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

SYNTACTIC FEATURE OF LEGISLATIVE TEXTS

Zhantas Altayevich Zhakupov, Bolat Keneluly Syzdyk — Mon, 30 Jun 2025 00:00:00 +0000

The article is devoted to the analysis of linguistic approaches of legal technology. Within the framework of linguistics, legal linguistics deals with legal technology. In Kazakh legal linguistics, there is only the experience of forensic examination. And in legal linguistics, the state language has not yet become an object.

In legal technology, there is an opinion that the text of the law has the form of a complex syntactic whole. The compilation of texts of laws in the official language coincides with the syntactic and stylistic figure of the period. Therefore, it is important to show the linguistic features of the period. The period is formed both as a simple sentence and as a complex sentence. The legal texts themselves are constructed in the form of a period.

The period is also used in all styles of the literary language. Among them, it is noted that in the official-business style, in legal texts, it is effective and very often used. The articles of the law themselves are in thematic places in the period, and its sections serve as narrators. This is reflected in the enumeration of sections, paragraphs, and the fact that the enumerated parts function as members of a single syntactic unit.

The kazakh equivalent of the period, its constituents protasis and apodasis have not been established yet.

A proposal has been made regarding the textual formatting of the period in legal texts: since parts of the protasis are written in combination with the apodosis, it becomes clear that they complicate perception and the overall pragmatics of the text, hindering, in particular, easy comprehension. Therefore, we believe that the second part of the protasis should be written on a new line, without inserting a paragraph after the listed apodosis. This would make it more noticeable and its perception faster and easier.

THE SCIENCE OF THE HISTORY OF POLITICAL AND LEGAL DOCTRINES AS THE FOUNDATION OF JURISPRUDENCE

Elizaveta Alexandrovna Frolova — Mon, 30 Jun 2025 00:00:00 +0000

The article reveals the content and significance of the history of political and legal doctrines as a science of fundamental jurisprudence. For the history of political and legal doctrines, the concept of "doctrine" is of decisive importance, which presupposes the presence of a certain structure: logical and theoretical (methodological) basis, content and program. The triad of these parts of the doctrine is interconnected, which allows each creation in the field of political and legal ideology to be assessed from the point of view of logic, factual validity, reliability of conclusions, and also taking into account the value component of the doctrine.

The history of political and legal doctrines is a historical science. The study of political and legal concepts occurs against the background of immersion in the historical events of the era - to assess the content of the doctrine, it is important to understand the social and political conditions of its formation, as well as the external circumstances affecting its subsequent transformation.

The history of political and legal doctrines is not only a historical science, but also a systematic one. Studying the features of the legal consciousness of the era, it forms systemic approaches to solving socio-political problems. This science is not a cumulative process of accumulation and transmission of knowledge. Despite the abundance of factual material in the history of political and legal doctrines, there is no summation of ideas. Analyzing the doctrine, it cannot be said that a later theoretical thought is obviously more significant, more significant, more progressive than the previous one. The science of the history of political and legal doctrines creates models of theoretical knowledge of the state and law - all political and legal doctrines are of interest as options for alternative legal thinking, the validity and relevance of which is confirmed by the degree of demand at a particular historical stage of development of society, law, and state. Understanding the essence of political and legal reality and knowing the mechanisms for solving similar problems in previous eras, one can not only evaluate specific historical doctrines, but also create paradigms for changing the existing political and legal system.

LEGAL VALUES: RESEARCH BY SCIENTISTS IN THE POST-SOVIET SPACE

Gulnar Ishanbekovna Arginbekova — Mon, 30 Jun 2025 00:00:00 +0000

The essential ideas, standards, and precepts that direct the creation, interpretation, and enforcement of laws within a legal system are referred to as legal values. These principles influence the content of laws and the way justice is administered, providing the moral and ethical framework on which legal systems are constructed. Legal values is an area of interest not only in legal sciences, but also in many areas of social and humanitarian sciences. By engaging with legal values from multiple perspectives, scientists can deepen our understanding of their significance in shaping legal systems, social norms, and the broader fabric of human societies. In accordance with these conclusions, the article presents an analysis of research by scientists in the post-Soviet space related to the concept of legal values.Scientists from all across the world have researched the idea of legal values extensively. However, the concept of legal values in its whole has received little attention from domestic academics as well as scientists in the former Soviet Union. 177 materials were discovered when the keyword “legal values” was searched in the Web of Science Core Collection. Among these materials, 39 scientific articles belong to Russian and Ukrainian scientists. Research using this keyword has been published since 2016. The conclusions of the article were made on the basis of 8 materials. As a result of the study, the author came to the conclusion that published research by scientists on legal values contributes to a deeper understanding of the legal system and its social scene.

SOME LEGAL ISSUES OF COMPLIANCE WITH TERMINOLOGICAL SEQUENCE IN THE CIVIL LEGISLATION

Mon, 30 Jun 2025 00:00:00 +0000

One of the main goals of normative activities in each state is to ensure the quality and stability of the adopted legal acts. This makes it possible to create an effective and predictable legal system that contributes to the development of the country, the protection of the rights and interests of citizens, and also ensures justice and legality in society. This article discusses the results of the examination of versions of the text in Kazakh and Russian in the general and special part of the Civil Code of the Republic of Kazakhstan. The authors pay attention to the observance of the sequence of terms in the texts of the law in the field of civil law in the state language. An example of the poor quality of the norms of the law in the state language is the incorrect translation from a foreign language of legal terms introduced into national legislation. In addition, the article makes proposals for legislative acts in Kazakh language and general conclusions on poor-quality translation of texts of state laws. Also, when developing legislative acts in the state language, the results of improving legal technology will be summed up, since it is necessary to observe the consistency of terminology and prevent the use of several terms related to one concept. This includes summarizing the use of uniform terminology, as well as avoiding duplication and ambiguity of terms related to the same concept. Adherence to consistency and clarity in the use of terms contributes to the understanding and application of laws, ensuring their effective functioning. The purpose of the research is to analyze the texts of the civil code in the state language in order to determine the quality of civil law norms. Such analysis will help to identify the degree of clarity, accuracy, logic and consistency of regulations, which is essential to ensure the effectiveness of the application and understanding of civil law legislation.

