Annotations and key words of the articles of the Bulletin №1/2019
| № | Initials and surname of the autor (s) | Article title | Annotation | Key words |
| 1 | Chaplyuk O.I., Kovalchuk Yu.l. | «Legislative technique of emergency laws: theoretical and methodological approaches» |
The article is dedicated to the research of the theoretical and legal aspects of the legislative technique of emergency laws. The author analyzed doctrinal views of the definition of legislative technique, its nature and components, that allow to improve the definition of legislative technique and substantiate its characteristics, that are the basis of the emergency laws. The author also defined the place of the legislative technique of emergency laws in the system of conceptual and categorical framework of legal science. | juridical technique, legislative technique, laws, emergency laws, legislative process, normative legal act, legislative technique of emergency laws, state security |
| 2 | Amurtaeva D.T. | «Problems of probation control over persons serving sentences in the form of community service» |
This article is devoted to actual questions of execution of such type of punishment as involvement in community service. In particular, the problems of serving the sentence in the form of community service against persons under probation control are considered. The conditions under which this type of punishment can be imposed are considered, as well as the restriction under which such punishment cannot be imposed. The concept of probation control and its legal nature are revealed. Presented in the analysis on the observance of the legality of the execution of criminal punishment, conducted in the course of studying the cases of persons under probation control and serving sentences in the form of public works, it can be concluded that in the work of probation services and local Executive bodies there are violations and omissions in the exercise of their powers for the execution of this type of punishment, which require their future amendment. | penitentiary system, analysis, probation control, convicts serving sentences, involvement in public works, execution procedure, violations, prosecutor’s supervision |
| 3 | Makhanov T.G., Kasimova M.O. | «Criminal legislation of the Republic of Kazakhstan: yesterday, today, tomorrow» |
In the article, the authors prepared a retrospective-legal analysis of the criminal legislation of the Republic of Kazakhstan from the moment of independence. The results of the work of the state to further improve the criminal legislation are considered. Lists the gaps in the rule-making activities, and based on the results of previous research, the ways for the further development of criminal legislation have been proposed. | criminal Code, criminal law, criminal offense, humanization, rulemaking, analysis, amendment, proposal. |
| 4 | Reznik Ya.A. | «Definition of collusion in the system of criminal law of Ukraine» | The concept of collusion is to a certain extent «through» in the criminal law system of Ukraine. In the institution of complicity in a crime, conspiracy is an essential, a key feature, although formally and not contained in the legislative definition. The preliminary conspiracy is a criterion for distinguishing forms of complicity, as well as a negative sign of such form of complicity as a group of persons. In all the norms of the Special Part of the Criminal Law, where the term «conspiracy» is used, is meant a secret agreement of not less than two persons, their joint actions and intent to achieve a common criminal purpose, that is, the presence of signs of complicity in the crime. | conspiracy, complicity, preliminary conspiracy, necessary complicity, negative sign, group of persons, the criminal law system, secret agreement |
| 5 | Suleimen D.D., Anuar E. | «Some aspects of limitation of crimes, crossroads and administrative offenses» |
Historically, the concept of criminal misconduct was enshrined in the legislation of Russia of the XIX century. For the first time, the category of “criminal misconduct” was introduced into the country’s criminal law in 2015, based on the requirements of the RK Legal Policy Concept for the period from 2010 to 2020. The authors of the article conducted a study on the issues of the distinction between the concepts of administrative offenses, misconduct and crime The article highlights the preliminary results on the development of scientific and legal approaches to clarify the concepts and distinguish between crimes, misdemeanors and administrative offenses. The results of the analysis of the ratio of the social danger of crimes, misdemeanors and administrative violations, as well as law enforcement practice are presented. Developed the appropriate conclusions and suggestions. | criminal misconduct, administrative offense, criteria for the delimitation of offenses, public danger, punishment, sanctions, investigation of criminal offenses |
| 6 | Karymsakov R.Sh., Dusanbekova M.A. | «Prosecutor’s oversight and control over operational search and counterintelligence activities» |
The Entry into force of the law of the Republic of Kazakhstan «On counterintelligence activities» on 28.12.2016 can be considered an important event in the system of practical measures for the national security bodies. Prior to the adoption of this law, the national security bodies carried out their activities within the framework of the Law of the Republic of Kazakhstan «on operational investigative activities». In the proposed article, the authors analyze the above-mentioned laws, in terms of the limits of prosecutorial supervision and control over operational – search and counterintelligence activities. In particular, the authors propose to introduce the subject of prosecutorial supervision operational monitoring of the communication network, provided for in article 11 Of the law of the Republic of Kazakhstan «on counterintelligence». Also, it is proposed to make the subject of prosecutorial supervision order termination and institution of counterintelligence cases. In addition, the authors propose to introduce Presidential, Parliamentary and judicial control in the Laws of the Republic of Kazakhstan «on operational-investigative activities» and «on counterintelligence activities» highlighting them in separate articles. In this regard, the authors studied the positive experience of the Russian Federation, which in their opinion is acceptable in Kazakhstan. Identified as a result of comparative legal monitoring of Kazakhstan and Russian legislation, the authors propose their own measures to improve the above laws. | Concept, operational-search activity, counterintelligence activity, Prosecutor’s supervision, control of operational-search actions |
