Annotations and key words of the articles of the Bulletin №1/2018
| № | Initials and surname of the autor (s) | Article title | Annotation | Key words |
| 1 | Rakhimov N.B | «Concept of the state language, features of its legal status» | This article is dedicated to research the legal status of the state language. For quality implementation of the objectives of the study the experience of regulating the legal status of languages in individual countries is studied. The article reveals the importance of the state language in the social and political life, and its difference from the concept of the official language. The author, analyzing different opinions and scientific proposals of some scientists, highlights the main symptoms of the state language and had making his own definition of this notion. | state language, official language, legal status of the state language, national language, the sphere of official communication, state sovereignty |
| 2 | Mediev R.A, Lagutkin O.Y. | «System for prediction of offenses in the field of public security» | In this article, questions of the theory of prediction of offenses (predictive analytics) are considered. The authors investigated the question of modern technology allowing to move from theoretical or simple simplifying solutions to complex mathematical models and use productive tools for processing large data sets, including using artificial intelligence. The experience of foreign countries that have achieved success in the field of appl ications of technologies of “neural network algorithms” (adaptive system for prediction of offenses and crimes), for solving problems of public security was analyzed. The project also envisages the creation one of the first in Russia specialized adaptive system for prediction of crime and support for decision-making in the sphere of public security “Pretorian”. Thus, the authors come to the conclusion that the importance of large data processing tools, predictive analysts, will grow in the next decades, which form the basis for effective methods of work to improve the effectiveness of public security. | system of prediction of offenses, predictive analyst, algorithm of neural networks, public safety, “Pretorian” |
| 3 | Turkot N.S. | «Conducting an official investigation among military personnel: the corruption component» |
The article examines the problematic aspects of conducting an internal investigation in the Armed Forces of Ukraine id est having in the composition the greatest on the quantity of soldiers and officers. Procedural moments that contain corruption risks are outlined. Changes are proposed to legislative and subordinate acts in the sphere of passage and performance of military service. | military service, serviceman, official investigation, corruption component |
| 4 | Bekisheva S.D. | «On question of actualization of the normative decision of the supreme court of the Rebulic of Kazakhstan adopted on june 18, 2004 No. 1 “On application of the legislation by courts on liability for some ecological crimes» |
In article the problem of updating of the legal resolution of the Supreme Court of the Republic of Kazakhstan of June 18, 2004 No. 1 “About application by courts of the legislation on responsibility for some ecological crimes” is considered. This resolution demands modification and additions in the light of the adopted Criminal code of the Republic of Kazakhstan, in particular change of numbering of articles of the Criminal code of RK and issuance of the term “ecological criminal offences” specified in the resolution. Besides, the text of the resolution needs to be brought into accord with the ecological legislation of the Republic of Kazakhstan. The author makes changes and additions to the text of the resolution and new edition of some points of the resolution. | Criminal liability, ecological criminal offenses, the legal resolution, the Supreme Court of the Republic of Kazakhstan, large damage, significant damage, especially large damage, illegal hunting, illegal felling, the territory with an emergency ecological situation |
| 5 | Kanatov A.K. | «On the issue of countering money laundering, obtained by criminal means, and financing of terrorism and extremism (criminological analysis)» |
The author provided criminological analysis of the relevant legislation in the field of laundering of «dirty money», as well as the proposed optimal legal mechanisms for the effective application of legislation on countering the financing of terrorism. A detailed analysis (monitoring) of the Law «On counteraction to legalization (laundering) of incomes obtained in a criminal means and financing of terrorism» has shown some shortcomings: gaps, conflicts, blanket and corruption of potential standards with the purpose of minimizing the legal consequences of their use. The author suggested considering the issue of extension of the object of the regulation, which, along with terrorism would also include extremism and separatism. The comparative legal analysis in this field leads to the question concerning the efficacy of preventive measures of the financial intelligence unit. Taking into account the research on foreign experience in this field, specific recommendations were given on improving the national legislation. | money laundering; financing of terrorism; countering extremism; the financial intelligence unit, prevention, improvement of the legislation |