TAX PLANNING AND THE NEED FOR ITS NORMATIVE-LEGAL REGULATION IN THE LEGISLATION IN ORDER TO DISTINGUISH BETWEEN LEGITIMATE TAX BEHAVIOR OF TAXPAYERS AND TAX OFFENSES

Tomiris Sailauovna Smagulova , Evgeny Viktorovich Porokhov — Mon, 30 Jun 2025 00:00:00 +0000

The article is devoted to the analysis of tax planning as the main tool of tax liability management and the necessity of its detailed normative-legal regulation in the legislation in order to distinguish between legitimate tax behavior of taxpayers and tax offenses. In the conditions of globalization of the economy, constant changes in tax legislation and practice of law enforcement, the issues of tax planning acquire special importance for the effective organization of financial and economic activities of physical and legal entities. Tax planning by its very structure is a rather complex behavior of a taxpayer, as it includes a number of different actions related to the taxpayer's assessment of all possible variants of his expected tax liabilities depending on the decisions taken by him in the course of his financial and economic activities. The essence of tax planning is the development of a set of measures aimed at the development and adoption of managerial decisions in the field of finance of the organization in order to optimize its tax expenditures by legal methods. However, despite the opportunity to use legal methods of tax planning, taxpayers use «borderline» methods of tax planning, which are on the verge of a tax offense, or illegal methods to optimize tax liabilities. Based on the analysis of international and national tax legislation, as well as practices regulating issues of legal and illegal behavior of the taxpayer in the implementation of tax planning of its financial and economic activities, the authors have analyzed the types of tax behavior used by the taxpayer in the planning of its financial and economic activities, identified the peculiarities and characteristics of legal and illegal methods of tax planning, as well as determined the definition of legal and illegal methods of tax planning. In the course of the study, the authors proposed recommendations for the improvement of tax legislation.

CLIMATE LAW OF KAZAKHSTAN: LEGAL ANALYSIS AND WAYS TO IMPROVE DECARBONIZATION REGULATION

Mon, 30 Jun 2025 00:00:00 +0000

Currently, many countries, including Kazakhstan, are at a stage that requires significant transformations in their economic models, including aspects related to ecology and climate. The recent approval of two key documents in climate policy (the Strategy for Achieving Carbon Neutrality of Kazakhstan by 2060 and the Updated Nationally Determined Contribution under the Paris Climate Agreement) highlights the need for a detailed analysis of the legal framework and practical challenges, considering the updated tasks in the field of decarbonization. The main objective of this study is to identify the key political and legal obstacles facing Kazakhstan in fulfilling its international commitments towards achieving carbon neutrality. Based on the study of relevant normative and strategic documents, the paper identifies existing problems and potential prospects for improving the legal regulation in this area. The analysis shows that at this stage, Kazakhstan’s legal framework does not contain clearly developed long-term plans (roadmaps) for implementing decarbonization goals, which complicates the implementation of climate policy. The following problem areas were also identified: lack of transparent mechanisms for the allocation of greenhouse gas emission quotas, weak harmonization with international law, insufficient institutional coordination, lack of legal incentives for business, and mechanisms for public involvement. Furthermore, some decarbonization measures conflict with current government programs, such as initiatives to increase the extraction of hydrocarbons. Given the similarity of challenges in decarbonization regulation in other countries, this study, based on Kazakhstan's experience, contributes to a deeper understanding of these issues and the search for solutions.

FEATURES OF THE LEGAL STATUS AND ACTIVITIES OF A MEDIATOR IN THE REPUBLIC OF KAZAKHSTAN

Spatay Altynbekovich Sartayev, Manshuk Zhenisbayevna Kalshabaeva — Mon, 30 Jun 2025 00:00:00 +0000

The problem of alternative dispute resolution in Kazakhstan at a new stage of development is a very complex, large-scale and interdisciplinary issue.

As methods of resolving disputes, alternative procedures can be defined as a form of extrajudicial protection of rights that has arisen and is actively used today in all economically developed countries of the world. Alternative methods of dispute resolution, such as negotiations, mediation, and participatory procedures, are enshrined in the Law, but they have not become widespread in practice yet.

Among them, the most pressing issue of the legal regulation of mediation is the determination of the legal status of the mediator. Because the mediator is an important, central subject of conciliation procedures. A mediator (translated from Latin medius - middle, center; Latin mediator - intermediary) is a specialist invited to influence and assist in resolving conflicts that have arisen between people and organizations and require resolution through the mediation procedure. The mediator does not express his opinion and views on the methods of resolving the dispute, on the process and does not make decisions on the dispute. This helps the disputing parties reach a mutually acceptable solution. The effectiveness of alternative methods of conflict resolution largely depends on the level of qualifications of the mediator.

In this regard, the article analyzes the legal status and features of the activities of the mediator as the central figure of mediation. The article provides a comparative overview of the legal status of the mediator and the features of mediation procedures in accordance with the laws of the USA, Germany, Georgia, etc. An attempt is made to identify legal and practical problems and ways to solve them related to the legal status of the mediator.

FORENSIC CHARACTERIZATION OF CYBER ATTACKS

Nurgul Baitokovna Kubanova — Mon, 30 Jun 2025 00:00:00 +0000

In today's world, information technology plays a key role in the functioning of society. The development of the Internet and digital communications has opened up new opportunities, but has also led to an increase in the number of cyber-attacks that pose a serious threat to any organization, regardless of its size and industry. Cyberattacks are a specific type of crime that require special attention and approaches to solve and prevent them. Currently, law enforcement agencies face a number of serious problems in investigating cybercrime, which are discussed in this article.

The main purpose of the article is to study the peculiarities of cyberattacks, analyze their characteristics, and develop recommendations for effective detection and investigation of cybercrime.

The article uses methods of analytical and comparative analysis, study and generalization of scientific literature, normative legal acts and practical materials on the topic of cyberattacks. At the same time, this article applies a qualitative method of research by conducting an online survey of citizens of Kazakhstan. In addition, the analysis of statistical data revealing the state of crime in the sphere of informatization and communication in the Republic of Kazakhstan was carried out.