| 7 | Sheremetyev M.I. | «Issues of legal regulation of transparency in law enforcement in Kazakhstan» |
Transparency and accountability of state and law enforcement agencies are key factors of increasing their effectiveness, citizens’ confidence and reducing corruption. The Head of State has repeatedly drawn attention to this. This is a relatively new phenomenon, both for Kazakhstan and for the entire post- Soviet countries, and today it is one of the key elements of reforming the state apparatus. But it is necessary to understand that the use of such approaches to the relationship between the power and society becomes possible not immediately after the birth of a new democratic state, but only at a certain stage of maturation of its public and state institutions. In fact, the appearance of such requests by civil society and the willingness of the state to implement the relevant policy may mean a certain, rather high level of its development. It is from such positions that the chronology of the adoption, in the opinion of the author of the article, of the most significant program documents and regulatory acts governing this area of legal relations in Kazakhstan, is the most interesting. | transparency of law enforcement, transparency of decision-making, transparency of personnel policy, open government portal, open data, open data list, public control, public councils, access to information |
| 8 | Buralkieva B.B., Mynzhanov E.K. | «Introduction of innovative teaching methods for adult audiences in law enforcement» |
This article discusses innovative approaches to learning that are effectively used for teaching the adult audience, such as simulation and problem- based learning. In the paper the theoretical foundations and a brief historical background have been given. The features, strengths and weaknesses of both methods are analyzed. The necessity of introducing a mixed approach in order to achieve the greatest effectiveness in academic programs and professional development programs for law enforcement agencies is justified. Based on the conducted analysis the authors propose the use of a mixed method on the example of the training on “Laundering money obtained through information and communication technologies (ITC) and corruption crimes”. The article also discusses fundamental changes in the role of the tutor from the “tutor-supervisor” to the “teacher-facilitator”. The main advantage of the new mixed model is development of critical and extraordinary thinking of the listeners, as well as the improvement of skills for using them in practical activities. | innovative methods of teaching, simulation, problem-based learning, critical thinking, the role of student and tutor |
| 9 | Otemis Sh.A. | «Issues of conditional early release of people sentenced to life imprisonment» |
The author examines the problematic aspects of the institute of conditional release of people sentenced to life imprisonment in the Republic of Kazakhstan. Taking into account the processes of humanization of criminal legislation in the country, international experience on the use of conditional release of people sentenced to life imprisonment has been studied. The gaps of the current domestic criminal law have been analyzed. The opinions of domestic and foreign legal scholars are studied. Proposals to improve the current legislation in the field of parole for those sentenced to life imprisonment were made. Scientifically based measures for their development are proposed. | legal policy, life imprisonment, the institution of conditional release of people sentenced to life imprisonment, humanization of criminal legislation, rectification, international experience |
Annotations and key words of the articles of the Bulletin №2/2019
| № | Initials and surname of the autor (s) | Article title | Annotation | Key words |
| 1 | Avenov T. K. | «To the issue of improving the administrative responsibility for violation of the procedure for organizing and holding public events» | The article explores topical issues of existing legislation in the field of state regulation of public events in the Republic of Kazakhstan, as well as issues of administrative penalties for violating the rules for organizing and conducting them. In addition, the work conducted a retrospective analysis of articles for violation of the legislation of the Republic of Kazakhstan on the procedure for organizing and conducting peaceful meetings, rallies, processions and demonstrations. As a result of identified problems were proposed and argued solutions for the following areas: development and adoption of a modernized Law of the Republic of Kazakhstan «On public events»; mitigation of administrative penalties for participants in illegal public events and toughening for organizers; work to overcome the legal nihilism of the population in the field of state regulation of public events. Recommendations were developed and proposed to solve problems that adversely affect not only the indicators of the development of the Kazakhstan legal system, but also the image of law enforcement agencies both within Kazakhstan’s society and internationally. These recommendations will allow to achieve a positive effect in the process of fulfilling the tasks of the Leader of the Nation on the radical improvement of the work of law enforcement agencies, first of all, the police, and increasing public confidence in them. | public event, administrative punishment, peaceful assembly, rally, picket, procession, demonstration, mass event |