| 6 | Kalmuhametova B.N. | «To the issue of regulating the detention of a person subject to extradition under the legislation of the Republic of Kazakhstan» |
In this article, the author, on the basis of a thorough study of the provisions of Article 587 of the Code of Criminal Procedure of the Republic of Kazakhstan, referred to as “Peculiarities of Detaining a Person Who Committed a Criminal Offense Outside the Republic of Kazakhstan,” revealed a number of shortcomings. Based on the conducted research to eliminate inaccuracies in article 587 of the Criminal Procedure Code of the Republic of Kazakhstan, it proposes to make some changes and additions to it. | extradition, criminal, criminal prosecution, search, detention, arrest |
| 7 | Sagymbekov B.Zh., Mukataev T.M. | «Establishment of supervision over operational-search activity in Kazakhstan» | In this article the authors presents short history modern supervision of operatively-search activity in a post-soviet period. The authors note that in the first years of independence there were problems of the legal regulation of supervision under operational search activities, but with the adoption of the Law “On Operative-search Activities”, the powers of the prosecutor were clearly defined, including checking the legality of the implementation of special measures and their cessation, the release of illegally detained persons , the issuing of sanctions for сconducting investigative activities. Moreover, the authors discus unsecured legal achievements of special subdivisions. | supervision, operatively-search activity, public prosecutor office, judge, office of pretrial investigation, crime investigation, criminal proceeding |
| 8 | Sevruk Y.G.,Stoletnyi A.V. | «Exercising of procedural control over pretrial investigation by prosecutor: international experience and national reality». |
The article illustrates an analysis of the current state of procedural manuals in Ukraine, along with several European and former Soviet Union countries. Development proposals on implementation into national law enforcement environment that foster innovation are considered. | pre-trial investigation, procedural control, supervision, power, investigation |
| 9 | Serdalinov K.M. | «Some issues of combating corruption in the provision of public services» | Quality of public services is the index of the socio-economic development of a country and the level of citizens’ trust in the state apparatus. In this article, the author tried to identify the main problems of countering corruption in the provision of public services. | Public services, anti-corruption, digitalization, criteria, principle of openness and accessibility |
| 10 | Dosymbekova R.Sh. | «Some new acctnt in the activity of the Acadtvy in the light of Ruhani Zhangyru» |
In this article the author considers the issues on consciousness and behaviour change of law enforcement officers within the program for the modernization of public consciousness. She notes the relevance of education in the process of training for law enforcement, new approaches to the professional and ideological – patriotic education, focused on the strengthening of previously generated values and qualities. Considering that the work of law enforcement officers is closely connected with the society, it is necessary to improve their language competence in this direction. Attention is drawn to the questions of the phased transition of the Kazakh alphabet to the Latin graphics, explaining the significance, advantages and difficulties of the transition. The article deals with the development of the state language and the introduction of trilingualism through innovative projects and methods. The projects reflect the current practice of introducing trilingualism into a professional environment. | еducational work, the introduction of a new education system, the modernization of consciousness, ideological and patriotic education, the formation of general cultural development, the development of trilingualism, the transition to Latin graphics, the global world of communication, the introduction of a professional language environment, dual training |
| 11 | Omarov E.A. | «Some issues of ensuring the rights of participants in questioning person in the course of international legal assistance» |
In the article author examined the problematic issues of ensuring the rights of participants in criminal proceedings in the course of international legal assistance for questioning persons on the territory of a foreign state. Based on the analysis of international experience and the real situation some proposals are developed. | international legal assistance, rights of participants, criminal proceedings, questioning of persons on the territory of a foreign state, confrontation |
| 12 | Kayumov B.E. | «Prerequisites and prospects for the implementation of public-private partnership in Rebulic of Uzbekistan» |