The results obtained can be used by law enforcement agencies, experts in the field of cyber security, as well as developers of legislative and regulatory acts to improve the effectiveness of countering cyber attacks.

Cyberattacks are a complex and multifaceted threat requiring a comprehensive approach to their detection and investigation. On the basis of an analysis of the data obtained, it was concluded that it was effective in improving the activities of law enforcement agencies and the judicial system in countering crime in the area of informatisation and communications. The effective countering of these offences requires the continuous improvement of law enforcement methods and international cooperation.

LEGAL NIHILISM AND LEGAL ILLITERACY OF KAZAKHSTANI CITIZENS IN THE CONTEXT OF CRIMINAL INVESTIGATIONS AND PROCEEDINGS THAT CAUSED A WIDE PUBLIC RESONANCE

Timur Kairatovich Amirov — Mon, 30 Jun 2025 00:00:00 +0000

This article is devoted to the problems of legal nihilism and legal illiteracy of citizens of the Republic of Kazakhstan, as well as the influence of the above-mentioned social phenomena on the Kazakh legal system and the activities of state bodies. To more clearly demonstrate the negative impact of the two above-mentioned factors on the Kazakh state and society as a whole, particularly high-profile criminal cases have been selected over the past few years: the case of figure skater Denis Ten in 2018 and the case of Saltanat Nukenova in 2023.

The article provides a detailed analysis of the above crimes from the point of view of criminal law, through which the problem of incorrect qualification of such criminal acts by state bodies due to public pressure generated by the low level of legal literacy of citizens of Kazakhstan is revealed. Based on the findings, the problem of interaction between the Kazakh state and society is determined, namely, the lack of developed strategies, methods and developed practices of responding by state bodies to the increased attention of citizens in the investigation and trial of these high-profile crimes.

The study focuses on factors contributing to a decrease in the level of legal culture among citizens of Kazakhstan, such as insufficient legal awareness of the population, distrust of judicial and law enforcement agencies, as well as social and cultural aspects that affect the perception of law.

This article also contains recommendations for government officials in order to improve the legal culture of the civilian population, as well as a warning for ordinary citizens of Kazakhstan with a recommendation to change their attitude to legal norms and the legal process.

SELECTED ASPECTS OF THE INVESTIGATION OF INTERNET FRAUD

Askar Abuzhanovich Kaliyev — Mon, 30 Jun 2025 00:00:00 +0000

Modern technology and digitalization are key reasons for the spread of cybercrime in the world. Depending on the degree of their application, two categories of crime are distinguished: the first is cyber-related crime and the second is cyber-related crime.

This article examines one of the most common cybercrimes belonging to the second category - Internet fraud. The author analyzes certain aspects of this type of crime, the concept and its main types, the reasons for the spread and poor solving of cases by law enforcement agencies. The questions of necessity of constant improvement of methods of struggle against Internet fraud, by means of improvement of qualification of employees of law enforcement bodies, introduction of new educational programs or separate training modules and use of modern technologies such as blockchain or artificial intelligence are touched upon. Emphasized the use of cryptocurrencies by criminals to hide traces of criminal activity.

The features of some types of digital assets popular among perpetrators of criminal offenses are disclosed.

The paper focuses on modern methods of investigation of such crimes, with emphasis on the importance of electronic evidence and analysis of digital traces. The author of the article emphasizes the need to create a targeted system of combating Internet fraudsters, through the introduction of organizational and technical methods of counteraction, as well as strengthening preventive measures that can minimize the number of crimes of this type.

The results of this study can be used in the development of specialized educational programs for law enforcement officers involved in the investigation of cybercrime, as well as for the development of more effective methods of detection and suppression of Internet fraud.

SELECTED ISSUES RELATING TO THE IMPLEMENTATION OF KAZAKHSTAN’S RATIFIED TREATIES

Zhambyl Kuanyshgaliuly Alekbay — Mon, 30 Jun 2025 00:00:00 +0000

The study is dedicated to formulating recommendations for addressing an issue arising from the first sentence of paragraph 3, Article 4 of the 1995 Constitution of Kazakhstan. This provision presents a potential risk of the state violating the principle of pacta sunt servanda, which is binding upon Kazakhstan under both customary international law and the law of treaties. The position advanced in this study is based on the observation that the constitutional provision in question, which addresses the priority of treaties in the event of a substantive conflict with domestic law, is limited to ratified treaties and those equated to them. This is in contrast to Article 11 of the 1969 Vienna Convention on the Law of Treaties, which stipulates that ratification is merely one of the means by which a state may express its consent to be bound by a treaty, alongside signature, exchange of instruments constituting a treaty, acceptance, approval and accession. Therefore, in cases of conflict between the provisions of national law and a treaty in force for Kazakhstan, where consent was expressed by means other than ratification or its equivalents, the constitutional provision in question would prevent national actors from applying the relevant treaty norm to resolve a domestic legal matter (dispute). Consequently, this situation will lead to violations by the state of Articles 26 and 27 of the 1969 Vienna Convention on the Law of Treaties.

As a result of the study, the author recommends eliminating from the legislation the reference to a specific mean of expressing a state’s consent to be bound by a treaty – such as ratification – when determining the precedence of treaties over domestic laws.