| 2 | Zhempiisov N.Sh. | «On the definition of the concept of «national security» of the Republic of Kazakhstan» | The article is devoted to the basic concept of the institute “national security”, its definition. In the system of ensuring national security issues of both the Republic of Kazakhstan and any state of the world community, it is important to define a conceptual apparatus. Without defining the basic concepts, elements and attributes of a particular institution of the phenomenon under study, it is difficult to build an adequate system of state legal norms of any branches of knowledge. National security as one of the most important strategic phenomena of Kazakhstan society in this article underwent a deep scientific and practical analysis. Particular attention is paid to the American experience in determining the basic elements of the content of the concept of «national security». Taking into account modern challenges and threats the author proposes the definition of the concept of «national security». | security, system, threats, challenges, defens[frbvjde, offensive actions, security, war, non-material means |
| 3 | Khakimov Y.M. | «Improving legislation in the field road traffic based on the analysis of foreign experience» | The article analyzes the legal grounds of certain CIS countries on the process of bringing to administrative responsibility of citizens violating traffic rules. The article shows a modernization approach to the mechanism for improving the legislative acts of the Republic of Kazakhstan in the field 25 of road traffic. The legislative resolution of problems on the use of telephones and radio stations by drivers of operational vehicles is considered and work the lack of interpretation of the definition of “emergency situation” in the legislation of the Republic of Kazakhstan is pointed out, in this regard, there are problems of qualifying offenses in the road sector. It also reviewed the procedure for bringing to administrative responsibility for offenses recorded by special test and measuring technical equipment and devices operating in automatic mode, according to the legislation of the Republic of Kazakhstan and neighboring countries. At the same time, certain problems arising in law enforcement practice are indicated. Were given the author’s proposals for improving edition of the Code of the Republic of Kazakhstan on Administrative Offenses. | road traffic, administrative responsibility, modernization of legislation, emergency situation, driving, foreign experience, driver’s license, fine, driver |
| 4 | Amerkhanov R.A. | «Some issues of legal regulation of the distance selling goods» | The remote way of selling goods is a promising and rapidly developing direction. The article analyzes the concept of distance selling, its legal characteristics, the definition of this method of selling goods is formulated. We consider the current state of this type of retail trade, its positive and negative sides. Author analyzed existing forms of distance sales of goods, and the relationship between the seller and the buyer is studied. Some problems of legal regulation of retail sale of goods carried outby distance methods are examined, it is proposed to make changes and additions to the Resolution of the Government of the Republic of Kazakhstan «On approval of retail trade rules outside trading places by network marketing, public distributors, mail sales and other means». Recommendations are given, when purchasing goods in this way, to avoid violation of consumer rights. | the goods, a seller, consumer, protection of rights, distance trading, internet, post office, store. |
| 5 | Azhibayev M.G. | «To the question of the definition of the notion «combac situation» | The observance of the principle of legality, reflected in the basic law of the country, directly depends on the development and application of legal terms used in the implementation of criminal prosecution and justice, aimed at protecting the rights and freedoms of citizens. Criminal legislation is one of the tools to ensure the rule of law and the legitimacy in the country. The legal policy of the state is aimed at minimizing various kinds of violations of the rights of citizens during criminal prosecution, the implementation of the principles of justice, the inevitability of punishment, legitimacy. At the same time, ensuring the triumph of the law would be incomplete without a conceptual apparatus, terms and concepts that serve as qualifying signs of criminal, socially dangerous acts. The relevance of the article lies in the need to develop and implement the definition of a «combat situation» in criminal law in order to improve the criminal law protection of individuals, society and the state from various criminal encroachments on rights and freedoms guaranteed by the country’s Constitution. In the researching process, the notion of a «combat situation» was developed by the author, which serves as a qualifying feature in several articles of the criminal law, but this term is missing in the legislation of Kazakhstan. | security, combat situation, responsibility, qualifying feature, state, criminal law |