Gives a description of the rights and duties of the prosecutor, which gives his law in every form of his participation in the civil process (PPP). Also, the author sets out the problematic issues that arise in the course of his activities. The normative acts regulating the introduction of PPPs into the economic life of the Republic of Uzbekistan are named. Examples of the successful implementation of PPPs in Uzbekistan are given and the most important prerequisites for the introduction of PPPs in the Republic of Uzbekistan are formulated. | public-private partnership (PPP), production sharing agreement, concession, business development, free economic zones, foreign investments, decrees of the President of Uzbekistan |
| 13 | Jusupov R.S. | «Some questions of forming a positive image of the judge» |
One of the key tasks in the Republic of Kazakhstan is the improvement of the judicial system and the strengthening of its human rights role in the state mechanism. To increase confidence in the judicial system as a whole, it is necessary to form a positive image of the judge. In the article the author considers the main components of the forming the image of the judge, and also indicated the role of the mass media to create the external and internal image of the judge. | judge, court, image, mass media, external image, internal image |
Annotations and key words of the articles of the Bulletin №2/2018
| № | Initials and surname of the autor (s) | Article title | Annotation | Key words |
| 1 | Kalmurzina Z.Zh. | «Some issues of using terminology in texts writing of legal documents. |
The article considers some issues of terminology applied while writing a text for a judicial document. The peculiarities related to terminology of a judicial letter are analyzed. The criteria for classifying terms used in writing a judicial document are given. The author proves the importance of lawyers’ mastering all the terms that exist at the moment and the ability to use these terms for explaining the new ones. In conclusion the author suggests taking into account the rules and specifics of using terminology in this or that type of a judicial document. | judicial document, writing a text, specifics of terminology, classification of terms, rules and specifics of using terminology, judicial letter |
| 2 | Kaliev A.A. | «Cybercrime is a new global threat» | In the article the author examines the reasons for the spread of cybercrime, the stages of the development of cyber attacks, talks about existing cyber threats and measures taken to combat Internet crime. The issues of the influence of modern technologies on the development of cybercrime are considered, examples of the most common crimes in this sphere are given. The research results of companies dealing with cybersecurity issues are examined. | information and communication technologies, cybercrime, IT-technologies, the Internet, a network, Internet crime, computer crime, cyberattacks, a botnet |
| 3 | Makhanov T.G. | «On additional punishments imposed for corruption offenses» | In the article the author reveals the types of additional punishments for corruption crimes provided by the current criminal legislation. The analysis of the judicial-investigative practice on the specified category of crimes is carried out. Based on the results of the analysis, the author suggests additions to the criminal legislation of the Republic of Kazakhstan. In addition, taking into account the importance of preventive measures, the role of additional punishments in counteracting corruption crimes was specially noted. | crime, corruption, punishment, additional punishment, judicial practice, analysis |
| 4 | Mediev R.A.,Lagutkin O.U | «Reconstruction of the crime scene (3D Witness)» | This article is devoted to the analysis of features of procedural and tactical aspects of application of reconstruction, and also fixing of its results at implementation of survey of a scene. The authors conducted an attempt to study the issue of reconstruction of the scene in 3D-modeling of virtual reality, developed by the company «Fundamental analysis systems» (Astrakhan, Russian Federation) together with the faculty of the Academy of law enforcement agencies under the General Prosecutor’s office of the Republic of Kazakhstan. Offers traditional institutional arrangements in collecting evidence such as a written Protocol and attaching the photo table, audio – video transmission setting the scene to enhance the 3D technology in the format of virtual reality, namely the software package “3D Editor virtual inspection of the scene”. In turn, it is noted that the effective use of the reconstruction of the scene (3D witness) in the production of investigative actions, the exact procedural registration of its results will more clearly state the course of forensic and expert research, will increase the reliability and credibility of the findings, will facilitate the assessment of the expert opinion by the investigator, Prosecutor and court. | the inspection of the scene, reconstruction, information technology, 3D modeling virtual reality, 3D editor virtual inspection of the scene, 3D witness |
