of the Republic of Kazakhstan provides for special conditions of detention: enhanced food rations, access to medical care, adapted living conditions, and social support measures. However, monitoring results show that these guarantees are only partially implemented in practice. Correctional facilities face limited funding, a shortage of qualified personnel, and poor sanitary conditions. These issues are particularly acute for pregnant women and mothers with children.

There is also serious concern regarding the limited access to mechanisms of parole and the replacement of sentences with more lenient forms. Although such measures are provided for in Articles 72 and 73 of the Criminal Code of the Republic of Kazakhstan, their application is hindered by the mandatory requirement of full compensation for material damage. For women without financial support, this requirement becomes an insurmountable barrier, depriving them of a real chance at early release.

Thus, despite the existence of formal legal guarantees, their practical implementation with respect to women requires systemic improvement. Enhancing the effectiveness of law enforcement, improving detention conditions, and eliminating social barriers are key steps toward aligning national practices with international standards.

THE STABILITY OF LEGISLATION AND THE ROLE OF LEGAL MONITORING

Leila Koshkenovna Amandykova, Arai Yerzhan, Mereke Konyskhanovna Zhurunova — Wed, 01 Oct 2025 00:00:00 +0000

The current requirement is that the legal system of any State should be updated and systematically analyzed. In the context of the rapid development of society and the economy, it is necessary to ensure the stability of legislation and its readiness for new changes and compliance with the requirements of law enforcement practice. In this case, the stability and effectiveness of legislation can be determined through legal monitoring. From this point of view, the annual adoption and increase in the number of new regulatory legal acts, which in turn generate contradictory, repetitive norms and gaps, increases the relevance of legal monitoring. As the most frequent problems of legal monitoring, it is necessary to take into account not only frequent changes in laws, but also some difficulties that law-abiding acts bring to the life of society, the application of international standards of the legal system, which make it difficult to conduct legal monitoring, and not only domestic legislation.

The absence of scientific novelty in newly adopted subordinate acts, as well as the preservation of previous versions without substantial changes, contributes to formalism in rule-making. This approach, in the absence of comprehensive legal monitoring, lowers the quality of legislation and has a negative impact on law enforcement practice.

Therefore, the purpose of this article is to study the current state of this process, identify shortcomings and provide a way to solve them in order to ensure respect for and inviolability of human rights by ensuring the stability of legislation.

To achieve this goal, the rules of legal monitoring are analyzed, which specifically regulate issues of legal monitoring. As a result of the analysis, problematic issues are identified, such as the scale of the list of objects of legal monitoring, the lack of methodological principles and signs of monitoring, as well as compliance with a formal approach, and the authors' conceptual proposals on these issues are presented.

CONSTITUTIONAL ENSHRINEMENT OF THE RIGHT TO APPEAL TO INTERNATIONAL HUMAN RIGHTS BODIES: FOREIGN PRACTICE

Arlan Almassuly, Yerbol Mussinovich Abaideldinov — Wed, 01 Oct 2025 00:00:00 +0000

The scientific article presents a study of the practice of constitutional enshrinement of the right to appeal to international human rights bodies in a number of states, the development of this constitutional norm within domestic law, and the interaction of states with international human rights bodies.

The study includes a comparative analysis of the implementation practices of decisions made by international human rights bodies in states where the right to appeal to these bodies is constitutionally enshrined and those where it is not. Based on the analysis, a conclusion is drawn about the effectiveness of constitutional enshrinement of the right to appeal to international human rights bodies as a political and legal guarantee that ensures the consideration and implementation of decisions made by these bodies.

The article also examines theoretical and practical aspects of the implementation of the right to appeal to international human rights bodies. Additional patterns arising from the constitutional enshrinement of this right have been identified.

In conclusion, the article formulates the main finding of the study, which states that the constitutional enshrinement of the right to appeal to international human rights bodies reflects the political stance of a state genuinely committed to ensuring and protecting human rights within its territory. Furthermore, it has been revealed that this approach enhances the realization of the right, particularly through raising citizens’ awareness and improving the state’s regulatory framework.