| 6 | Alibekova A.M. | «Some questions of qualification of creation and management of (investment) pyramid» | The article is devoted to the study of some issues of qualification of the creation and management of financial (investment) pyramid. Special attention is paid to the concept of a financial pyramid, the characteristic features of such organizations are defined. During the study, the author studied the approaches of scientists to understanding the signs of a financial pyramid. As part of the criminal law analysis, some features of the qualification of the creation and management of the financial (investment) pyramid under the current criminal legislation of the Republicof Kazakhstan were studied. It is proposed to provide criminal responsibility not only for the creation and management of the financial (investment) pyramid, but also for the proposal and persuasion to participate in it. In the article, the author, based on the analysis of qualified and specially qualified characteristics of the composition of creation and management of the financial (investment) pyramid, suggests specific measures for their improvement. | financial pyramid, the creation of a financial (investment) pyramid, criminal liability, the composition of the criminal offense, qualifying evidence of a criminal offense |
| 7 | Mediev R. A. Sekenov Y.K. | «Experience of legal regulation of secret investigative actions in criminal proceedings abroad» | This scientific article is devoted to the analysis of the experience of legal regulation of secret investigative actions in criminal proceedings abroad. The issues related to formation and development of legal regulation for conducting secret investigative actions in the criminal process as well as the legislative changes and amendments to unofficial investigative actions in the criminal process of the Republic of Kazakhstan are being considered. Special attention is paid to the Criminal Procedure Code of Germany, Section VIII of the so-called «hidden investigations». By emphasizing the importance and relevance of the topic, the authors made a conclusion on implementation and process of digitalization in the law enforcement activities in Kazakhstan. The results of the study can be successfully used in the educational process in law schools, institutes of professional development and within the professional development system as well. | Criminal Procedure of the Republic of Kazakhstan, Criminal Procedure of Germany, unspoken investigations, covert investigation actions |
| 8 | Sarpekov R. K. | «Modern criminal policy of the Rebublic of Kazakhstan and measures to increase its efficiency» | The article analyzes the current criminal law situation in the Republic of Kazakhstan and addresses the problems of improving the efficiency of criminal law policy. It is established that: at the current stage of development of society and the state criminal law policy is one of the main directions of state policy, the effectiveness of which depends on the well-being and quality of life of the people; the principle of humanism in criminal law policy involves reducing the repressiveness of criminal law; in recent years, Kazakhstan has taken a number of measures to improve criminal legislation and reduce its repressiveness, as well as to improve law enforcement practice; one of the factors hindering successful law enforcement practice is the instability of legislation; the principles of criminal policy, positively affecting its effectiveness, include the principles of science and planning. Based on the statistics of the last decade, it is shown that certain successes of the criminal policy have not led to a steady reduction in crime. The author sees the ways of increasing the effectiveness of the criminal policy in the following: compliance with the principles of scientific criminal policy, the predominant use of preventive measures; improving the effectiveness of preventive measures through compliance with the principle of inevitability of responsibility for a criminal offense and proportionate financing of preventive activities; taking measures to improve the quality of pre-trial investigation of criminal cases, eliminating instability. | Criminal law policy; criminal policy; concept of criminal policy; principles of criminal policy; criminalization; decriminalization; penalization and de-penalization |
| 9 | Tuleuova M. E. | «Proving receiving and giving bribes in the presence of aggravating circumstances» | Proving a criminal proceeding is a major component of all activities of the criminal prosecution and court bodies. Any procedural decision taken during the pre-trial proceedings and prior to the pronouncement of the sentence is based on materials obtained in the process of proof. On how correctly the investigator will determine the list of circumstances that are to be proven in a particular criminal case, will determine the possibility of its successful completion and bringing to the stage of the main trial. Here is investigated the aspect of investigation, the content of which will answer the question – what to establish in criminal cases of bribery. In this regard, the study of theoretical and practical aspects of proving criminal cases of bribery is of particular relevance. | proof of; soliciting a bribe; repeated bribery; bribery on a large scale; forms of bribery; proof of a criminal case |
| 10 | Abdrasulov E. B. Ibrahimov J. I. Toleukhanova G. A. | «Some aspects of legal regulation and practice of forming and strengthening the professional legal culture of public servants in the USA and Japan» | The article discusses some aspects of legal regulation and the practice of forming and strengthening the professional legal culture of public servants in the United States and Japan.The article notes that increasing the legal culture of civil servants of the Republic of Kazakhstan in the light of modernizing public consciousness requires studying the experience of the leading countries of the world in the sphere of legal regulation and practice of applying the legislation of public relations.The paper shows the positive aspects in the development of professional ethics of public servants in the United States and Japan. Ensuring the objectives of raising the level of legal culture of civil servants of the Republic of Kazakhstan in the light of the modernization of public consciousness objectively implies the need for a comparative analysis on the formation and improvement of legal culture in other foreign countries. But before dwelling on the legislation and practice of specific countries in this field, one should