Annotations and key words of the articles of the Bulletin № 1 (23)/2022
| № | Initials and surname of the autor (s) | Article title | Annotation | Keywords |
| 1 | Aytkazin Yerlan Maidanuly
Ibragimova Flyura Galimovna |
THE RIGHT OF CITIZENS OF THE REPUBLIC OF KAZAKHSTAN TO HEALTH PROTECTION: THEORETICAL AND PRACTICAL ASPECTS | The scientific article examines the rights of citizens in the Republic of Kazakhstan to healthcare, the regulatory framework in this area, and also analyzes the provision of medical services in the country. The issues of practical application of legislation, topical issues of compliance of domestic legislation with the norms of international documents ratified by the Republic of Kazakhstan are considered. The article provides a general analysis of the reforms carried out in the country in recent years in the field of medicine, increasing the requirements of society for the quality of medical services, medical services in a pandemic, as well as the organization of private medical care and state regulation of their activities. The main topical issues of the domestic healthcare system in the Republic of Kazakhstan, touched upon in the ar- ticle are: observance and protection of citizens’ rights to health care, especially against the background of increased numbers of medical services provided by private clinics; outdated material and technical base; shortage of qualified personnel; poor quality of medical services; the process of transition to the model of health insurance, which is cur- rently a priority task of the state. |
medicine; medical insurance; patient; private clinic; human rights; right to health care; medical care; reform; organism. |
| 2 | Akhmetov Yerik Bulatovich | THE IMPORTANCE OF LEGAL PRINCIPLES IN THE SYSTEM OF ADMINISTRATIVE PROCEEDINGS OF THE REPUBLIC OF KAZAKHSTAN | The article addresses the analysis of the basic principles of administrative proceedings. The main attention is given to the identification of the main functions, the system and the hierarchy of principles. The scientific novelty lies in the study of important subordinate guiding principles, the influence of which is decisive for the principles of administrative proceedings, and hence the entire system of public administration. A brief overview of the basic principles of administrative proceedings and their implementation in the countries of the near and far abroad was made. At the same time, the institution of administrative proceedings, especially their principles, as well as the principles of administrative law in general, for the legislator and even the doctrine still remain largely unexplored and obscure problems. The author also concluded that the main feature of the principles of administrative proceedings is their direct effect and specific regularity. |
administrative proceedings; administrative procedure; administrative justice; universality; legality; public administration; officials; administrative cases. |
| 3 | Baktybekov Mukhtar Baktybekuli
Mataeva Maygul Khafizovna Ostapovich Igor Yurievich |
СORRELATION OF NATIONAL AND INTERNATIONAL LAW: THEORETICAL AND PRACTICAL ISSUES | In the article, the authors reveal the content of the constitutional provisions and the legal position of the control body in ensuring the supremacy of the Constitution, focusing on the special significance of the Consti- tution in the interaction of international (regional), national law. Analysis of the limits of implementation in the legal system of the Republic of Kazakhstan and the conditions and procedures for their operation, revealing the content of international and supranational law was carried out. The study analyzes the development of human consciousness and law, the relationship between the Consti- tution and international law using general philosophical methods. International (supranational) law influences na- tional law and is accompanied by contradictions in achieving generally recognized principles. In this process, the results of the study will be the features and supremacy of the Constitution, which is the core of the national legal system, depending on the socio-cultural situation in the country and the global goal of building an international legal community. The establishment of a system (order) of the constitutional legislation of the Republic of Kazakhstan, taking into account the peculiarities of international (supranational) law in relation to national law and the determination of legal positions by the Constitutional Council of the Republic of Kazakhstan will allow systematizing the current law. |
international (supranational) law; Constitution; Legal Policy; constitutional reform; ratification; сonstitutional control; Resolutions of the Constitutional Council of the Republic of Kazakhstan. |
| 4 | Iglikova Saule Dakenovna | SOME FEATURES OF QUALIFYING ILLEGAL HUNTING AS A CRIMINAL OFFENCE | The article discusses one of the features of illegal hunting – the commission of an act by a group of persons. The author notes that despite the presence of a significant public danger, a violation of the rules of hunting committed by a group of persons qualifies as an administrative offense, due to the lack of an institution of complicity in administrative law. It is indicated that the current wording of Article 337 of the Criminal Code of the RK gives rise to evasion of responsibility of persons who commit illegal hunting in a group if the act is committed without the use of devices, means and equipment specified in Part 1 of Art. 337 of the Criminal Code of the RK. Attention is drawn to the fact that when committing a criminal offense, persons bear joint and several liability and the damage caused is assessed by summing up the damage caused by each participant, while when committing an administrative offense, each hunter is liable and then the amount of damage often does not reach the amount specified in Part 1 Art. 337 of the Criminal Code of the RK. The author proposes to introduce amendments to the criminal legislation of the RK in order to improve it, eliminate the identified shortcomings and toughen responsibility for illegal hunting in a group of people. | illegal hunting; violation of hunting rules; criminal offenses; administrative offenses; criminal liability; group of persons; environmental damage; hunter; wildlife; group illegal hunting. |
| 5 | Kazbaeva Asel Gabidenovna
Kiyazova Albina Zhomartovna |
ON THE ISSUE OF THE EFFECTIVENESS OF THE LAW OF THE REPUBLIC OF KAZAKHSTAN «ON PUBLIC PROCUREMENT» (RESULT OF ALTERNATIVE MONITORING OF LEGAL ACTS) | The quality of the organization and conduct of public procurement significantly depends on their legislative regulation. The main regulatory legal acts regulating the issues of public procurement are represented by a separate legislative act, subordinate regulatory legal acts adopted for its implementation, as well as other regulatory documents. This study examines the issues of the quality of legislative procedures carried out by the authorized body in the field of public procurement, which did not fully achieve their results, and the planned changes and additions were not reflected in the adopted legislative act. In addition, there were cases of rapid changes in the new regulatory regime or the adoption of legal norms in general, bypassing the legislative procedure. In addition, the article partially presents the results of the analysis of the effectiveness of the Law of the Republic of Kazakhstan «On Public Procurement» regarding the unjustified application of outdated provisions of the regulatory resolution of the Supreme Court of the Republic of Kazakhstan in the field of dispute resolution on public procurement. In addition, the work reflects the contradictions of the main legislative act in the field of public procurement with the norms of some codes and legislative acts. |
