Annotations – 2016 year

Annotations and key words of the articles of the Bulletin №1/2016

№ Initials and surname of the autor (s) Article title Annotation Key words
1 Baizhanov U.S. «Science and education as factors in the formation of professional competence of employees of law enforcement agencies» «И Е The article examines the role of education and science in the formation of professional competence of employees of law enforcement bodies, the value of Academy of law enforcement agencies in the implementation of tasks for training and retraining of law enforcement officers, masters and doctors of law enforcement for the law enforcement system. science, education, law enforcement, scientific research, educational process, professional development, legality, efficiency and validaty of the law enforcement activities, postgraduate education
2 Vasilevich G.A. «The Constitution of the Republic of Kazakhstan – the basis of transformation of societyand the state» The author reveals the legal and social nature of the Basic Law of the Republic of Kazakhstan – the 1995 Constitution. The authors studied the political, legal and social essence of the Constitution of the Republic of Kazakhstan as a kind of legal-cultural phenomenon, defining the development of Kazakhstan’s society and the state after independence. It gives full constitutional and legal characteristic of the sovereignty of the Republic of Kazakhstan Constitution and its importance in the strengthening and development. Constitution of the Republic of Kazakhstan, the sovereignty of the state, society
3 Vasilvich S.G. «The State as an institution of social control» The article explains the idea of strengthening the state as the main subject of legal relations, ensuring the well-being of society. The views of scientists on the state, its role and place in modern conditions. Express some ideas and estimates of the directions of development of the state. State, law, management, power
4 Ongarbayev E.A. «The role of the prosecutor in the pre-trial investigation» The paper examines the role of prosecutor in the pre-trial proceeding investigation in European countries state members of the European Union European countries. prosecutor, pre-trial proceedings investigation, legal proceeding prosecutor, experi- ence of state members of the European Union
5 Utibayev G.K. «Effective coordination of activities and its criteria» In this article the author discusses issues concerning the effectiveness of coordination of activity of bodies of Prosecutor’s office. Analyzes the meaning of the word “effect” and its evaluation category. coordination activities, the effectiveness, coordination meetings, the law enforcement agencies
6 Abdrasulov E.B.,  Shalabayev S.R. «Interaction of Prosecutor bodies of the Republic of Kazakhstan and other governmental authorities of the Republic of Kazakhstan: the concept, the principles and foundations of legal regulation» The article deals with the definition of the value of the identified “interaction” between state bodies of the Republic of Kazakhstan, addressed the problem of classification, principles of regulatory cooperation and the prosecutor’s office and other state bodies. state bodies, interaction, prosecuting authorities, the principles of interaction, forms of interaction, legal regulation, the parliament, the judiciary.
7 Onlanbekova G.M. «Improvement of interaction of the court and the prosecutor’s office as a condition for effectively addressing common objectives of the court and prosecutor’s office» This paper discusses issues concerning the establishment of forms of interaction between the ju- diciary and prosecutors, as well as their organized forms of cooperation to provide clarification on the issues of judicial practice. the fight against crime, ensuring the legality of law enforcement agencies
8 Tokpayeva D.M.,  Kushbasov B.S. «Problems of development of the electronic payment system as an instrument to decrease shadow economy in Kazakhstan: current state and legal regulation» In this article authors makes a trial on a base of analysis of legal acts to give an electronic payment conception. This conception will give an opportunity to make unique approach in electronic payments in Kazakhstan. It helps to improve electronic commerce, reduce shadow economics in Kazakhstan and increase country’s investment attraction. electronic payments, electronic commerce, shadow economy, investment attractive- ness, development of Kazakhstan economy
9 Zhumagulov S.K.,  Kozhamberdiyeva A.S. «Society and the police: issues of interaction and prospects for their development» In connection with the modernization of the judicial system in the country in this article the authors focus on the consolidation of the state efforts and civil society in fight against crime. The authors examine the issues of cooperation between law enforcement agencies with the society in the field of crime prevention. Also authors examined the problem of an effectivenational system of crime prevention with real support of population and civil society institutions. state, civil society, police, crime prevention, law enforcement agencies, fight, consolidation, interaction, modernization