| 5 | Nugmanov R.R. | «The problem of criminal liability of legal entities» | The article is devoted to the problem of liability of legal persons in criminal law. The author examines the evolution of the institution of criminal liability of legal entities, studied the main implementation models of this institution in the legislation of foreign countries. The analysis of the main points of view in support and against the criminal liability of legal persons in the legal literature is conducted, on the basis of which the conclusion is made about the prospects of its introduction into thelegislation of the Republic of Kazakhstan. | criminal law, criminal liability of legal entities |
| 6 | Reznik U.S. | «Problem questions of determination of terrorism and difference from contiguous concepts» |
This article is devoted to the definition of terrorism, the characteristics of terrorism and its correlation, delineation and interaction with the concepts of “terrorist act” and “terror”. Within the limits of the article the conceptual analysis of terrorism, as call, is carried out to community development, it is found outin accordance with it, that terror, terrorism and assassination, is the phenomena of different measure in the hierarchy of public relations that differ both on the essence and on meaningfulness of those consequences for society, what they can cause. | terrorism, terror, assassination, terrorist threat, violence, threat |
| 7 | Tuleuova M.E. | «The problematic aspects of signing a procedural agreement in the form of a guilty plea agreement and a cooperation agreement» |
In this article, the author, depending on the form in which you must follow the legal and regulatory processes, on the basis of an analysis of the state of the legality of the adoption of procedural decisions, foreign experience and provisions of norms. The need for the institution of the procedural agreement as a kind of plea bargain to solve the problems of criminal proceedings is obvious. Therefore, in the article paying attention to the foreign experience of this Institute, were considered as it takes place in the Kazakh legislation, what are the problems and suggested solutions to these problems. | procedural agreement, cooperation agreements, reconciliation, conciliation proceedings, bargaining agreements, deal with justice. defendant, рrosecutor, judge |
| 8 | Li Y… | «An arbitration agreement is the cornerstone of arbitration» | The arbitration agreement can be considered as the foundation of arbitration. In arbitration agreement, the parties concerned determine the level of authority of the arbitral tribunal and the level of legitimacy of judicial decisions. Such an agreement is much easier to reconcile when there is no tension or distrust between the parties than during an already existing dispute. When the dispute is in full swing, each stakeholder focuses only on their own interests, which complicates the negotiability of the details of the agreement. This article will assess the importance of the concepts “Kompetenz-Kompetenz” and “Separability” in arbitration. The article will also support the view that the arbitration agreement is important for the arbitration process in resolving disputes. | Arbitration agreement, Alternative Dispute Resolution, The concepts of “Kompetenz-Kompetenz” and Separability, International Centre for Settlement of Investment Disputes, International commercial arbitration, The New York Convention, Modern law, Jurisdiction, Court |
| 9 | Sagymbekov B.Zh., Kaliaskarov R.S. | «On the issue of procedural management of pre-trial investigation» |
In this article the authors discuss issues of implementation of procedural guidance over preliminary investigation of criminal case in the Republic of Kazakhstan. Authors made conclusion that procedural prosecutor while executing its power in fact does procedural guidance of criminal investigation. However, the function of procedural guidance is not implemented in a national legislation. Moreover, in purpose of implementation of foreign countries experience, authors analyzed criminal procedural legislation of foreign countries. The definition of procedural guidance is defined in criminal procedure code of Italy, Austria, Ukraine, Estonia, Georgia, as well as in several other European countries | procedural guidance, procedural prosecutor, pre-trial investigation, investigator, criminal proceedings, foreign legislation |
| 10 | Tynyshbaeva A.A., Mahadiyeva A.K. | «Psychological portrait of convicted in penitentiary institutions with autodestructive behavior» |
The article is dedicated to the study of self-destructive behavior of prisoners. The experimental study was held at the criminal correctional establishments of Kazakhstan. The conditions and specifics of prisoners’ living in the penitentiary institutions are analyzed, and the role of social environment of the living place in the representation of the individual psychological and personal peculiarities of prisoners is depicted. The authors show that the factor of prison subculture is the most significant aspect in the display of auto-destructive behavior including suicide intentions. The research was organized with two groups of prisoners – experimental group and control group, i.e. those who committed and did not commit self-maiming. The following psychological diagnostic methods were applied:questionnaire by Bassa Dark, character questionnaire by H. Leonhard H. Schmieschek, Minnesota Multidimensional personality interview (MMPI), biographical analysis. The authors revealed differences in the level and form of manifestation of aggression in different groups, which proves the suicide risk among prisoners. Having processed the results of the study the authors came to conclusion that the level of depressed people living in criminal correctional institutions is rather high. In future the participants from the control group of the experiment might commit self-maiming | self-maiming, self-destructive behavior, prisoners of the criminal correctional institutions, psychological portrait |