briefly touch upon the issues of professional ethics, which is an important component of professional legal culture. The peculiarities of the behavior of public servants in many countries of the modern world community are determined by the principles that form the basis of professional ethics. Being one of the primary elements of the legal culture of a public servant, professional ethics acts as the main regulator of behavior, defining its boundaries according to such criteria as legality, culture, ethics. At present, in many countries of the world community, special attention continues to be paid to the legislative consolidation of the foundations of public professional ethics. The basic principles, peculiar benchmarks of the behavior of civil servants are enshrined in ethical codes. Turning to the experience of the most developed countries of the world, we will consider some aspects of the system of legal regulation and practice in this field in the United States and Japan. | legal culture, public servant ethics, professional duty, code of ethics, Commissioner for ethics, associations of public servants, moral norms, religious norms, legal conscience, public consciousness |
| 11 | Menzyuk G.A. Umitchinova B.A. | «Models of customs agencies integration in foreign countries and country-members of Eurasian economic union» | The article is aimed at researching the transformation process of customs agencies in foreign countries by means of comparing the models of customs agencies’ integration with other state authorities. Foreign practice analysis allowed the authors to identify both the positive aspects of combining customs agencies with revenue bodies aimed at improving the revenue policy of the state (the experience of Austria, Germany, Hungary, Denmark, Sweden, Ireland, Spain, the Netherlands, Argentina, Brazil, African and Baltic countries, etc.) and negative ones, such as an unsuccessful experience of the above mentioned bodies’ separation in some countries (e.g., the customs agencies of Canada are now included in the Canada Border Services Agency (CBSA). The authors also identified the main trends in the process of reorganization of customs agencies in the EAEU member states. Of the five EAEU members, the customs and tax agencies were reorganized by merging in the Republic of Armenia and the Republic of Kazakhstan. The authors conducted a study of the process and efficiency of merging customs and tax agencies into a single revenue body in the Republic of Kazakhstan and made a conclusion on the early and formalized approach to merging these bodies in contrast to foreign countries which did not lead to qualitative changes in the work of the new body. | customs agencies, revenue bodies, models of customs agencies reorganization, customs management, EAEU |
| 12 | Petukhov N. A. Ryabtseva E. V. | «The impact of anti-corruption international principles and norms on the development of the judicial system in the Russian Federation» | International principles and norms contribute to the development of common approaches to the anti-corruption national policy of states. The implementation of international legal standards should take into account the national peculiarities of the state, its legal system, the peculiarity of the functioning of state bodies. In accordance with the requirements of international law, as well as taking into account the peculiarities of the legal system of the Russian Federation, the study used an interdisciplinary approach (multidisciplinary) necessary for the effective prevention of corruption and fight against it. Practical results contain proposals for optimizing the organization of combating corruption in the judicial system, taking into account international principles and norms contained in ratified international conventions, as well as recommendations of international organizations (GRECO). In the Russian State University of Justice, in order to form an anti-corruption legal conscience in the judicial system, a basic course on combating corruption and resolving conflicts of interest has been introduced in all refresher courses for judges and court staff. To optimize the learning process, distance courses are being developed to systematically conduct such classes without bothering judges and court staff from their immediate duties. | аnti-corruption, international anti-corruption standards, the judiciary, anti-corruption training |
| 13 | Brinchuk M.M. | «Ensuring ecological safety in the light of sustainable development» | The article considers the concept of sustainable development as an important and necessary factor and prerequisite for ensuring environmental safety. The author, on the basis of an in-depth analysis of the sources of international law, discloses the main ideas of sustainable development that need to be implemented into the legislation of the Russian Federation. Significant for the formation of the concept of environmental management and environmental protection are: 1) the need to take into account the requirements of nature protection in economic and other activities; 2) the development of society and the state should be implemented in such a way that not only the needs of present, but also future generations are met. The current environmental legislation of the Russian Federation was studied to reflect the principles of sustainable development, which allowed to identify a number of gaps and weaknesses. In particular, the established standards for environmental quality do not take into account the environmental features of the vulnerable nature of the North, design documentation and engineering survey results are excluded from the number of objects of state environmental assessment at the federal level. Solving the identified problems is seen by the author in changing economic priorities to environmental when implementing public policy, on promoting the ideas of the concept of sustainable development, which should serve as a methodological basis for ensuring environmental safety. | quality of an environment, the concept of sustainable development, environmental protection, nature, sustainable development, environmental safety, environmental impact assessment, environmental interests, environmental priorities |