EINIGE ASPEKTE DER INFORMELLEN EINFLUSSNAHME AUF DIE ERNENNUNG UND BEFÖRDERUNG VON RICHTERN: DER FALL KASACHSTAN UND DEUTSCHLAND

Ermek Bayakhmetovich Abdrassulov, Thomas Groß — Mon, 30 Jun 2025 00:00:00 +0000

«Informelle Aspekte“, «informelle Praktiken» beziehen sich in der Regel auf jene Bereiche der sozialen Beziehungen, die nicht durch gesetzliche Vorschriften geregelt sind und dementsprechend keine Gesetzgebungsverfahren kennen. Die Rolle und der Einfluss der informellen Praktiken sind jedoch in vielen Ländern spürbar. Informelle Institutionen, Praktiken und Überzeugungen sind in sozialen Interaktionen oft weniger sichtbar oder sogar unsichtbar. Darüber hinaus ist es schwieriger, informelle Praktiken zu ändern als formelle Regeln, da informelle Institutionen in der unsichtbaren Natur von Überzeugungen und sozialen Verhaltensmustern liegen, die außerhalb formeller Regeln funktionieren. Es sind die informellen Aspekte der in der Gesellschaft vorhandenen negativen Inhalte, die die erwarteten sozialen Veränderungen und die Wirksamkeit der laufenden staatlichen Rechtsreformen behindern. Darüber hinaus ist es die Unkenntnis oder Vernachlässigung der informellen Aspekte, die die notwendige Umsetzung der formellen Praktiken und Verfahren blockiert.

In diesem Zusammenhang ist es heute relevant, den Einfluss informeller Praktiken und Institutionen auf das Justizsystem, insbesondere auf die Auswahl und Ernennung von Richtern, zu analysieren.

Die Autoren des Artikels analysieren den Inhalt und die Aktivitäten informeller Institutionen, die nicht formell in die Struktur des Justizwesens eingebunden sind, sich aber gleichzeitig auf die Einstellung von Richtern auswirken. Obwohl der Grad des Einflusses dieser informellen Institutionen von Land zu Land unterschiedlich sein kann, folgen die Autoren den Schlussfolgerungen früherer Forscher zur Rolle informeller Praktiken und Verfahren. Insbesondere entwickeln sie die Idee, dass die Vereinfachung der objektiven Realität im Leben der Gesellschaft auf formale Institutionen und die Änderung nur der gesetzlichen Regelung der sozialen Beziehungen die rechtliche Situation und das Verhalten bestimmter Subjekte nicht schnell ändern kann.

COMPARATIVE ANALYSIS OF CIVIL LAW DIGITALIZATION IN KAZAKHSTAN AND POLAND IN THE SCOPE OF E-COMMERCE

Mon, 30 Jun 2025 00:00:00 +0000

The digitalization of civil law systems in Kazakhstan and Poland, particularly in the realm of e-commerce, represents a significant transformation in legal practice and governance. This study aims to provide a comparative analysis of the digitalization processes, highlighting both the progress and challenges faced by each country. The scientific and practical significance of this research lies in its potential to inform policy development and improve legal frameworks in the digital age. Using a comparative research methodology, the study examines legal documents, legislative frameworks, policy initiatives, and technological implementations. The main findings indicate that both Kazakhstan and Poland have made substantial strides in digitalizing civil law, with unique approaches shaped by their respective socio-political contexts. Notably, Kazakhstan’s innovative use of blockchain technology and Poland’s alignment with European Union digital directives underscore the distinct paths each country is taking toward modernization. The study also highlights the importance of digital literacy. Continuous efforts are needed for successful implementation. The study contributes valuable insights into the dynamics of legal digitalization and offers practical recommendations for addressing existing challenges. These findings have important implications for policymakers, legal professionals, and scholars interested in the future of digital law, particularly in how these advancements can enhance transparency, efficiency, and accessibility within the legal systems.

EXHAUSTION OF TRADEMARK RIGHTS IN THE EAEU: THE NEED TO TRANSITION TO AN INTERNATIONAL PRINCIPLE

Mon, 30 Jun 2025 00:00:00 +0000

This study analyzes the trademark exhaustion regime within the Eurasian Economic Union (EAEU) and the need to transition to an international principle aimed at achieving a balance between the protection of intellectual property rights and market needs. Currently, the EAEU operates under a regional exhaustion regime that ensures the free movement of goods between member states but restricts imports from third countries without the consent of the rights holder. Although such a regime promotes domestic competition, it creates difficulties in ensuring the availability of goods to consumers, especially in the context of sanctions pressure on key EAEU members such as Russia and Belarus.

Transitioning to an international exhaustion principle, under which goods introduced to the market in any country can move freely within EAEU countries, could reduce prices, improve access to goods – including pharmaceuticals – and enhance the competitiveness of regional markets. The study employs normative and comparative legal methods, allowing for an analysis of the practices of EAEU member states and international experience, with special emphasis on the practices of the European Union. Additionally, this study relies on the analysis of secondary sources extracted from primary, secondary, and tertiary legal materials.

The findings highlight that, to ensure product quality and safety within the EAEU, additional regulatory mechanisms based on successful examples from the European Union need to be developed to achieve a balance between the protection of intellectual property rights and the economic flexibility of the member states.

SOME ISSUES OF CONSUMER PROTECTION IN THE IMPLEMENTATION OF CROSS-BORDER ELECTRONIC COMMERCE WITHIN THE EAEU

Bakytgul Shaimerdenovna Ismailova, Galiya Kadyrbayevna Sagieva — Mon, 30 Jun 2025 00:00:00 +0000

A special feature of e-commerce is the mechanism of its implementation, that is, it is carried out through Internet resources. The complexity of this factor is in constant change and development. The object of regulation of the studied legal relations are legal relations that are related to the exercise of consumer rights in the Internet space, using the capabilities of digital technologies. Therefore, the second characteristic feature of electronic commerce is cross-border, when the process extends to consumers-citizens of different states, regardless of the relevant local, as well as legal, differences. Therefore, in order to protect the rights of consumers located and residing in the territory of the Republic of Kazakhstan, it became necessary to collectively study this issue and take legislative measures. In this regard, the EAEU has the opportunity to collectively find solutions, search for common approaches and standards to resolve disputes and prevent them in the future, develop the internal market within the union and meet the needs of consumers, as well as competition between entrepreneurs, manufacturers of goods and services. The paper considers the main international documents adopted in the EAEU in the field of consumer law. In this regard, it is determined that it is necessary to adopt principles of consumer protection that will establish equal opportunities and conditions for consumers, regardless of the country of citizenship or arrival. Consumer protection and increased consumer activity require the creation of conditions not only within the Union, in terms of individual states, but directly in the provisions of the national legislation of the EAEU member states. The scientific article contains statistical materials on consumer complaints regarding non-compliance with the provisions of legislation in the field under study.