10 Zhursimbayev S.K. «The life of the prenatal child as an object of criminal-legal protection» The article analyzes the issues since the beginning of human life and its criminally-legal protection, international acts in the sphere of protection of human life, the criteria of human life and death, the mother is given the qualification murder of her newborn child. human life, children’s rights, abortion, the murder of a newborn baby, the end of life, the life of the intrauterine biological creatures, qualification murder
11 R. Pelizzo «A review of anti-corruption measures» The purpose of this article is to review several institutional mechanisms that can be used to fight corruption. In doing so, the paper discusses the role that anti-corruption agencies, ombudsman, and parliaments can play in contrasting corruption. In doing so particular attention is paid to the fact that parliaments can contribute in several ways to a country’s anti-corruption efforts. In fact, in addition to introducing anti-corruption legislation, electoral and party finance legislation, codes of parliamentary conducts, parliaments can perform an important oversight function monitor the implementation of the budget and the expenditure of public money. By doing so parliaments keep governments accountable and reduce the risk that public resources are misallocated and that government agencies and public servants may engage in corrupt practices. anti-corruption measures, sanctions, Parliament, ethical behavior code, non- governmental organizations
12 Kairzhanova S.E. «World experience and the experience of the CIS countries to penalize the creation and possession of pornographic materials or objects, including the use of minors» This article gives a brief historical review of “pornography” of the Institute, as well as the introduction of criminal responsibility for the crime. The author lists some countries with partial legalization of pornography. A brief description of the Institute of “child pornography” in foreign countries and CIS countries and offer child pornography prevention. pornography, child pornography, criminal responsibility, the spiritual development of minors, pornography, pornographic publications
13 Shumenova R.T. «The role of the universally recognized principles and norms of international law in the harmonization of conceptual and categorical apparatus of criminal procedural law of the Republic of Kazakhstan» In the scientific article the conventional principles and norms of international law are considered. In particular, the characteristic, concept of the conventional principles and norms of international law, their sources is given. Stages unification process are resulted. The conclusion that the conventional principles and norms of international law represent itself as modern forms and means of legal unification which provides unification both under the maintenance (contents) of adjustable remedial legal relations, and on used at transfer of the maintenance (contents) of the international norms to criminal trial, to concepts and categories is proved. the universally recognized principles and norms of international law; common concepts, terminology, definitions; unifikatsionny process; legal cooperation; conceptual-categorical apparatus of criminal procedural law
14 Karzhaubayev S.S. «The role of the media in overcoming corruption in Kazakhstan» This article defines the role of society in the fight against corruption, along with law enforcement and special agencies. We have disclosed the effect of the media on society in the fight against corruption. In this article the problem and the mechanisms for the formation of a negative attitude towards corruption through the media has been studied. It contains the primary task of the media to inform citizens about the concepts of corruption and liability for corruption offenses. We have offered a trajectory of media work aimed at the result. Revealed positive aspects of the method of permanent identification and publicity of all corruption cases. In this article we have given proposals to improve the awareness of the population about the forms of corruption through the media. corruption, society, anti-corruption strategy, the media, anti-corruption culture
15 Kemali E.S. «Criminal Policy of the Republic of Kazakhstan in the sphere of combating corruption» The article provides a description of the state of the criminal policy in the sphere of combating corruption at the present stage of development of the Republic of Kazakhstan. The author analyzed changes in the existing legislation in this field. corruption, crime, corruption, prevention and prevention of corruption, criminal policy, public service, abuse of power