PARENT-CHILD RELATIONSHIPS: COMPARATIVE LEGAL ANALYSIS OF RUSSIAN AND FOREIGN LEGISLATION

Maria Vladimirovna Gromozdina — Wed, 01 Oct 2025 00:00:00 +0000

Russian and foreign family legislation share many common provisions regarding the regulation of parent-child relationships. The essence of these provisions is that during childhood, legal norms assign obligations to parents and rights to children. However, adult children also bear certain obligations arising from their legal relationship with their parents, though these are not unconditional and require judicial assessment—such as in cases where children are required to pay alimony for the support of their parents. Based on this, it follows unequivocally that a minor child holds a determining position in the parent-child relationship system.

Although parent-child relationships worldwide are regulated by largely similar norms in substance, there are also differences, some of which will be discussed further. It appears that the most legally complex issues involve child-rearing and disputes between parents, including in cases of divorce and separation, as well as determining the child’s opinion on matters affecting their interests, parental rights termination, and other related matters.

For a comparative analysis of current family legislation in Russia and abroad, the author examined the legal acts of Kazakhstan, Belarus, Armenia, the United Kingdom, and other countries. As a result, the author reasonably concluded that the family laws of post-Soviet states share more similarities in their legal nature and regulation than with the norms of European legislation.

THE HAGUE CONVENTION ON THE CONFLICT OF LAWS CONCERNING THE FORM OF TESTAMENTARY DISPOSITIONS (OCTOBER 05, 1961): THE NEED FOR RATIFICATION IN THE REPUBLIC OF KAZAKHSTAN

Assel Bulatkazіyevna Zhanabilova — Wed, 01 Oct 2025 00:00:00 +0000

The adoption by Kazakhstan of the Hague Convention on the Conflict of Laws concerning the Form of Testamentary Dispositions of October 5, 1961, is an urgent task in the context of growing cross-border mobility of citizens and an increase in the number of inheritance cases with a foreign element. Currently, Kazakhstan's lack of participation in international inheritance conventions creates conflicts between the legal systems of different countries, which leads to legal uncertainty and difficulties for citizens.

This article substantiates the need for Kazakhstan's accession to the 1961 Convention. The paper examines the specifics of the regulation of wills in various legal systems, including the legislation of Kazakhstan, Germany, France and Italy. It is emphasized that, despite the common features, each state has its own specifics in regulating hereditary relations, which necessitates the unification of conflict-of-laws rules.

The provisions of the 1961 Convention are analyzed in detail, in particular, its flexible conflict-of-laws bindings (place of making a will, nationality, domicile, habitual residence of the testator, location of immovable property), which contribute to the recognition of the validity of wills on formal grounds.

The article also examines the potential risks associated with the implementation of certain provisions of the Convention, such as the uncertainty of the concept of "habitual residence" or issues of dual citizenship. To minimize these risks, it is proposed to use the reservations provided for in the Convention (articles 9, 10, 11 and 12), allowing its provisions to be adapted to Kazakh legislation.

The conclusion concludes that it is advisable for Kazakhstan to ratify the 1961 Convention in order to strengthen the legal protection of citizens, increase legal certainty and simplify international cooperation in the field of inheritance law. In the future, it is recommended to consider joining the Convention on the International Registry of Wills to increase the transparency of inheritance procedures.