| 11 | Smagulov A.A. | «Foreign experience in preventing corruption in the sphere of illegal migration» |
The author in his article extensively highlights the foreign experience in preventing corruption in the sphere of illegal migration, their conditionsand causes that have been studied. The article notes that the execution of President’s instruction on the implementation of the “Digital Kazakhstan” program and the introduction of a single electronic database will allow the timely detection of movements of out-of-work migrants, which in turn will lead to a reduction of corruption in this area. | corruption, illegal migration, foreign experience, fight against corruption, anti-corruption measures, attitude of intolerance to corruption |
Annotations and key words of the articles of the Bulletin №3/2018
| № | Initials and surname of the autor (s) | Article title | Annotation | Key words |
| 1 | Bekisheva S.D., Rakhmetov K.K. | «On the issues of need for scientific research in the field of environmental protection of the Republic of Kazakhstan» |
In article on the basis of the research on problems of ensuring ecological safety with law enforcement agencies which is carried out to Academies of law enforcement agencies at the Prosecutor General’s Office of the Republic of Kazakhstan, by results of the round tables devoted to this subject the conclusion is drawn on the importance of carrying out interdepartmental scientific researches in the sphere of environmental protection of the Republic of Kazakhstan. It is recommended: 1) to make active the provedeniyefundamentalnykh and applied researches of problems of environmental protection in departmental higher education institutions; 2) to provide interdepartmental nature of these researches; 3) to direct results of researches on the solution of applied problems. | departmental higher education institutions, scientific research in the sphere of environmental protection, environment, environmental protection, apraktikooriyentirovannost, environmental problems |
| 2 | Kairzhanova D.K. | «Problems of prevention of crimes involving theft of oil» | Shadow oil turnover entails significant losses of budget revenues, outflow of money from the country, a decrease in the welfare of the population, a deterioration in the investment climate. The encroachments considered are complex socially negative phenomena determined by a complex of numerous and diverse factors (legal, social, economic, organizational, etc.). The authors cite the main problems that arise as a result of the influence of factors, and give individual proposals of an organizational nature. | oil, oil products, oil theft, legal factors, transportation, prevention, integrated control, organizational measures |
| 3 | Nugmanov R.R. | «Problems of countering the legalization (laundering) of criminal proceeds in the Republic of Kazakhstan» |
The article тhe author justifies the need to combat «laundering» of criminal proceeds, notes the achievements of the Republic of Kazakhstan in this direction. highlights a number of problematic moments in law enforcement activities to counteract money laundering and their causes, and proposes measures to resolve them. The author’s conclusions are based on the analysis of statistical data and law enforcement practice. | criminal law, economic crimes, money laundering, legalization of income derived from criminal activity |
| 4 | Sarpekov R.K., Rakhmetov S.M. | «Problems of preventing environmental criminal offenses» |
The article examines such issues as the state of environmental security of our state, the danger of environmental criminal offenses, analyzes the causes of these offenses, the shortcomings of the legal regulation of criminal responsibility for them, the shortcomings of law enforcement practice. There are proposals to improve criminal law from liability for environmental criminal offenses, as well as to improve law enforcement. | Danger of environmental criminal offenses, causes of environmental criminal offenses, measures to prevent environmental criminal offenses, punishment for environmental criminal offenses, the principle of inevitability of responsibility and punishment for environmental criminal offenses, improvement of criminal legislation on liability for environmental criminal offenses |
| 5 | Eshnazarov A.A., Kaliaskarov R.S. | «The role of secret investigative actions and their correlation with the operational search activities in criminal prosecution» |