RETURNING TO THE SCIENTIFIC PUBLICATION OF K.K. RAKHIMBERDIN, YU.R. GETA «PROBATION IN KAZAKHSTAN: A UNIQUE EXPERIENCE OF FORMATION AND DEVELOPMENT AT THE PRESENT STAGE»

Serik Seitovich Karzhaubaev — Mon, 30 Jun 2025 00:00:00 +0000

Probation is an important component of the organization of freedom, and its effectiveness affects the most important principles of punishment in criminal law. However, the current state of probation in Kazakhstan raises a lot of questions about its application. This issue is especially acute when applying punishment in the form of restriction of freedom. An analysis of criminal law and law enforcement practice has shown some problems with the application of this punishment. One of these problems is the lack of an element of punishment in punishment. The current state of probation creates comfortable conditions for the convict. This situation completely affects the victim, which eventually leads to a lack of public confidence in justice and the law. The article examines individual formulations that, in the author's opinion, have sufficient grounds to exclude punishment in the form of restriction of freedom from the sanctions of these articles.

The problem of the effectiveness of the restriction of freedom provided for in part 1 of Article 106 of the Criminal Code of the Republic of Kazakhstan is presented in the form of colossi with part 1 of Article 44 of the Criminal Code of the Republic of Kazakhstan. In addition, the problem is seen as the inconsistency of the committed act with the established type of punishment. The article provides a scientific justification for the exclusion of restriction of freedom from the sanction of part 1 of Article 106 of the Criminal Code of the Republic of Kazakhstan. The problems of the effectiveness of restrictions on freedom provided for in part 1 of Article 122, part 1 of Article 123, part 1 of Article 308 of the Criminal Code of the Republic of Kazakhstan are also related to the presence of great public danger and the inconsistency of the committed act with the type and severity of punishment. The problem of the effectiveness of restrictions on freedom provided for in parts 1 and 2 of Article 146 of the Criminal Code of the Republic of Kazakhstan also indicates that the punishment does not correspond to the committed act. The article presents a scientific justification for excluding the restriction of freedom from the sanctions of these articles.

PROBLEMS OF PENAL REGULATION OF SOCIAL REINTEGRATION OF CONVICTS IN THE LEGISLATION OF KAZAKHSTAN AND TAJIKISTAN: CURRENT STATE, ISSUES, AND PROSPECTS

Kuat Khazhumukhanovich Rakhimberdin — Mon, 30 Jun 2025 00:00:00 +0000

The article presented to readers is dedicated to certain aspects of the social reintegration of convicts within the penal legislation of the Republic of Kazakhstan and the Republic of Tajikistan, as well as within the penal activities regulated by this legislation. The article addresses pressing issues related to the social reintegration of convicts, including those who have committed terrorist and extremist crimes. These issues are also relevant for other states in the Central Asian region. The authors, utilizing the latest advancements in penology, recommendations from UN international legal instruments, and statistical data, analyze the current situation in penal activities in Kazakhstan and Tajikistan, highlighting its complexities and contradictions. In particular, the authors critically assess the provisions of the "Strategy for Reforming the Penal System of the Republic of Tajikistan until 2030," concerning the unjust and inhumane division of convicts into those "subject to" and "not subject to" resocialization. Additionally, the article critically examines the shortcomings related to the lack of a scientifically grounded methodological approach to ensuring the social reintegration process of convicts, which exists in Kazakhstan and Tajikistan. Attention is drawn to certain alarming statistical indicators that point to the low effectiveness of social reintegration of convicts, and to mistakes and errors in organizing probation activities. In this regard, the article contains specific proposals aimed at addressing the identified problems and enhancing the effectiveness of social reintegration of convicts under post-criminal supervision. These proposals are of interest both in the context of further development of penology and in improving the process of combating crime through the establishment of effective social reintegration mechanisms for convicts in the Central Asian states.

ON IMPROVING THE CRIMINAL LAW SYSTEM FOR THE PREVENTION OF HOMICIDES COMMITTED ON FAMILY AND DOMESTIC GROUNDS

Bayan Zhakenovna Kyzdarbekova — Mon, 30 Jun 2025 00:00:00 +0000

The article discusses problematic issues of criminal law counteraction to homicides on domestic grounds. Despite the fact that there are no trends towards an increase in the number of this type of homicide, according to the author, official statistics do not fully reflect the real situation due to controlled registration. Pointing out the lack of a legislative and doctrinal definition of the concept of "murder committed in the family and household sphere," the author argues that legal scholars, when formulating the definition of the act in question, do not always include in it all the criminalizing features provided for by criminal law. The author draws attention to the insufficient effectiveness of the criminal law system for countering intra-family murders. The necessity of supplementing the legislative list of circumstances aggravating criminal liability and punishment, fixed in Part 1 of art. 54 of the Criminal Code of the Republic of Kazakhstan, by including in it such circumstances as "the commission of a criminal offense against a member of one's family and other persons included by law in the sphere of family and household relations." It is also proposed to elevate murder committed in the family and household sphere to the rank of a qualified crime under Article 99 of the Criminal Code of the Republic of Kazakhstan. Justifying the fact that the criminal legal impact on the determinants of homicide in the family and household sphere is carried out through the provision on necessary defense, as well as the provision criminalizing the threat (art. 115 CC), proposals for their improvement are being put forward. In particular, it argues for the expediency of a clearer and clearer definition of the criteria and circumstances under which the defender's actions will be considered legitimate, as well as the inclusion in Part 2 of Article 115 of the Criminal Code of the Republic of Kazakhstan of a qualifying feature providing responsibility for threats made against family members and individuals in order to prevent the transformation of threats into murders.

PUNISHMENT AND OTHER MEASURES OF CRIMINAL-LEGAL INFLUENCE

Mon, 30 Jun 2025 00:00:00 +0000

The article examines the relationship between punishment and other measures of criminal-legal influence applied to persons who have committed criminal offenses in accordance with the Criminal, Criminal Procedure and Criminal-Executive Codes of the Republic of Kazakhstan.