Annotations and key words of the articles of the Bulletin №3/2019
| № | Initials and surname of the autor (s) | Article title | Annotation | Key words | |
| 1 | Abdrassulov Y. B., Abdrassulova A. E. | «Legal analysis of the practice of applying analogy and interpretation of the rule of law in the submission of the Karaganda regional court «on declaring clause 5 of article 27 of the law of the Republic of Kazakhstan «on enforcement proceedings and the status of enforcement agents» unconstitutional» on june 5, 2018 to the constitutional council of the Republic of Kazakhstan» | The article discusses the issues of interpretation and analogy in law, emphasizes that establishing their exact relationship is an important task of the scientific legal doctrine to ensure law enforcement practice the right methodology. In the article, the authors, analyzing various approaches of the researching categories, come to the conclusion that the interpretation and filling of gaps by analogy are complementary categories. The fact of unity of interpretation and analogy is practically recognized and argued by leading judges and major scientists of the CIS countries. The work highlights the problem of the participation of courts in ensuring constitutional legality, discusses the arguments of the court, the application of interpretation methods and analogies of the law that the court implements when applying to the Constitutional Council of the Republic of Kazakhstan. The work gives a critical analysis of some positions of judicial practice. | analogy of law, interpretation of legal norms, application of analogy in law, judicial branch, court, Constitutional Council, concretization of law, constitutionality of law, forced drive, bailiff, human rights and freedoms, restriction of human rights, legal enforcement | |
| 2 | Ashirbekov M. E. | «On the issue of qualification of an administrative offense in the form of unauthorized seizure of land» | This article is devoted to urgent problems of regulation of land relations, the protection of land ownership, as well as the prevention and prevention of such a negative socially dangerous phenomenon as unauthorized land seizures that arise in this regard, problems of a socio-economic andregulatory legal nature. Along with this, this article highlights the issues of administrative responsibility for unauthorized seizure of land in the Republic of Kazakhstan and neighboring countries. Based on the results of a study of the norms of current legislation, the author’s definition of the concept of unauthorized seizure of land is proposed, the problems of qualifying an offense provided for in article 136 of the Code of the Republic of Kazakhstan «On Administrative Offenses» are analyzed – violation of the right of state ownership of land. Along with liability for violation of state ownership of land, it is proposed to introduce liability for a similar violation of private property. The question of distinguishing between unauthorized seizure of land from related administrative offenses has been studied. The issues of prevention of this type of offenses and prevention of its commission are considered. | unauthorized land seizures, land ploti, offense, qualification, signs on offense, title document | |
| 3 | Kapsalyamov K. J., Kapsalyamova S. S., Kaleke J. | «The problems of legal regulation of children’s rights in the Republic of Kazakhstan» | The paper provides a direct analysis of the legal content of specific rights of children, which is preceded by a study of the history of legal regulation of the situation of the child in Kazakhstan society. The authors reasonably point to the rudiments of the legal status of the child in the Kazakh customary law. A good command of the authors of an extensive historical material and factological in his account give the opportunity to comprehensively study the problem of legal regulation of the rights of children in the Republic of Kazakhstan and allow to identify the different circumstances affecting the immediate situation in the Republic with the rights of the child. In accordance with article 27 of the Constitution, marriage and family, motherhood, fatherhood and childhood are protected by the state. On the basis of this provision, it is necessary to further implement the legal ideas and principles of the Constitution of the Republic of Kazakhstan, which should be embodied in the legislative, organizational and other measures of the state. | Committee on protection of children’s rights, legal regulation, moral and spiritual development, interests of the child, orphans, protection of children | |
| 4 | Seitayeva Zh. S. | «Statelessness in the Republic of Kazakhstan: the reasons of occurrence and ways of elimination» | The study is aimed at the problem related to the lack of citizenship of a number of people living in Kazakhstan. The author examines the consequences of statelessness within the concept of human rights and notes that it often leads to discrimination in terms of access to basic rights, such as the right to work, health care and access to education in home country. These can lead to vulnerability in human rights violations such as human trafficking. The article discusses the root causes of statelessness: the historical context of independence, gaps in the legislation and procedures for its implementation, the human factor, and the lack of international agreements. The system of national legal sources, which form the basis for solving the problem of statelessness, is examined and analyzed. In the article the author refers to international documents and points out the gaps in domestic law, the solution of which will eradicate statelessness in Kazakhstan. | statelessness, stateless persons, human rights and freedoms, citizenship acquisition mechanism, UNHCR, Regional Hub, legislation | |