public procurements; law on public procurement; analysis of the effectiveness of the law; purchas- es; concept of the draft law; quasipublic sector; improvement of legislation; gaps in legal regulation. |
| 6 | Nazritskaya Tatyana Sergeevna | IMPROVING THE LEGAL REGULATION OF THE PARTICIPATION OF THE PROSECUTOR IN THE ARBITRATION PROCESS | The article deals with the issue of limiting the powers of the prosecutor with his participation in the arbitration process, which has not lost its relevance for more than 18 years (since the adoption of the Arbitration Procedure Code of the Russian Federation in 2002). Today this problem attracts even more attention due to the increase in the number of disputes, as well as cases of administrative offenses considered by arbitration courts. The author shows the main shortcomings of the normative regulation of the procedural status of the prosecutor when considering economic disputes by arbitration courts. The article provides examples from judicial and prosecutorial practice, demonstrating the effectiveness of the prosecutor’s implementation of the powers enshrined in Art. 52 of the APC RF and Art. 28.4 of the Administrative Code of the Russian Federation, when applying to arbitration courts to eliminate violations of laws in the economic sphere, revealed by him from various sources. Reinforcing his position with the statements of scientists, the author expressed his conviction about the urgent need to amend the current legislation in order to expand the powers of the prosecutor with his participation in the arbitration process and strengthen the rule of law. |
General Prosecutor’s Office of the Russian Federation; arbitration court; economy; Arbitration Procedure Code of the Russian Federation; exercise by the prosecutor of powers in the arbitration process; prosecutorial practice; administrative offenses; strengthening the rule of law. |
| 7 | Omarov Yerbol Agbayevich
Alpysov Nurlan Saparbekovich Dzharullayeva Sabina Shakhmuratovna |
ISSUES OF DIFFERENTIATION OF DELIVERY AND DETENTION IN CASES OF ADMINISTRATIVE OFFENSES | The article shows the results of the research conducted by the Interdepartmental Research Institute of the Academy of Law Enforcement Agencies under the Prosecutor General’s Office of the Republic of Kazakhstan on the observance of the constitutional rights of the individual in the application of security measures in cases of administrative offenses. The presented article reveals the problems of legislative regulation and the practice of applying such measures to ensure the proceedings in cases of administrative offenses as delivery and detention. Thus, the authors investigated the essence of «administrative delivery», the right of regulation and the practice of its application. A comparative legal analysis of the norms regulating detention in criminal proceedings has been carried out, and a new definition of administrative detention, similar to criminal procedure, has been proposed. Having studied judicial practice, as well as the practice of applying security measures, the authors proposed legal mechanisms for distinguishing detention from delivery, as well as a new definition of the latter. In particular, the use of coercive measures in the process of delivery is proposed to be regarded as administrative detention with all the legal consequences that follow. At the same time, the authors have studied and analyzed the foreign experience of legal regulation of delivery and detention. | administrative offense; security measures; delivery; administrative detention; differentiation; restriction of freedom; coercive measures; force and special means. |
| 8 | Satanova Leila Muslimovna | ROAD AND TRANSPORT SAFETY IN THE REPUBLIC OF KAZAKHSTAN: STATE AND ENSURING METHODS | The article shows the results of a study of the state of road accidents in Kazakhstan. The paper presents statistical data for the current year 2021 and reveals the dynamics of the growth in the number of accidents relative to the previous year. The reasons for the commission of RTA, the number of injuries, injuries, and deaths received by accident participants are also being investigated. The official statistical data provided by the World Health Organization, as well as the results of a study by leading universities in the United States and Western European countries are presented. According to the results of the study, the author proposes to adopt a comprehensively thought-out state program that would be aimed at: attracting scientific potential in the course of investigating the causes leading to RTA; forming the basis and priority direction in the application of preventive measures aimed at reducing the number of accidents and reducing its dangerous consequences; coordinating the activities of executive bodies, local governments in the field of ensuring safe road traffic; the implementation of a set of measures aimed at the application of preventive measures, which can have a positive impact on reducing the level of RTA committed, as well as on the indicators of injuries, injuries, disability and mortality of RTA participants. | road traffic accident; WHO; motor transport; statistical data; number of deaths; safety; state program. |
| 9 | Tugelbayev Ulan Erkinovich | PROBLEMS OF COUNTERING TERRORISM ON THE INFORMATION SPHERE UNDER CONDITIONS OF OVERALL DIGITALIZATION | Currently, the situation in the field of information counteraction to terrorism requires the adoption of appropriate measures. It is important to emphasize that despite the fact that a number of issues related to information security in the field of countering terrorism have been considered in the scientific works of scientists and practitioners, some of the relevant provisions have remained undisclosed. And so far, this area is a less developed type of anti-terrorist counteraction, including in the field of international cooperation. In this article, the author draws conclusions about the need to: monitor the use of the financial system in order to identify the facts of the use of its tools by terrorist elements for their own purposes; amend Article 258 of the Criminal Code of the Republic of Kazakhstan regulating responsibility for crimes against public safety; adopt a single national regulatory legal act for the country regulating the circulation of cryptocurrencies; establish an international body, coordinating the cryptocurrency sphere; use information counter-propaganda measures using the capabilities of the media, bloggers, thematic groups in social networks. |
terrorism; information sphere; digitalization; counteraction; the Internet; consequences of terrorism; digital technologies. |
| 10 | Utepov Dauren Parkhatovich
Zhempisov Nazarbek Sharuanovich Zhumadillaeva Ainur Kanadilovna |