Common features between them are revealed, allowing them to be transformed into punishment or other measures of criminal-legal influence, as well as their specificity, preventing their differentiation.

Along with this, their close connection with other measures of criminal-procedural coercion applied during pre-trial criminal proceedings is determined.

The differences between punishments and other measures of criminal-legal influence are indicated, consisting in the purposes, means and grounds for their application, the procedure and conditions, the amounts and terms of their serving, the institutions and bodies executing them, as well as the types, volumes and content of prohibitions on the behavior of persons who have committed criminal offenses. The effectiveness of punishment and other measures of criminal-legal influence in protecting human rights and freedoms, protecting socially significant values, preventing and combating crime is noted.

All types of punishments and other measures of criminal legal impact are considered as measures of a comprehensive system of criminal legal protection and criminal legal prevention.

The criminal legislation of the Republic of Kazakhstan on punishments and other measures of criminal legal impact applied against persons who have committed crimes has been studied. A review of statistical information on convicts in the republic as a whole for the period 2020-2024 was conducted, to which the courts imposed punishment and other measures of criminal legal impact, as a result of which a tendency to decrease the number of convicts, conditionally, as well as those involved in community service was established.

APPLICATION OF ALTERNATIVES TO IMPRISONMENT: THE BEST WORLD PRACTICES AND EXPERIENCE OF KAZAKHSTAN

Raushan Bekmanbetovna Baizakova, Rose Yerezhepkyzy , Zhanat Zhailau — Mon, 30 Jun 2025 00:00:00 +0000

The study is based on a retrospective analysis of the international legal regulation of the institute of alternatives to imprisonment. The use of a set of scientific methods has contributed to achieving a deep and comprehensive understanding of the topic under study. The use of various methods, such as analytical, comparative law, sociological and statistical, allowed for optimal structuring of the study, highlighting the key aspects of the problem and establishing their interrelationships. This paper examines the world's best practices in applying alternative measures based on international standards, in the light of their implementation in Kazakh legislation and law enforcement practice to ensure a balance between punishment, rehabilitation and public safety. The study presents an examination of the available evidence for the effectiveness of alternatives to incarceration. The use of alternative punishment measures such as probation, community service, and electronic monitoring has a positive impact on reducing recidivism compared to traditional imprisonment. Alternative punishments are less costly for the State compared to the detention of convicts in prisons. In the context of social rehabilitation, alternatives to incarceration are more effective than imprisonment, allowing you to maintain family ties, continue to work or study, and stay in touch with society. The use of alternatives to imprisonment is an effective strategy for reforming the criminal justice system, aimed at humanizing punishment, improving the rehabilitation of convicts and ensuring public safety. The study of this topic is important for the development of an effective, humane and economically sound criminal policy that will comply with international standards and the specifics of the Republic of Kazakhstan, contributing to the improvement of law enforcement practice and the legal system as a whole.

PROPORTIONALITY AND ACHIEVEMENT OF THE GOALS OF CRIMINAL PUNISHMENT: PROBLEMATIC ISSUES AND SOLUTIONS

Mon, 30 Jun 2025 00:00:00 +0000

This article examines the problems of proportionality of criminal punishment in the Republic of Kazakhstan, the effectiveness of its application and its compliance with the goals of criminal policy.

If we talk about the relevance of this topic, it should be noted that punishment is one of the key instruments of criminal law aimed at implementing state policy in the field of combating crime and protecting public interests. Modern judicial practice shows that the penalties imposed do not always correspond to the severity of the crime committed, which can lead to unjustified severity or, conversely, excessive leniency of sanctions. This calls into question the achievement of the main goals of punishment – the restoration of social justice, the correction of the convicted person and the prevention of new criminal offenses.

The relevance of the study is also determined by the need to improve criminal legislation, taking into account the principles of fairness and effectiveness. An important aspect is to eliminate the disproportionality of punishments, when different sanctions can be imposed for crimes of similar public danger, which reduces public confidence in the judicial system. In addition, examples of judicial practice are given, showing the shortcomings of the existing system of punishments, as well as the influence of procedural factors on the final punishment.

Special attention is paid to alternative punishments such as restriction of liberty, fines and community service, as well as their impact on the correction of offenders. It is proposed to reform criminal legislation by reducing the gap between minimum and maximum sentences with a narrower range, for example, from 3 to 5 years, from 5 to 7 years, and so on, as well as eliminating restriction of liberty as an alternative to imprisonment for serious crimes.

PROVIDING FREE LEGAL AID TO THE PUBLIC: ISSUES AND PROSPECTS

Assiya Alimgazievna Dauletkhanova — Mon, 30 Jun 2025 00:00:00 +0000

The article focuses on the development and utilization of a comprehensive online platform aimed at enhancing the accessibility and quality of legal assistance for citizens. It examines the functions of existing digital platforms in the legal assistance sector that facilitate free access to qualified legal support. Given the rapid advancement of digital technologies in Kazakhstan and the full digitalization of government services, there is a significant need for an innovative digital platform to provide legal assistance to citizens. This online platform will ensure that every citizen has access to professional legal help, thereby enabling them to exercise their constitutional right to receive qualified legal assistance.

The platform will be integrated with educational institutions and government portals, providing free access to legal services. At the same time, it is important to consider issues of personal data protection and cybersecurity, as the increase in the use of digital technologies raises the risk of data breaches and cyberattacks, which millions of people around the world face daily. Therefore, developing clear regulatory frameworks and fostering cooperation between countries can accelerate the process of adapting and implementing advanced technologies such as artificial intelligence and process automation.

This article is part of a project-based research initiative aimed at developing and integrating an online platform that combines both educational services and an automated legal assistance system. The objective is to enhance access to qualified legal support and promote legal literacy in Kazakhstan. The article also explores international experiences with digital online platforms and discusses their adaptation to the specific context of Kazakhstan. Furthermore, it provides a comprehensive analysis of the potential transformative impact of digitalization on legal frameworks in Kazakhstan, while examining the challenges and opportunities associated with delivering legal aid through this new format.