16 Nurgazinov B.K.,  Baimukhametov E.I. «Improving the rules concerning the combating criminal offences against sexual inviolability of minors» The article analyzes the legal practice of pre-trial investigation of criminal offenses against sexual inviolability of minors, which revealed problems and shortcomings in the identification, pre-trial investigation and the use of persons engaged in pre-trial investigation, criminal law provisions related to the prevention of committing criminal offenses. The proposed measures will help to improve the criminal-legal measures of counteraction to criminal offenses against the sexual integrity of adolescents, protection of rights and legitimate interests of minors. The Criminal Code, the criminal law, the causes and conditions conducive to the commission of criminal offenses and other violations of the law, information and communication technologies, the prevention of the commission of criminal offenses
17 Esmahanov T.E.,  Tusupova T.G. «Formation in society “zero tolerance” for juvenile delinquenc» The authors consider the issues related to the prevention of juvenile delinquency in the Republic of Kazakhstan. Тhe authors investigated some organizational and legal aspects of the improvement of the activity of state institution. In addition, the authors highlighted the levels of the educational process of juveniles: family, school, society and the state, and provides effective ways of preventing juvenile delinquency. Juvenile justice, juvenile crime prevention, zero tolerance
18 Anisimov A.P. «Some theoretical and practical problems of the present stage of development of neighboring rights» In article it is proved that the legislation on the neighbour’s rights existing so far only in several countries of the former Soviet Union has narrow private character, is based on outdated legal designs, and modern options aren’t able to resolve the neighbour’s conflicts. For increase of its efficiency it is necessary to pass from perception of the neighbour’s right as spheres of private law to its understanding as coverages, mainly, of norms of public law which resolve the majority of the modern neighbour’s conflicts in the cities of Russia and the CIS countries. neighbors; conflicts; private law; public law; ecology
19 Godunov V.N. «Contract law: improving the general provisions» A variety of norms of contract law general provisions contained in the Civil Code of the Republic of Belarus in comparison with a civil legislation of other CIS countries are analysed in the article.These norms deal with an entrenchment of the principle of contractual freedom, determination of the con- tracts’ significant provisions, definition of standard form contract, reference of contract and legislation. Questions of the precontractual responsibility, position of government procurement agreements in the system of civil law contracts are considered. Reasonability of amendments and additions’ introduction in the Civil Code of the Republic of Belarus as well as in civil legislation of other CIS countries is sub- stantiated. contract, contractual freedom, conclusion of the contract, precontractual responsibil- ity, significant provisions of the contract, standard form contract, contract and legislation, government procurement
20 Kenjebayeva S.T. «Some questions of the new Labour Code of the Republic of Kazakhstan» In this article the author gives characteristics of content of the new Labor Code of republic of Kazakhstan. She provides analysis of fundamental changes in the Code. The article is written in a commentary form. Labor Code, statue, law, labor relation, legal institutes, international organization of labor, changes, necessity of enacting, gaps in legislstion, labor legislation
21 Abdrasulov E.B.,  Seytaeva Zh.S. «Issues of improving the educational activities for the preparation of master’s and Ph.D. students in specialized educational institutions of the Republic of Kazakhstan (on the example of the Academy of Law Enforcement Agencies of the General Prosecutor’s Office of the Republic of Kazakhstan)» The article is devoted to the problem of improvement of educational activities of master’s and Ph.D. students in specialized educational institutions of the Republic of Kazakhstan. education, graduate education, Master’s, Doctorate (PhD), the law enforcement agencies
22 Bekisheva S.D. «On the need for research on the socio-economic problems in departmental higher educational institutions of law enforcement agencies of the Republic of Kazakhstan» In the article the author discussed necessity of analysis of the socio-economic problems in the framework of inter-institutional research activities of the law enforcement agencies of the Republic of Kazakhstan. The solution to this problem is contributedby the Research Center for social-economic problems of the Interdepartmental Scientific-Research Institute of the Academy of law enforcement agencies of the General Prosecutor’s Office of the Republic of Kazakhstan. The author proposed recommendations for improving the activity of the Centre. social state, law enforcement, law enforcement agencies, interagency research, social and economic problems