FORMS OF PARTICIPATION OF IT-SPECIALIST IN THE PROCESS OF OBTAINING DIGITAL TRACES IN CRIMINAL CASES | In the article, the authors consider the issues of the legal grounds for the participation of IT specialists in collecting digital traces in solving criminal cases in the realities of the current legislation of the Republic of Kazakhstan. The problems of the low detection rate of crimes committed using information technologies in Kazakhstan and abroad are assessed. The importance of the participation of specialists in the search and collection of digital traces is addressed. The work shows the necessity of reforming the criminal procedure legislation to fix the mandatory participation of IT specialists in procedural actions such as inspection and search in criminal cases committed through information technology. In addition, based on the results of the analysis, it is proposed to create a Pool of IT specialists to attract them as specialists in solving such criminal cases. |
evidence; digital traces; IT specialist; investigative actions; inspection; seizure; Internet fraud; pool of IT specialists; special knowledge. |
| 11 | Shtefan Daniil Igorevich | INSTITUTE OF COURT ADMINISTRATOR: DOMESTIC AND FOREIGN EXPERIENCE | The administrator of the court as a position of the state civil service in the Russian Federation in the context of ongoing judicial reform expects a number of significant changes. The article analyzes the draft amendments to the legislation on the status and powers of the court administrator, compares with the structure of the organization of judicial activity in the Republic of Kazakhstan and highlights the key problems in the institute of organization of judicial activity and ways to solve them based on existing foreign experience. The introduction of new technologies in judicial activity requires a qualitative leap in the format of court management. The analysis of practice shows that the chairmen of courts in Russia, taking into account the growing judicial burden, will not be physically able to perform the functions of a judicial manager without sacrificing the quality of the administration of justice. | organization of judicial activity support; Court administrator; Judicial Department; Judicial service; judicial reform; theory of state management; administration of courts; judicial system. |
Annotations and key words of the articles of the Bulletin № 2 (24)/2022
| № | Initials and surname of the autor (s) | Article title | Annotation | Keywords |
| 1 | Azhibayev Marat Gennadyevich | ISSUES OF BRINGING PERSONS TO RESPONSIBILITY FOR THE FINANCING OF TERRORISM AND EXTREMISM: LEGAL ASPECTS OF DOMESTIC AND INTERNATIONAL LEGISLATION | Terrorism and extremism today are among the main threats to international stability and national security of almost all countries of the world, therefore, the work to destroy them and undermining their economic component is the main task of law enforcement and special agencies and services. The domestic legislator is taking measures to counteract this phenomenon, one of which is the preparation and adoption of an appropriate legal framework. However, as the analysis of the provisions of national legislation has shown, some norms are repressive in nature, which contradicts the principles of justice and legality enshrined in the Constitution of the country. Such an approach creates some risks of human rights violations, undermines the image of Kazakhstan as a democratic and legal state. In this regard, the primary task of the native scientific community is to develop effective proposals for the implementation of these principles and to increase the level of human rights protection in countering manifestations of extremism and terrorism in society. The article discusses some problematic issues of respect for the rights of citizens in the framework of bringing persons to responsibility for the financing of terrorism and extremism, and also suggests measures to implement the principles of justice and legality in the criminal process and sentencing. |
human rights; criminal offense; state; legislation; punishment; extremism; terrorism; financing. |
| 2 | Aytkazin Yerlan Maidanuly
Ibragimova Flyura Galimovna Baizhumanov Nurlan Orazbekovich |
SEPARATE ISSUES OF THE PRACTICAL IMPLEMENTATION OF CHANGES TO THE LAW OF THE REPUBLIC OF KAZAKHSTAN “ON PUBLIC PROCUREMENTS” DATED NOVEMBER 15, 2021 | The authors of the article provide a detailed analysis of the amendments and additions made on November 15, 2021 to the Law of the Republic of Kazakhstan «On Public Procurement» dated December 4, 2015, as well as their practical application and implementation. The central issues on the studied issues are motivated prerequisites for making changes to the legislation of public procurement, forecasting the achievement of expected results. Particular attention is paid to the effectiveness of the practice of changing legislation in order to form a system capable of resisting corruption and ensuring transparency. The authors make proposals to eliminate contradictions between the norms of legislative acts regulating the public procurement system, and draw conclusions about the need to return some of the excluded norms and make some changes. Recommendations have also been developed to improve the law in this area. |
public procurement; public procurement contract; customer; supplier; tender; auction; tender; procurement from one source; electronic wallet. |
| 3 | Alshymbek Dauren Bolatovich
Kaishatayeva Assel Kuandykovna |
CURRENT PROBLEMS OF NOTARY CERTIFICATION OF THE SURROGATE MATERNITY AGREEMENT UNDER THE LEGISLATION OF THE REPUBLIC OF KAZAKHSTAN | In the article, the authors present the results of the study of the regulatory framework on the procedure for notarization of surrogacy in Kazakhstan. The main provisions of the content of the surrogacy contract are considered, namely: the subject, the rights and obligations of the parties and the duties of the notary at the conclusion of the contract. Special attention is paid to the concept of «subjects of the surrogacy contract», so for one of the parties in the legislation three terms are used: «spouses», «persons married and wishing to have a child», «customer», which carry the same semantic meaning among themselves. At the same time, the legislator does not consider the concept of the term «customer», which raises the question of the expediency of using these identical terms in legislation. The authors also consider the issue of the participation of foreign citizens as subjects of the surrogacy contract. Domestic legislation does not restrict the participation of foreign citizens in this process, but the question arises, does the country of a foreigner allow having children in this way? Based on the study of this problem, the authors propose to conduct a mandatory legal consultation with a notary before concluding a surrogacy agreement with the participation of foreign citizens. |
surrogate mother; surrogate motherhood; surrogacy contract; reproductive methods; notary; spouses; customers; foreign citizen; notarial certificate. |
| 4 | Baetov Kanat Zhamalkhanovich | IMPROVING THE NORMS OF CRIMINAL LIABILITY FOR VIOLATIONS OF INDUSTRIAL SAFETY REQUIREMENTS OF HAZARDOUS PRODUCTION FACILITIES: DOMESTIC AND FOREIGN ASPECT | The issues of industrial safety of hazardous production facilities are always relevant, since not only reliable provision of society and the state with all types of resources and products depends on the state of industrial safety of facilities, their emergency resistance, but also the maintenance of normal conditions for the life of citizens of the country, the preservation of the environment. The legal basis for ensuring industrial safety, first of all, should be aimed at preventing accidents at hazardous facilities. In the article, the author analyzes the norms of domestic and foreign legislation in the field of criminal liability for violations of safety rules at various production facilities. Taking into account that in developed countries uniform standards of compliance with industrial safety requirements for all industries have been established, as well as the responsibility of employers has been strengthened, in order to improve the preventive role, a new version of Article 281 of the Criminal Code of the Republic of Kazakhstan is proposed, corresponding not only to current trends in the development of industry in Kazakhstan, but also to the criminogenic situation in this area. |