In this article the authors consider the institution of secret investigative actions during pre-trial proceedings, and also conduct a comparative analysis with operational-search activities. During research the authors identified gaps of the Criminal proceedings Code of the Republic of Kazakhstan and proposed to amend the criminal procedure legislation. The authors offer possibility to join crime investigation division with criminal police service. | criminal process, secret investigative actions, operative-search measures, pre-trial proceedings, Code of criminal proceedings, operational-search activities |
| 6 | Sagymbekov B.Zh., Bupezhanov D.O. | «On some issues of implementation and strengthening of human rights standards in the field of criminal prosecution» |
In this article, the authors consider the problems of introducing and strengthening human rights standards in the Republic of Kazakhstan. The authors have studied international acts and the experience of foreign countries in the field of protecting human rights and citizens in the criminal process, on the basis of which the analysis of national legislation was carried out in order to comply with international norms. The analysis showed that in the national legislation there are a number of problematic issues requiring a legislative solution. In particular, the authors point out the problems associated with bringing, detaining and driving a person, the terms of detention, the obligation to attend and the prohibition on approaching. Based on the identified problems, the authors proposed the relevant changes in the criminal procedure legislation. In addition, these proposals were voiced in the framework of the criminological forum “Discussions in Koshy” with the participation of leading Kazakhstani scientists. | international standards, criminal process, coercive measures, victim, accused, court, prosecutor |
| 7 | Tuleuova M.E. | «Legal regulation of criminal liability of subjects of bribery in the Republic of Kazakhstan» |
In the article, the author examines criminal law measures to counter bribery and a comparative legal analysis of the criminal responsibility of bribery subjects. At the same time, the author proposes to regulate in criminal legislation the criminal liability of Kazakhstani citizens, equally other persons residing in the territory of Kazakhstan, for giving bribes and other forms of bribing Kazakhstani officials, as well as responsibility should be provided for the same actions committed agains foreign officials. States and international organizations. | giving, recieving, bribery, anti-corruption, criminal liability, bribery subject, official, foreign officials, international standard |
| 8 | Khatov E.B. | On the need to apply forms of advanced training and professional retraining in the prosecutor’s office of the Russian Federation |
The presented scientific publication Includes the retrospective and comparative analysis of the practice of realizing the training of prosecutors, in the tomes of the other counties. Other basic normative acts, regulating the questions of qualification in the Prosecutor ‘s Office in Russia. The forms of qualification, used by the professional prosecutors in the system are differentiated. With the help of illustrations, it is proven that there is a need for application of more broad spectrum forms of the training of prosecutors and formulated by the recommendations of the organization of the organization. | procurator’s system; personnel teaching; trainee qualification; professional retraining; teaching; forms; organization of the work |
| 9 | Khatov E.B. | «On the need to apply forms of advanced training and professional retraining in the prosecutor’s office of the Russian Federation» |
There is discussed topical issues of preventing illegal export of capital from Kazakhstan abroad, and the main trends are identified in the article. It is shown that the effectiveness of combating illegal money laundering in Kazakhstan is associated with insufficient maturity of the legislative framework in the sphere under consideration. The author proposes measures to strengthen the effectiveness of the fight against illegal export of capital and to suppress such activities and developed a set of measures in place not only to identify the facts of such activities, but also to prevent and eliminate loopholes in legislation that allow unscrupulous legal entities to export money abroad, bypassing the laws. | сapital, offshore zone, finance, tax, economics, capital outflow, money laundering |
| 10 | Nurbekov A.A. | «International experience in returning stolen assets» | The questions related to the return of the stolen assets in foreign countries are analyzed in the article, on the example of the United States, the United Kingdom and Switzerland. The current legislative acts are considered, regulating the procedure of return of assets in foreign countries. The methods applied by the foreign countries to the return the stolen money are disclosed. | return of the stolen assets, foreign experience of return of the stolen assets, criminal confiscation, civil confiscation, confiscation of assets, moneylaundering, freezing of assets |