23 Esimseitov B.R. «Some aspects of teaching legal linguistics in the educational process academy of law enforcement agencies» The author addresses to the young, rapidly developing science under the name of «juridical linguistics». The article represents an attempt to comprehend the role of a language in the professional activity of a lawyer. Also in article the juridical linguistics is considered as a separate subject. juridical linguistics, law, law language, legislative linguistics
24 Talkibayev A.B. «Implementation of a new pedagogical tools and methods in the educational process are based on competence approach» Introduction of modern pedagogical technologies in the educational process with requirements of competence approach in high educational institutions are given in this article. The author discusses some pedagogical means and teaching methods conductive to the intensification of the educational process. competence approach, visual learning, auditory learning, kinesthetic learning, modern methods
25 Karabayev G. «The fight against terrorism and religious extremism» In this article, the author conducted a brief analysis of the concepts of «religious extremism» and «terrorism», describes the terrorist organizations and their leaders, types and methods of terrorists, ethnic and religious conflicts. Efforts of the world community and Kazakhstan to combat these phenomena are considered. religious extremism and terrorism, terrorist organizations, form of terrorism: biological, chemical, nuclear, informational
26 Zhirenchina S.K. «The theoretical basis for the development of the Institute of alternative dispute resolution in Kazakhstan» The article considers some issues of the Institute of alternative dispute resolution in Kazakhstan, in particular, the problems of defining the essence and the legal nature of alternative dispute resolution. alternative dispute resolution, civil disputes, judicial and non-judicial dispute resolution, justice, forms of alternative dispute resolution
27 Kadyrov R.R. «Criminal legislation on false entrepreneurship in the conditions of action of the new Criminal code of the Republic of Kazakhstan» In this article author makes the comparative analysis of the norms of the Criminal Code of the Re- public of Kazakhstan from July 3, 2014, which providing for liability for false entrepreneurship with the norms of the Criminal Code of the Republic of Kazakhstan from July 16, 1997. The author formulated some suggestions on improving the criminal law on false entrepreneurship, as well as the conclusion about the necessity of unification of the regulatory decisions of Supreme court of the Republic of Kazakhstan on false entrepreneurship. Criminal Code, a regulatory decision, criminal law, economic crime, criminal respon- sibility, false entrepreneurship
28 Shubayev A.K. «To the question of the liability of the counterparties of false entrepreneurs» In this article the author on the basis of the analysis suggested that it is appropriate to increase the effectiveness of the fight against false entrepreneurship in the criminal law to provide for the establishing the criminal liability of counterparties of false entrepreneurship. false entrepreneurship, counterparty, criminal offense, criminal liability, tax liabilities

 

Annotations and key words of the articles of the Bulletin №2/2016

№ Initials and surname of the autor (s) Article title Annotation Key words
1 Oleynik V.I.  «Analysis of the legal regulation of traffic: domestic and foreign countries experience» This article analyzes domestic and foreign legislation in the field of road safety. It shows problematic issues of normative legal regulation of traffic. road safety, international acts, traffic management
2 Lepekha I.V. «The analysis of accidents on the roads of Kazakhstan» In the article the author presents a deep analysis of the state road accidents and deaths on the roads of Kazakhstan for the period 2011-2015 year. Statistical data indicates that the majority of accidents, or more than 90%, are caused by drivers who violate Traffic Rules (TR). In most cases, road accidents occur due to driving over speed limits. In addition, the author notes that over 3 thousand people are died per year on the roads, 200 of which are children. Most of the victims are young people aged 15-29 years. At the same time, men die 2.5 times more than women. In addition, the analysis of the state road safety in the regions was conducted. Most fatal accidents are registered in Almaty, South Kazakhstan region and Almaty region, as well as the East Kazakhstan region. The author says that car park of the country in recent years has increased three times which currently is 4,357,609 cars. In this regard, the country’s leaders give special attention on road safety particularly recent years. road safety, traffic accident, a comprehensive system approach, statistics