industrial policy; industrial safety; hazardous production facility; Ministry of Emergency Situations; employer; employee; owner; official; special entity. |
| 5 | Baigundinov Yeldos Nagymbaevich
Kambarov Azamat Kambaruly Potapov Dmitry Petrovich |
PERSONALITY TYPOLOGY OF MOTHERS WHO KILL THEIR NEWBORN CHILDREN | In the article, the authors provide an analysis of the murder of a newborn child by mothers, as well as crime in this area, in general. Study of the personality of the criminal is importance of the article. One of the most difficult problems studied by humanity is the mystery of the nature of man himself. The study of the personality of the criminal is a complex problem, its research is carried out by personologists, sociologists, psychologists, teachers, legal scholars and others. The point of this issue lies in the majority of serious problems of mankind: poverty of the bulk of the population, the widespread use of drug and alcohol addiction, cruelty and indifference of the population to the problems of others. The possibility of eliminating the above problems will depend on how widely and comprehensively the problem of the criminal’s personality will be studied. The authors highlight the following motives of mothers who kill their newborn children, which underlie criminal behavior and crime itself: socio-economic, socio-psychological, including both violent-selfish and frivolously irresponsible and other determinants of personality. | newborn child; social status; mother-killer; socio-economic; frivolously irresponsible; pregnancy; addiction; alcoholism. |
| 6 | Baisultanov Altai Bisenovich | ISSUES OF IMPROVEMENT OF MEASURES TO PREVENT ESCAPE FROM PLACES OF DEPARTMENT OF LIBERTY, FROM ARREST OR FROM DETENTION | The public danger of escape lies in the fact that this act leads to destabilization of the activities of institutions of deprivation of liberty and hinders the achievement of the goals of punishment. It is determined that the correction of the offender, as one of the goals of punishment, is a guarantee that he will not commit a crime again. An escaped convict has a negative impact on other convicts and attracts significant material resources and forces of employees of the penitentiary system to the search and detention of criminals. Properly organized work in this direction and the interaction of employees of all departments of institutions executing sentences related to deprivation of liberty will allow timely identification of the causes and conditions conducive to escapes. The article also discusses the main measures of special prevention of escapes, the process of improvement and direction of individual prevention of this type of crime. |
prophylaxy; prevention; convict; institution; education; correction; criminology; special prevention. |
| 7 | Igonina Elena Olegovna | CRIMINAL-LEGAL ASSESSMENT OF CARELESS ACTS OF MEDICAL WORKERS ON THE EXAMPLE OF LAW ENFORCEMENT PRACTICE OF THE REPUBLIC OF KAZAKHSTAN AND THE RUSSIAN FEDERATION | The topic of criminal liability of medical workers for admitted defects in treatment remains resonant to date. The author conducted a comparative legal study of the responsibility of medical workers in foreign legislation: the criminal law norms applied in the qualification of iatrogenic crimes in the Republic of Kazakhstan and the Russian Federation are analyzed. Unlike the criminal legislation of the Russian Federation, the Criminal Code of the Republic of Kazakhstan provides for special criminal law norms regulating the responsibility of medical workers. The article presents the judicial and investigative practice of both countries. The appeal to foreign legislation made it possible to focus attention on the problem of establishing a causal relationship, which is a mandatory feature of the objective side of crimes with a material composition, which is universal for law enforcement officers. According to the results of the research, the author of the article proposed the adoption of acts of official interpretation: Resolutions of the Plenum of the Supreme Court of the Russian Federation, in the Republic of Kazakhstan – Resolutions of the Supreme Court of the Republic of Kazakhstan «On certain issues of qualification of medical criminal offenses», in order to clarify the legal norms, the application of which caused difficulties or for which a contradictory approach was found in judicial practice. | iatrogenic crimes; medical worker; medical error; defect; causation; consequences; judicial practice; qualification. |
| 8 | Kambarov Azamat Kambaruly
Karazhanov Malik Dulatovich |
SOME THEORETICAL ASPECTS OF COMBATING CRIMINAL OFFENSES IN THE FIELD OF INFORMATIZATION AND COMMUNICATIONS | In modern conditions, the prevention of criminal offenses should be aimed not only at reducing offenses provided for by material law, but also at neutralizing possible negative criminal consequences from positive social phenomena that are the process of informatization of modern society. Promising areas of preventive work with offenses in the field of informatization and communication cover issues of improving legislation that provide for responsibility for this type of offenses. The national legal framework for combating computer offenses covers the range of current legislation regulating the rules for working with information, including with a computer, and establishing responsibility for their violation. However, some legal norms do not have a positive result. Legal prohibition must be combined with moral and ethical measures. These include the norms of behavior and ethics that have developed in the information environment and are intended to form moral and moral consciousness on the basis of universal human values when distributing computers in society. The scientific article notes that absolute reliability and security in computer networks cannot guarantee any hardware, software and other solutions. However, only with a comprehensive approach to security issues can the risk of loss be reduced. | computer technology; telecommunications; Internet; information security; cybercrime; informatization and communication; computer offense; computer program. |