| 11 | Shuketaeva T.B. | «Problems of establishing the criminal liability of legal entities in the Republic of Kazakhstan» |
The problem of bringing to criminal liability the juristic persons is constantly causing discussion among the scientists. In this article the author analyzes the polemics among supporters and opponents for the establishment of criminal liability to the juristic persons in legislation. In General, the author, after making his own researches, concludes, that the introduction of criminal liability to the juristic persons of the Republic of Kazakhstan is inevitable and also proposes the integration of appropriate additions to the article 15 of the criminal code of the Republic of Kazakhstan. | criminal liability, legal person, crime, criminal code,act, guilt, transnational crime |
Annotations and key words of the articles of the Bulletin №4/2018
| № | Initials and surname of the autor (s) | Article title | Annotation | Key words |
| 1 | Kim O. Ya., Esimova M.S. | «Development of institute of administrative justice in the Republic of Kazakhstan» |
This paper is devoted to the study of the institution of administrative justice and the prospects for its development in Kazakhstan. The paper gives an interpretation of the term “administrative justice”, and a brief history of its formation.We also consider the possible directions of its development in the Republic of Kazakhstan and the need to develop and implement the draft administrative procedural code of the Republic of Kazakhstan. | аdministrative justice, government agencies/organizations, administrative procedural code, the rule of law, administrative courts |
| 2 | Alibekova A.M. | «Some aspects of the improvement of the criminal law on liability for smuggling of items or items withdrawn from circulation, the circulation of which is restricted under the laws of the Republic of Kazakhstan» |
In the article the author conducts a criminal legal analysis of the contraband of items or items withdrawn from circulation, the circulation of which is limited by the current criminal legislation of the Republic of Kazakhstan. Separate questions of the criminal liability of special subjects committing the act in question are examined. Measures are proposed to improve the criminal law provisions on liability for the smuggling of objects or objects withdrawn from circulation, the circulation of which is limited. | smuggling of items withdrawn from circulation or items that are restricted, economic smuggling, criminal liability, criminal offense, subject of a criminal offense |
| 3 | Zhemplisov N.Sh. | «On the need to form a national system of victimological crime prevention» |
The article is devoted to the phenomenon of the victimological direction of crime prevention and its relevance. Particular attention is paid to the formation of the national victimological system of crime prevention as one of the most effective crime prevention strategy. | Crime, prevention, victimology, victimization, strategy, actions, counteraction |
| 4 | Imangaliev N.K. | «The concept of an unauthorized tie-in to the main oil and gas pipeline in criminal proceedings» |
The article discusses used in a criminal trial the definition and types of the unauthorized cutting in which is considered one of the most widespread methods of feasance crime in an oil and gas sphere. Taking into account the analysis of scientific literature on this issue and leading documents of oil companies, the author proposed the new definition of the unauthorized cutting. | unauthorized cutting in, theft of oil, main oil and gas pipeline, oil company, shadow turnover, guidance dokument |
| 5 | Zaginey Z.A. | «Features of the application of criminal law measures in relation to legal entities in Ukraine: the main provisions of the Criminal Code» |
The peculiarities of quasi-criminal liability of legal entities under the legislation of Ukraine are investigated. The possibility of applying criminal law measures to legal entities in case of commission of a crime by its authorized person is characterized; the existence of a link between a crime committed by an authorized person and a legal entity; accounting when applying to criminal entities the measures of a criminal-legal nature of the circumstances of a crime committed by an authorized person; the relationship between the release of legal entities from the application of criminal law measures and the temporality of the criminal conduct of the authorized person; procedural dependence between the reaction of the state to the commission of a crime by an individual (authorized person) and the state’s response to a legal entity. | quasi-criminal responsibility; entity; a measure of a criminal nature; authorized person; commission of a crime in the interests of a legal entity; commission of a crime on behalf of a legal entity; exemption from the application of measures; suspicion report; criminal proceedings |
| 6 | Filipets, O.B. | «The category of criminal misconduct in the context of reforming the criminal legislation of the Republic of Kazakhstan» |