APPLICATION OF ARTIFICIAL INTELLIGENCE TOOLS IN THE LEGISLATIVE PROCESS AND THE CLASSICAL PARADIGM OF LAWMAKING: CHALLENGES OF INTEGRATION

Nurzhan Saulen, Andrey Alekseevich Makarcev, Didar Bolatovich Tebayev — Mon, 30 Jun 2025 00:00:00 +0000

This article presents a comprehensive theoretical and legal analysis of the application of artificial intelligence (AI) technologies in the legislative process and their impact on the classical paradigm of lawmaking. The authors argue that the digital transformation of modern society requires a fundamental rethinking of established models for making normative decisions, including legislative methods, principles, and procedures. The paper examines international precedents of AI use in legislative drafting, with reference to case studies from the United States, Brazil, the United Arab Emirates, the European Union, and the Russian Federation. Based on the legal framework of the Russian Federation and the State Duma’s procedural regulations, the article explores institutional mechanisms for ensuring professionalism in lawmaking, such as mandatory legal expertise and procedural safeguards. It is demonstrated that AI can perform both supportive functions (retrieving legal information, structuring legislative texts, conducting preliminary assessments) and advanced analytical tasks (identifying legal gaps, generating normative texts, compiling comparative tables and explanatory notes).

The authors emphasize the need to develop a legal framework governing the use of AI in parliamentary procedures, including accountability, transparency, and ethical standards. A review of Kazakhstan’s legislative and policy documents is provided to illustrate the country’s preparedness for integrating AI into its lawmaking system. In conclusion, the article asserts that AI can serve as an effective tool for modernizing legislative activity, provided that the humanistic foundations of law are preserved, civic engagement is enhanced through digital mechanisms, normative predictability is ensured, and public trust in democratic institutions is strengthened. This multidimensional approach positions AI not as a substitute for legislators but as a transformative complement to traditional lawmaking processes.

ARTIFICIAL INTELLIGENCE IN THE LEGISLATION OF THE REPUBLIC OF KAZAKHSTAN ON TRADEMARKS: PROBLEMS AND POSSIBILITIES OF LEGAL REGULATION

Mon, 30 Jun 2025 00:00:00 +0000

The article discusses the legal concepts of trademark and artificial intelligence used in the creation and maintenance of means of individualization.

The impact of the proliferation of artificial intelligence technologies can be observed in many areas of law, including trademark law. The rapid development of artificial intelligence technologies has necessitated a reassessment of some of the basic practices and concepts of trademark law.

The first aspect of these developments is the use of artificial intelligence in trademark applications, registrations and other related procedures. Patent offices around the world are utilizing these technologies to improve transactional efficiency and accuracy and productivity. Examples of the use of artificial intelligence in trademark applications and registration processes include performing comparative similarity assessments, scanning databases to detect previously dated similar trademarks for trademark clearance purposes, and automating certain office procedures.

Similarly, artificial intelligence algorithms are used to detect and monitor trademark infringement and unauthorized use, especially on online platforms.

An attempt has been made to clarify the place of domain name, hashtag, and smiley face in the domestic system of intellectual property rights, as well as to assess the prospects of application of artificial intelligence in this area in accordance with Kazakhstan's experience and international practices.

It is extremely important for trademark owners to closely monitor the opportunities that this increasingly widespread technology can offer when determining their commercial strategies and taking preventive measures to prevent situations that may lead to infringement.

ON THE ISSUE OF ECOLOGICAL CULTURE

Nikolay Nikolaevich Turetskiy — Mon, 30 Jun 2025 00:00:00 +0000

This article raises the issue of improving the ecological culture and environmental awareness of citizens, improving national legislation to solve existing problems, fill in gaps and generally improve the situation in the environmental sphere. The issues of caring for the environment and natural resources are relevant all over the world: humanity has undermined its own life support system, and the consequences of this affect each of us. The concept of "ecological culture" is multifaceted. TheEnvironmental Code of Kazakhstan establishes the definition of ecological culture, it is recognized as oneof the main personal values in the Republic of Kazakhstan,creating the basis not only for the development of human self-awareness, but also for the growth of the welfare of the state. States solve environmental protection problems using various instruments, including legal ones. National legislation provides for a large list of regulatory legal acts regulating issues in the field of ecology.Criminal and administrative liability is provided for violation of these norms. However, despite the progressiveness of Kazakhstan's environmental legislation, its purpose is to punish the nature user,not to restore and preserve the environment. In his Message dated September 2, 2024, the President of Kazakhstan emphasized the special responsibility of business in its approach to nature protection. In addition to improving legislation,one of the ways to solve environmental problems is the development of Concepts of environmental safety (1996,2004), the Concept of the development of ecological culture"Taza Kazakhstan" (2024). Much attention is paid in the Concept of 2024. It is devoted to the study of international experience in the protection and preservation of the environment. At the same time, the main condition for achieving goals in the environmental sphere is concern for the cleanliness of the environment on the part of every person and citizen.

SOME ACTUAL PROBLEMS OF ANALYZING THE EFFECTIVENESS OF LEGISLATION IN THE FIELD OF MILITARY SERVICE

Mon, 30 Jun 2025 00:00:00 +0000

This article is devoted to the analysis of the effectiveness of legislation in the field of military service. The article discusses some of the problems that contribute to the formation of various application practices, as well as ways to solve these problems.

Military service in the Republic of Kazakhstan is an integral part of ensuring national security and stability. In the context of global changes in the field of geopolitics, as well as an increase in the number of cross-border challenges and threats, such as international terrorism, cyber threats and environmental disasters, the importance of the institute of military service is becoming particularly relevant.

The Republic of Kazakhstan has been continuously reforming legislation on military service for many years. The legislation on military service is regulated by regulatory legal acts, first of all, the Constitution of the Republic of Kazakhstan, the Law of the Republic of Kazakhstan «On Military Service and the status of military personnel», etc. When writing the article, various methods of scientific analysis were used to help solve this problem: general scientific, logical methods (analysis, synthesis, deduction, induction, etc.), as well as private scientific methods, including the comparative legal method, the technical and legal method, and the formal legal method.