| 9 | Tulebaeva Dinara Turginbaevna | PROCEDURAL ISSUES OF CALCULATING THE TERMS OF INVESTIGATION AND DETENTION OF A SUSPECT RELATED TO THE RETURN OF A CRIMINAL CASE FOR ADDITIONAL INVESTIGATION | In the article the author discusses the specifics of calculating and extending the terms of investigation and the terms of detention of a suspect at the pre-trial and judicial stages when sending the case for additional investigation and referral of the case by the court to the prosecutor. The preventive measure in question is the most severe one provided for by the criminal procedure legislation of the Republic of Kazakhstan, which increases the responsibility of the person conducting pre-trial proceedings and the court that authorized the chosen preventive measure. When deciding on the election of a preventive measure against a suspect in the form of detention, the body conducting pre-trial proceedings must each time consider the possibility of applying another preventive measure unrelated to the restriction of his constitutional rights. Since the procedure of criminal proceedings established by the Criminal Procedure Law is aimed at protecting against unjustified accusation and conviction, illegal restriction of human rights and freedoms. The article provides examples when the «delaying» of criminal proceedings leads to infringement of the constitutional rights of its participants. The paper suggests possible changes in the terms of detention of persons aimed at reducing their duration. | detention; suspect; extension of the term; additional investigation; return of criminal case; court; prosecutor; investigator; constitutional rights. |
| 10 | Ualiyeva Assel Mukhametbekovna | SOME ASPECTS OF SOCIAL ENTREPRENEURSHIP IN KAZAKHSTAN: ANALYSIS AND PROSPECTS | Social entrepreneurship is a relatively new phenomenon, capable of solving such important social problems in society as: low standard of living and poverty, unemployment, alcoholism, social tension. In economically developed countries of the world, social entrepreneurship has been brought to a high level of activity, whereas in the Republic of Kazakhstan this institution exists relatively recently. In the article, the author analyzes foreign experience and identifies problematic aspects of improving domestic social entrepreneurship. Based on the results of the SWOT-analysis, the main proposals for the development of social entrepreneurship in the Republic of Kazakhstan are formulated: increasing the social responsibility of businessmen by reinvesting part of their income in the development of social entrepreneurship; expanding the scope of social entrepreneurs’ activities by simultaneously solving problems of health, ecology, and other areas; developing the autonomy of social entrepreneurs from state support, since financial dependence on the state sometimes increases during periods of economic crises, rising inequality, etc. | social entrepreneurship; social problems; entrepreneurial activity; social responsibility; social entrepreneur; social sphere; SWOT-analysis; social problem. |
Annotations and key words of the articles of the Bulletin № 3 (25)/2022
| № | Initials and surname of the autor (s) | Article title | Annotation | Keywords |
| 1 | Akhmetov Erik Bulatovich | ANALYSIS OF THE APPLICATION OF THE PRINCIPLE OF THE ACTIVE ROLE OF THE COURT IN ADMINISTRATIVE PROCEDURE OF THE REPUBLIC OF KAZAKHSTAN AND IN FOREIGN COUNTRIES | The article discusses the application of the principle of the active role of the court in the administrative proceedings of the Republic of Kazakhstan and foreign countries. The main focus is due to the identification of the main function and the system of application of this principle. It was conclued concludes that the judge should apply the principle of the active role of the judge in order to have a fair trial within a reasonable time. A brief overview of the principle of the active role of the court in the administrative proceedings of the Republic of Kazakhstan, and its implementation in the countries was conducted. The author also concluded that the main feature of the principle of the active role of the court is its direct action and specific regularity. The principle is formulated not as declarations. It is built with a clear and pragmatic purpose – to act as a special means of legal regulation. The author also believes that the principles of administrative procedures are a special group of principles of managerial administrative law. | administrative procedure; administrative justice; administrative court; system of principles; hierarchy; legality; officials; Supreme Court. |
| 2 | Baikenova Gauhar Dauletbaevna | COMPENSATION PAYMENT TO STUDENTS UNDER THE FORM OF DUAL EDUACATION: RIGHT OR DUTY | This article presents the results of a study of the organizational and legal aspects of compensation payments in a dual form of education. The author analyzes the current legislation for the presence of an imperative or dispositive nature of the compensation payment for the employer. The author revealed some inaccuracies in the legislation, in connection with which the definition of an unambiguous conceptual apparatus has theoretical and practical significance. Despite the successful experience of Kazakhstan in introducing dual training, the issue of a fair balance of the tripartite agreement remains open. According to the author, there is a violation of the rights to the remuneration of the student. In this connection, the author raises the question of the need for legal consolidation of the mandatory compensation payment to the student. Foreign experience on the system of dual education, including the legislation of the states of Germany and China, in which it is customary to consider dual education from the point of view of labor relations is studied. As a result of the analysis of the local legislation, the author concluded that it is necessary to establish a mandatory compensation payment to a student in dual training. Recommendations have been prepared for making changes and additions to the Labor Code of the Republik of Kazakhstan. | dual training; personnel training; student rights; compensation payment; student; industrial training; professional practice; labor functions. |
| 3 | Yessenzholov Nurolla Ergalievich | SOME ISSUES OF FORMING A MODEL OF ADMINISTRATIVE JUSTICE IN KAZAKHSTAN | The article is devoted to the analysis of the features of the model of administrative justice in Kazakhstan. The study examines the formation of administrative justice, the system and content of administrative courts and administrative proceedings. Administrative justice is a special institution of law and order that exercises control over the executive power and protects the rights of citizens (organizations). At the same time, it was determined that the formation and relevance of the model of administrative justice are associated with the political and cultural conditions of state building and society. The study analyzes the models of French, German, Anglo-Saxon administrative justice and the features of the application of their individual elements in the system of Kazakhstani administrative justice. The conceptual foundations for considering the rights and freedoms of citizens in the context of legality in the content of administrative law, which is the basis of administrative justice, are given. In the course of the analysis, the basics of distinguishing between public law disputes and cases of administrative offenses in administrative courts were reflected in the formation of the local foundations of administrative justice. Guided by the goal of the idea of a «rule of law» in management, administrative justice strengthens equal, legal relations between the administration and citizens. Some mechanisms were presented, procedural features of administrative and judicial proceedings, the foundations of theoretical development close to the German model. | administrative justice; model; administrative proceedings; administrative law; administrative management; principle; legal dispute; human rights; control. |
| 4 | Zhurunova Mereke Konyshanovna