| 5 | Begaliyev E.N. | «On the prospects of integrating steganographic technologies into the structure of individual varieties of material objects» | The author analyzes the practice of using steganographic technologies on the basis of world experience. Various spheres of traditional and digital steganography (IT – security; industrial production and protection of audiovisual works and software products, etc.) are considered. The SWOT – analysis including strengths and weaknesses of the investigated method is carried out. Various points of view of scientists specializing in law and other Sciences on this issue are offered. The key point of this article is the author’s conclusions and suggestions regarding the implementation of the operational, investigative and expert practice of the conditions of application of steganography technology. The article is intended for people interested in tactics of investigative actions, methods of investigation of certain types (groups) of crimes, as well as for a wide range of readers. | watermark, cryptography, marking, material object, micro font, steganography | |
| 6 | Zhursimbaev S. K., Kemali Y. S. | «Real right to access to justice for victims of crimes» | The article is devoted to some problems of the criminal procedure legislation of the Republic of Kazakhstan, concerning the access of participants of the criminal process to justice. Accessible justice is the most important achievement of mankind, allowing to ensure the realization of the basic rights and freedoms of citizens. Access to justice is a means of guaranteeing the constitutional right to judicial protection, ensuring the reality of its receipt, mediated by the presence of legally established procedures and means of international legal protection. Issues of protection of the rights of citizens affected by crimes have a special social significance. Until recently, in science and in practice, as a rule, often talked about the rights of defendants, detainees and prisoners from the tyranny of the law, not paying enough attention to the position of the victim, not taking into account the priority interests of citizens affected by crime. In fact, there are significantly more victims of crime than victims. In order to protect them, the author considers it necessary to recognize victims of crimes as victims without delay, granting them the relevant rights under criminal procedure law, as well as a number of specific provisions in the law. In the article, the author, based on the analysis of qualified and specially qualified characteristics of the composition of creation and management of the financial (investment) pyramid, suggests specific measures for their improvement. | justice, private prosecution, criminal procedure, criminal procedure code, the private prosecution case | |
| 7 | Filipets O. B. | «Issues of legal regulation for receiving a gift under the legislation of the Republic of Kazakhstan» | The article provides an analysis of the regulation of the legal consequences of receiving a gift by individuals in the public service, taking into account the provisions of regulatory legal acts in the field of combating corruption. The concept of a gift, the admissibility of its receipt by individuals in the public service and members of their families do not have a clear and uniform legal regulation, which leads to the ambiguous application of the law and the possibility of situations with corruption prerequisites. Countering corruption is an important area of the legal policy of the Republic of Kazakhstan; the inadmissibility of accepting gifts by persons in the public service and members of their families is an essential tool for effectively counteracting bribery. The author, taking into account the analysis of the current legislation of the Republic of Kazakhstan on combating corruption, suggested ways to resolve the current situation on the inadmissibility of receiving gifts by these categories of citizens. | corruption, present, bribe, offense, legislation, public service, state employee, family members | |
| 8 | Smailov O. Kh. | «Interaction of law enforcement and mass media» | The article is devoted to the consideration of improving the interaction of the media with law enforcement agencies. Special attention is paid to the conditions and factors on which the success of such an interaction depends. Collaboration with the media allows law enforcement agencies to directly contact the public for help and support in solving complex crimes and implementing state crime prevention programs. The capabilities of the media should be more widely used in crime prevention, educating citizens to respect law and law enforcement, intolerance of illegal manifestations. Media, in turn, are entitled to timely and honest information. Moreover, the forms and methods of submitting such information must comply with ethical and moral requirements; they cannot jeopardize the performance of special operations by law enforcement agencies or the safety of anyone. Thus, according to the author, the joint work of law enforcement agencies and the media can bring significant benefits for both parties. | law enforcement agencies, mass media, image, police, informing, interaction, confidence building | |
| 9 | Babkina Е. V. | «Law of the eurasian economic union regarding legal entities: protection of rights and legal interests» | The objective of the legal system of the Eurasian Economic Union is to create theconditions for stable development of member economies by member states in order to improve the living standards of their population, as well as the desire to create a single market for goods, services, capital and labor within the Union. How are things on the practical plane? The author asks a question and analyzes several areas regulated by a single or coordinated (coordinated) policy: a single customs tariff as the basis of the customs union, the introduction of anti-dumping measures, the freedom to provide international automobile services. The author explores all the procedures that can be used by an economic entity: various procedures for applying to the EEC and the EAEU Court, and also gives practical recommendations to Belarusian legal entities in order to minimize their costs. | antidumping measure, Eurasian Economic Commission, international justice, Court of the EAEU, custom tariff | |