3 Seksembayev M.I. «Problematic issues prevention of violations in the field of road safety» The author of the article presents statistical information about administrative offenses on transport. As noted in the article, in the country only in 2015, about 2 million ofpeople, or 11% of the population, have been brought to administrative responsibility for offenses in the sphere of road safety. For certain offenses there is a rise. Every year for committing a traffic accident about 70 thousand people are brought to administrative responsibility, 93% of which are subject to penalties, 6% are deprived of «driving license», 1% of administrative arrest. It is proposed to strengthen the prevention of such practices as «zero-tolerance», 100% recovering of administrative fines, etc. road safety, traffic accident, speed limits, administrative offenses, statistics, crime prevention
4 Vuinovich М. «Prevention of road traffic accidents in Kazakhstan – enhancing capacity for achievement of Sustainable Development Goals» The magnitude of road traffic crashes related deaths in the world is a significant threat to sustainable development and has been captured in SDG 3.6, halving number of deaths due to road traffic crashes by 2020. The magnitude of the problem causes also significant societal losses ranging from 0.6% to 5.8% of the GDP, with a median of 1.4% of the GDP but more analyzis is needed using a standardized methodology. Most affected are vulnerable population groups, and road traffic accidents are globally the leading cause of death among youth 15 – 29. The problem in Kazakhstan is significant despite positive observed trends. According to WHO Detailed Mortality Data Base figures, Kazakhstan holds the 4th place among 53 member states of the WHO European region, per deaths due to transport accidents. In Kazakhstan road traffic crashes are the leading cause of death in young age groups, from 5 – 29. Among European countries Kazakhstan holds the 3rd place with 5.3 deaths per 100,000, or a total of 21 infants who died, only after Russian Federation (55 deaths) and Turkey (45 deaths), countries with an 8th fold and 5-five larger population. Kazakhstan loses 596 years of life due to these deaths. The problem of road traffic crashes is men-made and thus preventable. Addressing 5 key behavioural risks for road safety, speed, drink driving, use of belts, use of child restraints and use of helmets for bicycle and motor riders are key interventions which can help in achieving this SDG target. Kazakhstan has a huge potential by using 4 key interventions, reducing speed to 50 km in cities, and 30 around schools and residential areas, using seat belts on front and rear seats, addressing drink driving and appropriately using child restraints in cars, to reduce these losses, especially at young ages. An enabling policy environment with a national multi-sectoral strategy with focused objectives and targets in line with Health 2020 policy framework for health and wellbeing, and use of communication for social and behavior change techniques, are recommended to address this problem in an effective way and with sustainable results. Actions for improving road safety will directly contribute to Kazakhstan’s achievement of national and global strategic goals, in particular better health and well-being for all (SDG3), better economic development (SDG8), sustainable cities and settelements (SDG 11), and take urgent action to combat сlimate change and its impact (SDG13). road traffic crashes, prevention, children and youth, multi-sectoral, SDGs, behavior
5 Sasenov A.B. «Low level of knowledge of traffic rules and legal culture as the main causes of road accidents» The article discusses issues of the causal link between the accident and low level of knowledge of traffic rules and culture of behavior in the road environment. The author draws attention to the fact that the majority of road accidents occur because of the person, and as a result of a conscious violation of traffic rules. As one of the reasons the author reveals the low level of the quality of education is due to teaching that is carried out by persons without pedagogical education. As another reason is the discrepancy of driving schools to the requirements imposed by law, which was revealed by the prosecutor’s check. Based on the study of foreign experience and analysis of the situation in the country, the author proposes concrete measures to improve the level of education. Author also touched issues of psychological training of drivers. Its necessity is dictated by the objective existence of the phenomenon of «road rage», the lack of respect between drivers, poor psychological adaptation to the road environment. In this regard, the author proposes additional measures to promote the formation and positive subculture among drivers. causes of road traffic accidents, the quality of driver training, driver training system, beginner drivers, Poole of the best instructors, teaching activities, psychology of drivers, road rage, drivers reliability, culture of behavior on the road, social advertisements