Ospanova Aidana Nurgalievna Akhmetov Erik Bulatovich |
CERTAIN ISSUES OF ADMINISTRATIVE LIABILITY FOR VIOLATION OF THE LEGISLATION ON BANKRUPTCY OF CITIZENS OF THE REPUBLIC OF KAZAKHSTAN | As a result of discussions on the adoption of a law on the bankruptcy of individuals related to the regulation of the socio-economic situation of the population in the Republic of Kazakhstan, work was carried out on its development and preparation, however along with the adoption of the this law there is a need to introduce amendments and additions to the accompanying laws. In the scientific article the justification of the appointment of administrative responsibility in relation to the subject who violated the law in connection with the bankruptcy of citizens is considered. The purpose of the article is to conduct a complex analysis of some questions of the purpose of administrative liability, in connection with the restoration of solvency and bankruptcy of citizens with the submission of proposals necessary for its legislative regulation. Analytical information reflecting the level and significance of the problem of bankruptcy of citizens, law enforcement practice, judicial practice, the statistical indicators were studied. | bankruptcy of citizens; insolvency; rehabilitation; insolvency; fictitious bankruptcy; debtor; financial manager; administrative responsibility. |
| 5 | Otcheskay Tatiana Ivanovna
Shkurova Polina Dmitrievna |
CAUSES AND CONDITIONS OF CRIMES COMMITTED BY MINORS AND THE INFLUENCE OF THE PRODECUTORS OFFICE ON THE LEVEL OF JUVENILE DELINQUENCY | This article highlights issues related to crimes committed by minors in the Russian Federation. The authors emphasize that various events at all stages of the country’s development influenced the criminality of representatives of different ages. However, the influence of the family, the educational process and the environment cannot but affect the deviant behavior of minors. The article provides statistics of the Prosecutor General’s Office, judicial practice of the Highest judicial instance of the country, showing the importance of further interaction between the legislator and law enforcement agencies in crimes committed by minors. The results of statistics indicate the negative impact of information openness on the immature psyche of a minor, encouraging him to commit illegal acts. Author studied the prospects for reducing crime in this direction and the impact of prosecutorial supervision over the implementation of laws on the observance of the rights of minors. | Prosecutor General’s Office; informal associations of minors; juvenile delinquency; re-commission of crimes; legal awareness; prevention of child crime; crime reduction; social networks. |
| 6 | Rufanova Victoria Nikolaevna | CRIMINAL LAW MODEL OF RESPONSE TO DOMESTIC VIOLENCE IN UKRAINE | In the article author examines the problem of domestic violence as one of the most common forms of human rights violations, which affects the most vulnerable groups of the population: children, the elderly, people with disabilities, women who are financially, psychologically or otherwise dependent. Both in the scientific world and in law enforcement practice, various discussions are held, tools for countering the phenomenon under consideration are discussed, the article presents some views of scientists on this issue. The insufficient effectiveness of the existing norms of the criminal law of Ukraine led to the adoption of a special norm providing for criminal liability for domestic violence as such. The publication provides an analysis of the criminal legislation of Ukraine on discussea question, describes positive experience in improving the effectiveness of criminal law measures to counter domestic violence, and identifies the most effective forms of them. | domestic violence; corpus delicti; law; criminalization; victim; qualifying attribute; court; act. |
| 7 | Tapakova Vilor Bashkirovna | HUMAN RIGHTS OR SECURITY: PARADOXICAL CONTRADICTIONS IN THE PERIOD OF COVID-19 (FOREIGN EXPERIENCE) | In the article author examines the qwestion of realization of human rights and freedoms, including in the context of their restriction, as one of the aspects of the COVID-19 pandemic. Based on the analysis of international law, judicial practice and the media, it is concluded that the created legal and organizational framework for regulating the current situation is characterized by inconsistency, lack of «transparency» and radicality. The author that in a number of countries the authorities have not ensured the observance of the right to freedom of expression, applying sanctions against journalists and health workers. As a result, this led to the restriction of effective public awareness of the spread of infection and to the undermining of confidence in the actions of the state. The author believes that it is necessary to refrain from total and excessively broad restrictions on freedom of movement and personal freedom and resort to mandatory restrictions only in cases where it is justified and necessary from a scientific point of view and when it is possible to ensure the availability of support mechanisms for the affected population. Conclusions were drawn on the direction of improving the organizational and legal framework and recommendations were made to the authorized bodies. | life; medical care; UN; pandemic; human rights; law; court; COVID-19. |
Annotations and key words of the articles of the Bulletin №4/2022
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Автордың
Т.А.Ж |
Мақаланың атауы | Аннотация | Түйінді сөздер |
| 1 | Aminev
Farit Gizarovich
|
«On the need for continuous improvement of organizational, legal and methodological support of forensic expert activity» | An urgent task in improving the quality of legal proceedings at the present stage is to increase the efficiency of forensic expert activity. The article shows that this task in the context of the ongoing reform of judicial proceedings in the Russian Federation can be solved only through continuous improvement of organizational, legal and methodological support of forensic expert activities. In the absence of a new federal law on forensic expertise, possible variants of some provisions of this law that can improve the quality of professional training of forensic experts are indicated. The most acute problems of forensic expert activity outside the state forensic expert institutions (organizations) are considered and optimal ways of their solution are developed. Recommendations have been developed and proposed for the training of forensic experts, the admission of qualification exams from them, and the interaction of state and non-state forensic expert organizations. | forensic expert activity; improvement;
expert; forensic expert organization; standardization; expert methodology; Chamber; expertise. |
| 2 | Pavlichenko
Nikolay Vladimirovich
Tambovtsev Andrey Ivanovich
|
«Functional formation and legal consolidation of operational-investigative tools in Russia» | The article examines the experience of the Russian Federation in the functional formation and legal consolidation of operational investigative tools in the activities of internal affairs bodies and other law enforcement entities. The authors state an original and specific way of normative consolidation of operational investigative tools, taking into account the peculiarities of the Russian mentality and the special historical experience of its formation.