The article suggests ways to improve the legislation of the Republic of Kazakhstan in the field of military service, develops scientifically sound recommendations and proposals for their implementation. In this regard, the authors identified gaps, defects, and made proposals to improve some legislative institutions in the field of military service.

Thus, the importance of this study increases due to the objective need for further improvement of legislation in the field of military service, ensuring its integrity and consistency.

CYBERBULLYING AND FREEDOM OF SPEECH RIGHTS

Rysgul Koishygulovna Abilsheyeva — Mon, 30 Jun 2025 00:00:00 +0000

The relevance of this article lies in the fact that the Internet has become one of the most important platforms for the realization of civil rights and freedoms, including freedom of speech.

In the modern world, information technology occupies an increasingly important part of human social life. The Internet and various social networks, gaining increasing popularity, are actually becoming a means of realizing human rights and freedoms. Almost every second person in the world has the opportunity, using modern means of communication, to realize their ideas, projects, and share their opinions with a large audience on the Internet. But at the same time, there is a tendency to violate human rights and freedoms in this new cyberspace.

The article examines the socially dangerous problem of modern society - cyberbullying. The danger of cyberbullying is that it does not choose the age. For this reason, any person can become a victim of cyberbullying. Prevention of this offense from a psychological point of view gives a much more rational result than dealing with the consequences. The scientific works of domestic and foreign researchers on the study of the problem have been studied. The definitions of the phenomenon by various authors, the differences between cyberbullying and real intimidation are considered. Modern types of phenomena are shown and the features of their manifestation are described. It is noted that manifestations of cyberbullying have an extremely negative impact on the psychological and physical health of all participants. In conclusion, the article outlines the main areas of work to combat cyberbullying.

ADMINISTRATIVE CLAIM: ISSUES OF EXPLAINING AND USING

Mon, 30 Jun 2025 00:00:00 +0000

The legislativedesign of the action administrativeinstitute has been createdconditionsfor the research of itstheoreticalandpracticalfoundations.Howtheexperience of regulatoryandjudicialpractice demonstrates, the essentialdevelopment of administrativeprocedurallegislationdemands aclearexplanations of someterms and methodsrelatedto the institution of a claimarisingfrom the essence of publiclawrelations.In an administrativedispute is covering issues notonly the rights of citizensandtheirassociationsalso the interests of the state.

The inability to defend the violatedrightsandinterests of societyand the state in an appropriateway willbeevidence of the laggingdevelopment of the institute of administrativejustice.On the basis of a scientificandanalyticalreview, the authorstried to show the actualissues of the importance of the institution of an administrativeclaimin the proceduralbranch of law.It has been proved in the scientific article the necessity for the whole separation of administrativeprocedurallegislationonpublicdisputesfromotherforms of proceduralproceedings.

The analysis of judicial practice after 2021 is justified that in comparison with all other claims, the largest consideration coefficient of claims for challenging decisions and actions (inactions) of state bodies. The reasons for the increasing facts of appeals to the court of challenge are freedom of entrepreneurship, the development of legal policy and the changing role of the state in regulating public relations. These and other factors require systematic improvement of approaches not only in regulating the rights of participants in the administrative process, but also in taking modern measures to protect the public interests of society and the state.

LAW «ON RESTORING SOLVENCY AND BANKRUPTCY OF СITIZENS OF THE REPUBLIC OF KAZAKHSTAN»: INITIAL STEPS, PROBLEMS AND SOLUTIONS

Mon, 30 Jun 2025 00:00:00 +0000

The article discusses the first results of the application of the Law “On the restoration of solvency and bankruptcy of citizens of the Republic of Kazakhstan”. The most pressing problems, gaps, and shortcomings of the law faced by applicant citizens, as well as other entities directly involved in the implementation of the law (financial managers, law enforcers, legal consultants, etc.), have been identified. However, a broad and stable legal practice has not yet formed around these issues. Nevertheless, these problems require urgent resolution. Nineteen legislative amendments adopted on July 19, 2024 do not fully address these issues.

The article proposes some targeted measures for promptly addressing the identified problems. It is argued that restoring solvency is, in the long term, the most promising procedure, as for the citizen and financial organizations and the society as a whole. However, the analysis of practice revealed that this procedure is the least in demand. The article examines some reasons for this situation and proposes measures to enhance the potential of the specified procedure. It is argued that in order to solve the problem of reducing debt burden from the population, more systemic measures of proactive state-legal regulation are necessary. One such measure is seen as the development of contractibility and financial literacy of the population.

LEGAL MECHANISMS OF PUBLIC PARTICIPATION IN DECISION-MAKING IN THE FIELD OF LAND RESOURCES USE

Alisher Serikbolovich Ibrayev — Mon, 30 Jun 2025 00:00:00 +0000

The article examines mechanisms for public participation in decision-making regarding the use of land resources in Kazakhstan. The research is conducted as part of the program-targeted financing project of the Science Committee of the Ministry of Science and Higher Education of the Republic of Kazakhstan. The main focus is on local self-governance, participatory budgets, and public oversight.

Local self-governance in Kazakhstan is based on the Constitution and ensures citizens' rights to independently address local matters. However, the realization of this right is often limited by regulatory barriers and dependence on decisions made by governmental authorities. This hinders citizens' participation in governance and reduces the effectiveness of local self-governance.

The participatory budget (PB) has become an important tool that allows residents to directly influence the allocation of local budget funds. The practice of PB, especially in large cities such as Almaty, demonstrates its potential for improving the urban environment. However, expanding this practice requires larger investments and the inclusion of a broader range of projects that can be proposed by citizens.

Public oversight serves as a counterbalance to governmental activities, encouraging transparency and accountability. The 2023 Law "On Public Oversight" establishes the legal framework for citizens' participation in monitoring the actions of governmental bodies. A successful example of public oversight is the "Zher Amanaty" project, aimed at reclaiming unused agricultural lands.

The article emphasizes the need to increase citizen engagement and trust in government bodies, which would make land resource management more transparent and effective. Improving the legal framework, developing local self-governance institutions, and adapting international experience can help address existing issues and improve the quality of land resource management in Kazakhstan.