KAZAKHSTAN'S COOPERATION WITH FOREIGN COUNTRIES IN THE FIELD OF COMBATING ENVIRONMENTAL CRIMES

Bakytgul Shaimerdenovna Ismailova — Wed, 01 Oct 2025 00:00:00 +0000

Human influence on the environment in most cases has negative consequences. The development of scientific and technical research and various technologies can also lead to a violation of the ecological balance in the relevant territory. Timely response to such changes in the environment is the goal to create favorable conditions for people to live. The paper examines the issues of interaction of the international community regarding the implementation of joint policies in the field of combating environmental crimes. At the same time, statistical data on environmental crimes committed in Kazakhstan over the relevant time are provided in order to determine the damage caused to the state, individuals and legal entities. In addition, national criminal and criminal procedure legislation is undergoing changes due to the increased impact of various human activities on the environment, on natural objects or on individual natural resources. In this regard, cooperation with various foreign countries is of particular importance in order to form common approaches to bringing to justice in the field of combating environmental crimes. The article presents international documents according to the time of their development and adoption, as well as the directions in which the interaction of countries in the field of legal relations under study can be most effective. In particular, regarding the development of international documents and a mechanism for their implementation by the subjects of the world community. As an evidence base, examples of the practice of other states are given, as well as a comparison with the law enforcement practice of the judicial authorities of Kazakhstan. Of great importance in cooperation is the work with international organizations whose activities are directly related to the fight against environmental crime.

HUMAN RIGHTS PROTECTION MECHANISMS: INTERNATIONAL STANDARDS AND NATIONAL PRACTICE OF KAZAKHSTAN

Wed, 01 Oct 2025 00:00:00 +0000

This article investigates how international human rights monitoring bodies affect domestic human rights systems through an examination of the Republic of Kazakhstan. The research investigates the ongoing discrepancy between Kazakhstan’s international legal commitments and its domestic human rights standard implementation. The study investigates international human rights oversight mechanisms as its main subject while analyzing Kazakhstan’s responses to UN Human Rights Committee and Committee against Torture and Universal Periodic Review (UPR) recommendations through institutional and legal frameworks. The research evaluates the impact of international monitoring systems on domestic legal and institutional changes and determines the elements which influence their execution. The study uses a combination of comparative legal analysis, teaching studies and institutional methods for studying specific situations, as well as data from United Nations documents, Kazakh legal sources, scientific publications and civil society reports.

This article shows that Kazakhstan has achieved progress through treaty ratification and Ombudsman institution creation, yet practical execution remains restricted. The fundamental obstacles regarding freedom of expression together with association rights and movement freedom and domestic violence protection continue to exist. The success of international monitoring depends on political will together with independent institutions and active civil society involvement. The research adds to knowledge about transnational legal influence and provides useful recommendations to boost national compliance. Its results provide valuable information to policymakers together with legal scholars and human rights advocates who want to boost international monitoring effectiveness in hybrid or transitional legal systems.

ORGANIC AGRICULTURE IN THE LEGAL FRAMEWORK OF THE REPUBLIC OF KAZAKHSTAN AND PEOPLE’S REPUBLIC OF CHINA: REGULATION, STANDARDS AND BARRIERS

Wang Dalin, Lyazzat Begimzhanovna Nyssanbekova — Wed, 01 Oct 2025 00:00:00 +0000

This article presents a comprehensive comparative-legal analysis of the regulation of organic agriculture in the Republic of Kazakhstan and the People’s Republic of China within the context of global demand for sustainable production and environmentally safe food systems. The study focuses on a comparative analysis of legal norms governing the certification, standardization, and export of organic products in these countries, as well as identifying institutional and procedural barriers hindering effective bilateral trade. Particular attention is paid to identifying institutional and regulatory barriers impeding bilateral trade in organic products between the RK and China.

The authors examine the dynamics of the organic sector’s development in Kazakhstan, including state support measures, legislative initiatives, and the growth of certified farming systems. It is revealed that while internal regulation is actively progressing, Kazakhstan faces challenges in adapting to international standards (Codex Alimentarius, IFOAM) and China’s strict certification requirements (COPC). The analysis shows that despite advancements in legal framework development, Kazakhstan encounters obstacles, including the need to align with international standards and Chinese certification norms, which are often more rigorous.

China’s legislation is analyzed as a highly standardized and digitized system ensuring strict control over the domestic market and import of organic products. Using a comparative approach, the study assesses the specifics of foreign economic operations, the impact of subsidies, the role of national standards, and institutional support. The conclusion formulates practical recommendations for harmonizing legal approaches and eliminating barriers to organic product trade between the two countries.