Problem statement: the improvement of the normative legal consolidation of operational investigative tools, the mechanisms of its use in order to solve the tasks of operational investigative activity requires a deep study of the retrospective aspects of this activity and taking into account the processes of objective reality accompanying it at various historical stages. He purpose of the study: to study the retrospective aspects of the functional formation and legal (regulatory) consolidation of law enforcement tools, the formation of conclusions and proposals for its improvement on this basis. Research methods: dialectical method as a universal universal method of cognition, general scientific formal-logical methods of cognition (analysis and synthesis, deduction and induction, analogy), systematic approach. Results and key conclusions: Based on the conducted research, the authors believe that the issues of improving operational investigative tools, the forms of its external implementation, should take into account external, objectively changing realities, which, with their timely regulatory consolidation, will allow solving the tasks of operational investigative activities. In addition, an important element of improving operational investigative tools is borrowing positive experience from our friendly geopolitical neighbors with a similar legal system for securing operational investigative activities. |
operational investigative activity;
tools; operational investigative measures; law. |
| 3 | Sekishev
Askar Asankhanovich |
«The scope of the prosecutor ‘s criminal prosecution in criminal proceedings» | The reason for the preparation of this article was the anniversary date – the 100th anniversary of the formation of the prosecutor’s office.
The author’s gaze was directed to the stages of development of the prosecutor’s office during the years of independence of Kazakhstan. First of all, our attention is drawn to the constitutional changes in the appointment of the prosecutor’s office in 2017, one of which is the implementation of criminal prosecution on behalf of the state, since it caused a different interpretation among scientists and practitioners. It is worth noting that the problem of defining the concept of «criminal prosecution» has been dealt with and is being dealt with by both legal scholars of Kazakhstan and foreign ones. From the latter, it is more expedient to conduct a comparative analysis with scientific conclusions, recommendations and approaches of Russian and Soviet scientists. The issue under consideration also has historical roots. Article 7 of the CPC of the Republic of Kazakhstan clarifies the concept of «criminal prosecution», which the legislator designated as the procedural activity of the prosecution.This is required for a clearer definition of the competence of the prosecutor’s office in the new conditions of the three-tier model of the criminal process. The presented publication raises questions about the development of a unified, not only scientific, but also practical approach to explaining the concept of «criminal prosecution» carried out by the prosecutor.It is aimed at showing the powers of the prosecutor on behalf of the State to carry out criminal prosecution, establishing its specific framework. |
criminal procedure; constitutional appointment of the prosecutor’s office; criminal prosecution;
pre-trial investigation; pre-trial proceedings; judicial investigation; accusatory speech. |
| 4 | Temirgazin
Roman Khurmatullayevich
Utebaev Yerzhan Kenesovich
Seidanov Aibek Bagdadovich |
«The Mindmap method in the organization of the investigation of technogenic crimes» | The article describes the use of forensic tactical operations during the pre-trial investigation of accidents and man-made disasters. Taking into account the ever-increasing detrimental impact of man-made accidents and the aggravation of the consequences of their impact on national security in the Republic of Kazakhstan, the relevance of effective methods for improving tactical operations to investigate man-made accidents is substantiated.
The aim of the study was to develop a set of practical measures to improve the efficiency of forensic pre-trial investigation of man-made accidents. An algorithm for modifying the Mindmap method into the practice of implementing forensic tactical operations during the pre-trial investigation of man-made accidents is argued and presented. A structural and logical model has been developed to improve the criminal pre-trial investigation of man-made criminal incidents in Kazakhstan. |
technogenic criminal incidents;
Mindmap; technogenic safety; investigator; pre-trial investigation; logical model; forensic version. |
| 5 | Belyaeva
Larisa Ivanovna |
«Criminal policy in the system of state policy of combating crime in the Russian Federation» | The article is devoted to the theory and practice of criminal policy formation, its characteristic as an integral part of state policy is given. Attention is paid to the general characteristics of the state policy of combating crime, the place in it and the relationship with it of criminal policy. Its connection with the social and legal policy of the state, their mutual influence is noted. The scope of criminal policy is characterized: international, interstate, federal, regional and local.