6 Ardan T.N., Khalilev R.F., Kulmahanova D.U. «Аnalysis of traffic accidents causes» Road safety is the most important aspect in traffic organization. Every year, 1,3 million people die and more than 50 million get injuries with different degree of severity as a result of traffic accidents. The main objective is to increase traffic safety level for drivers, passengers and pedestrians. It can be achieved by analyzing causes of accidents, which include violations of traffic regulations, psychological and physiological condition of drivers etc. traffic accident, traffic injuries, psychological and physiological condition, traffic regulations
7 Saduov M.T. «Road safety.Priorities.Model. Instruments» The article discusses the shortcomings of road infrastructure, as well as basic technical and operational performance of highways. The author proposes road safety measures in the design and construction of roads. In order to prevent accidents it is necessary to provide for a mandatory auditpassage of the design decisions of road safet. road infrastructure, road conditions, road safety audits, technical project, reconstruction of highways
8 Yerzakovich E.V., Barabanov А. «How do traffic calming and reduced speed limits affect on the safety of pedestrians?» This article analyzes the foreign experience in the field of road safety. The article shows problematic issues of «deautomobilization», safety on the streets and creating priority for pedestrians and cyclists. Available measures of physical and non-physical traffic calming are proposed as well. traffic, traffic calming, law enforcement, security, pedestrian, reduced speed
9 Zhahin K.E. «Some issues of prevention of child injuries and deaths on the roads» This article discusses some measures to ensure safety of children on the roads. Author proposed specific preventive and educational work of child road traffic injury, which is necessary for carrying out in educational institutions, as well as parents. child injuries, road safety, education of children’s behavior on the roads
10 Ardan T.N., Khalilev R.F., Shakiyev Zh.Sh., Abdrakhmanov T.A. «Science-based ways of ensuring pedestrian safety» Тhe article unfolds main science-based measures to ensure safety of pedestrians, as rightful road users. These measures include reduction of speed limit, traffic calming systems, different systems of blocking vehicle speed. The article cites dependence between traffic speed and brake-path length, which finally results in severity of consequence from sudden appearance of pedestrian on the carriage way. It describes technical measures of traffic calming, successfully applied in different developed countries for reducing speed. Besides, the article provides an analysis of current situation in Astana city. pedestrian safety, speed limit, traffic calming, infrastructural solutions
11 Kornievsky D.V. «Desigh principles of safe and convenient bike paths in Almaty» In the article the author considers the problem of designing and constructing infrastructure bicycles, because the bike is a full mount. This article describes the results of a study of bicycle paths in Almaty within the framework of the UNDP Project GEF «Sustainable transport of Almaty». It was found that most of the errors associated with the regulatory framework for the desigh of bicycle paths in urban environments, as well as ignoring the rights and needs of pedestrians. The author reveals the basic principles of desigh of bicycle paths. Bicycle infrastructure, bike path, bike park, the principles of the device of bicycle paths
12 Kim E.Т. «Key issues of implementation of training first aid skills and solutions» In this article the author gives a brief analysis of the problems associated with the regulation of providing the first pre-medical care. It reveals the need for legislative consolidation of the concept of «First Aid» and public training of the skills of first aidin case of car accidents, since it plays a crucial role in the further rehabilitation of victims. Also, the article gives a brief comparative analysis of trauma from road accidents in the world and our country. The author also substantiates the need for standardization of first aid on the basis of international experience. The article also describes the systematic work of the Red Crescent to teach people providing first premedical aid. In conclusion, the author gives recommendations on the implementation of the concept of primary health care. International Federation of Red Cross and Red Crescent, first, health care, pre-hospital medical assistance, rule of golden hour, paramedic, first aid standard, First Aid Strategy