The article provides an analysis of the norms of the criminal legislation of some foreign countries and theoretical positions on criminal offense. The concept of a criminal offense in the previous criminal legislation of the Republic of Kazakhstan was not used, therefore it is considered as new. This involves analysis of the scientific opinion of various authors in terms of determining the criminal offense. The article considers particular legislative problems in the part of criminal offense and formulates proposals to improve the Criminal Code of the Republic of Kazakhstan interms of criminal penalties for criminal offenses against minors. | penal law, criminal offense, the crime, criminal misconduct, punishment, minor |
| 7 | Kalancha I.G. | «Algorithm of electronic criminal proceedings» | In this article, we considered the properties of the structure of criminal procedure in the aspect of the electronic criminal proceedings. We propose to convert the verbal form of the criminal proceedings algorithm to a mathematical format. This will be the basis for the development of the software for the electronic criminal proceedings. We described how to apply fractal geometry methods to ensure legality during criminal proceedings with using the electronic tools. | criminal procedure, electronic criminal proceedings, algorithm, fractal, electronic system |
| 8 | Filatova U.B., Semeryanova N.A. | «Features of civil law qualification of some objects with a strong connection to the earth» |
The article deals with the problem of qualification of real estate on the basis of the definition given in article 130 of the Civil code of the Russian Federation, based on only one sign of “strong connection with the land.” The same feature that determines the classification of property as movable or immovable is fixed in other civil codes of the CIS countries.The authors on the example of qualification of technological and engineering equipment as objects of civil rights clearly demonstrates that the qualifying feature of “strong connection with the land” is not sufficient for the law enforcement officer, who is forced to look for additional criteria for the correct qualification of the designated property. The situation seems paradoxical, because to determine a purely civil construction of “real estate” are used rules, not civil legislation, and other branches of law relating to public law, for example, the rules of the town-planning code, or a decisive role in this issue is given to the circumstances, the law is not relevant, such as accounting data. Among such law enforcement agencies are the tax authorities, which relate to the legal qualification of the property features of its taxation. The situation with the ambiguity of qualification leads to unjustified taxation or unjustified exclusion from the tax base of the considered categories of objects.As a result of a comprehensive study of theoretical provisions and judicial practice, the authors conclude that engineering equipment is always an immovable thing, because it is intended to serve another, main thing and is connected with it by General purpose (belonging), follows the fate of the main thing, unless otherwise provided by the contract. Technological equipment may have a different civil law regime, depending on the type of specific equipment. The equipment that relates to buildings and structures, is functionally connected with them and its movement is not possible, acts in civil circulation as a complex of structurally articulated objects, is a complex thing and represents a thing belonging, and therefore follows the fate of the main thing and is subject to its legal regime. In addition, technological equipment can be part of a single real estate complex, which is in accordance with article 133.1 of the Civil code of the Russian Federation real estate, participating in the turnover as a single object.In all other cases, technological equipment is a movable thing, which determines its taxation regime. | object of civil rights, real estate, movable property, engineering equipment, technological equipment |
| 9 | Aubakirova A.E. | «Some of statistics in the sphere of combating domestic violence against women» |
The article discusses the domestic violence as a type of breach of constitutional rights and freedoms of an individual. Official statistics data do not cover the whole scope of crime; consequently the regarded sphere is highly latent.On the basis of the research the author makes suggestions that latency can be decreased by means of improvement of Unified register of preliminary investigation data base. | domestic violence, latency, protection of motherhood and childhood, women’s rights, statistics, gender policy |
| 10 | Erekeshev T.B., Imangaliev N.K. | «Some issies of developing penal legislation» | As a result of the humanization of the legislation, the number of accountable persons of probation services in the country is growing every year. In the article the authors consider the existing conflicts in the legal acts used in the activities of probation services, the elimination of which will contribute to the empowerment of the service, the use of means and methods of alternative places of deprivation of liberty. | the probation service, the registered face, conflicts in the legal acts, probation control, rehabilitation, adaptation |