It is shown that there is a general strategic goal of criminal policy and the specifics of its strategic goals of certain stages of the development of the state, conditioned by specific socio-economic and socio-political conditions. The characteristic of these goals is given. The features, characteristic features and content of criminal policy are considered. Attention is focused on the role of the public in criminal policy, the importance of legal culture and legal consciousness for the development of criminal policy. It is proved that criminal policy as a state-legal phenomenon is characterized by such qualities as static and dynamic at the same time. The general characteristics of the directions of criminal policy are presented depending on its structural element, object, nature of the encroachment, the persons who carry it out, the functions of the subject of criminal policy and other grounds. Topical issues that deserve scientific attention and research are noted. |
state activity;
personality; society; strategic goals; criminal policy; criminal encroachments; law enforcement; security; crime; countering crimes. |
| 6 | Kulmukhanbetova Bibigul
Amanzholovna |
«Prevention of sexual violence against children in foreign countries (using the example of Canada, USA)»
|
Countering sexual violence, especially against minors, is relevant. The article provides an overview of the experience of Canada and the United States in countering sexual violence in general and against minors in particular. This review is based on an analysis of Canada’s national strategies to combat sexual violence against children, such as the National Strategy for the Protection of Children from Sexual Exploitation on the Internet; the Strategy to Prevent and Address Gender-Based Violence; the Strategy to Combat Human Trafficking 2019-2024; The Canada’s Roadmap to End Violence Against Children. On the basis of the US Federal Law «On the Protection and Safety of Children», the system of registration of sex offenders and DNA databases, child protection grant programs and other initiatives aimed at preventing the actions of sex offenders and those who persecute children and their punishment are considered. Taking into account the existing measures in Kazakhstan, the author suggests measures to implement the experience of Canada and the USA. | DNA database;
criminal database; victimization; security measures; sex offenders tracking; sex offenders registration; sexual exploitation; sexual violence against children. |
| 7 | Ibragimova
Flura Galimovna
Aytkazin Yerlan Maydanuly
Kaliyauov Zhenis Tleugazyevich |
«Some aspects of legal regulation of the quality of medical care in the Republic of Kazakhstan: problems and solutions» | The article examines the activity and efficiency of the health care system in the field of improving the quality of medical care in the Republic of Kazakhstan.
The regulatory legal framework has been studied, foreign experience has been reviewed, and relevant proposals have been given. The study identified the reasons affecting the provision of high-quality medical care, the main of which are the shortage of medical workers, the payment of medical services, weak public control over the quality of services provided by medical organizations, as well as the slow process of introducing a system of compulsory insurance of professional liability of medical workers in the country. The authors proposed solutions to these problems and considered the positive prospect of improving the quality of this type of services, provided the introduction of a system of compulsory insurance of professional liability of medical workers. |
medicine;
patient; healthcare; medical services; quality of medical care; medical insurance; doctor; medical organization; professional responsibility of medical workers. |
| 8 | Amirova
Meruert Askarovna
Ibragimova Flura Galimovna |
«Legal regulation of public procurements in the sphere of health care in the Republic of Kazakhstan»
|
The article examines the current state of the legal regulation of public procurement in the healthcare sector in the Republic of Kazakhstan. Nowadays, public procurement in the Republic of Kazakhstan is carried out in accordance with the Law of the Republic of Kazakhstan «On Public Procurement», the norms of the Civil Code, resolutions of the Government of the Republic of Kazakhstan and other regulatory legal acts.
The article substantiates the relevance of using the public procurement mechanism in the healthcare sector to save budget funds. The author considers the positive aspects and shortcomings of legal regulation in this area. The foreign experience of public procurement in the healthcare sector has been analyzed and studied. The author formulated proposals for improving the legal regulation of public procurement in the healthcare sector of the Republic of Kazakhstan. The article deals with the problems of legal regulation of public procurement in the Republic of Kazakhstan, as well as the practice of applying procurement procedures in the healthcare sector. |
healthcare;
public procurement; law; international experience; health protection; procurement procedure; contract; legislation. |
| 9 | Ualiyeva
Assel Mukhametbekovna |
«On the question of the correlation of the definitions of «volunteering», «charity» and «social entrepreneurship» and their place in the structure of social responsibility of business» | The article discusses the definitions of «volunteer activity» (volunteering), «charity» (volunteerism) and «social entrepreneurship», «social responsibility of entrepreneurship» reflected in the legislation of Kazakhstan, and also reveals the essence and understanding of the concepts. The results of the theoretical analysis allow us to speak about a certain ratio of the contents of the described concepts, since all three institutions solve problems of society.
In addition, these concepts are reflected in the structure of social responsibility of entrepreneurship. The concept of «social entrepreneurship» is proposed for use in theory, which reflects the need to use the tools of volunteering and charity in order to carry out social and entrepreneurial activities. It was also initiated to consider charity as not just assistance that generates dependent moods among socially vulnerable categories of citizens, but to use it more rationally in cooperation with social entrepreneurship, through the mechanism of SMS donations. To implement this task, it is proposed to introduce an SMS donation tool in the field of social entrepreneurship, which will allow citizens, through a payment terminal, a bank mobile application, a bank card or a web wallet, as well as SMS messages from a mobile phone, to provide material support to social entrepreneurs, children suffering from serious illnesses, etc. The legal introduction of the institute of SMS donations for social entrepreneurs is proposed to be carried out with the reservation «only for social entrepreneurs who are in the register of social entrepreneurs», which will activate businessmen to engage in such activities and the desire to be registered in the register. |
social entrepreneurship; volunteering;
charity; volunteerism; entrepreneurial activity; non-governmental organizations; social problems; socially vulnerable layers of the population. |
| 10 | Mukhambetova
Indira Saldosovna |
«Formation and current status of the international institutional system of refugee protection» | The relevance of the problem presented in the title of the article is due to the increase in refugee flows in recent decades. The main causes of displacement are war, armed conflict, and outbreaks of violence, exacerbated by pandemic and climatic disasters. At the beginning of 2022, the number of displaced people worldwide exceeded 84 million. The number of refugees during this period reached the figure of 21 million people.
The 1951 Convention relating to the Status of Refugees (Geneva Convention) and its 1967 Protocol are the only universal treaties that establish a specific legal regime for refugees. The main actor guaranteeing the implementation of the refugee regime at the international level is the UNHCR. Currently, work on improving institutional instruments to support the international refugee regime continues. |
refugee;
migration crises; refugee rights; refugee regime; refugee protection; asylum system; global compact; New York declaration. |