| 10 | Leonovich E. B. | «Intellectual property in the world trade organization (wto): legal basis for implementation member state policy» | The article analyzes the problems faced by WTO member countries, which are forced to open the market for highly competitive foreign goods that embody intellectual property and provide security and protection for these objects under TRIPS. The legal mechanisms of the WTO are shown, which allow taking into account the interests of the countries-members of the WTO in the growth of creative and innovative activity of domestic manufacturers with an orientation towards creating their own intellectual property objects. Based on the methods of comparative, systemic and structuralfunctional analysis, the goal-setting, measures and limitations of the state intellectual property policy are revealed. Suggestions for its improvement are formulated. Examples are given on individual intellectual property, legal norms, and disputes from the practice of the WTO. The main conclusions relate to the need to differentiate protection rules by type of objects and intellectual property rights, as well as active measures by the state to stimulate the creation of domestic intellectual property objects. | intellectual property, WTO, trade aspects of intellectual property rights, protection of intellectual property, export, import, protectionism, dispute resolution in the WTO, TRIPS, EAEU | |
| 11 | Sarsembayev M. A. | «Improvement of the legislation of the Republic of Kazakhstan in solving transport problems» | This article substantiates the thesis that transport is a branch of the Kazakh economy, which has strategic importance, due to which there are relations between economic entities, producers and consumers, between sellers and buyers, which raises the welfare of the Kazakh population. Strengthening of these and other relationships is due to the settlement of their laws and treaties of the Republic of Kazakhstan. The proper settlement of such legal relations is possible with the introduction of appropriate and correct additions and changes to the existing transport laws, as well as through the development and adoption of new Kazakh laws on various topical aspects of the problems of transport, transit and logistics. Improvement of Kazakhstan’s transport legislation is possible in connection with the accession of Kazakhstan to the diverse international transport conventions and agreements. | transport, law, transit, logistics, contract, agreement, car, electric car, electric bus, operator, administrator, digitalization, index | |
Annotations and key words of the articles of the Bulletin №4/2019
| № | Initials and surname of the autor (s) | Article title | Annotation | Key words | |
| 1 | Zhizhis S. A. | «Regarding doctrinal definition of the concept «privacy right» | There is no generally accepted and uniform definition of the concept «privacy right» in jurisprudence. The Constitutional Council of the Republic of Kazakhstan, in its annual messages, repeatedly pointed out the need for remediation of this situation, including through giving a legislative definition. In this regard, the author explored the issue of forming a science-based legal approach to definition of the concept «privacy right» through analysis of international regulations and existing national legislation. The proposed definition is developed in accordance with the philological, factual and logical rules, through the terms that are used in current legislation with already known, clearer, understandable meanings than the meaning of defined concept. The developed definition is also consistent with the legislative requirements on compliance of terms and definitions of regulatory acts, which allows using it in the current legislation of our country. | Universal Declaration of human rights, international Covenant on civil and political rights, Constitution, Constitutional Council, privacy right, personal and family secrets, personal data, definition | |
| 2 | Saparaliyeva S.M., Kuatova A.S., Aubakirova G.E. | «Problems of application of individual measures for prevention of domestic violence» | One of the aspects of respect for the constitutional rights and freedoms of citizens is the fight against domestic violence against women, the existence of which has serious destructive consequences for society as a whole. At the same time, each state is aware of the importance of using preventive measures, the effective application of which will contribute to the reduction of offenses in the field in General. In the article the problems of application of individual prevention for domestic violence, especially protection orders and establishment of special requirements to offender’s behavior are considered. Based on the conducted view of analysis of the current legislation of the Republic of Kazakhstan on the prevention of domestic violence as well as on the study of foreign experience the authors proposed ways of solving problematic issues of the use of individual measures for the prevention of domestic violence. | domestic violence, protective order, preventive measures, offense, family and domestic relations, special requirements for the behavior of the offender, beatings | |
| 3 | Baymakhanov A.A. | «Formation and development of the institution of duties for the educating an underage» | The article is devoted to the history of the origin and development of the institution of responsibilities for the upbringing of minors and responsibility for their non-fulfillment. Scientific interest in this topic is due to the extreme importance of ensuring the normal formation and development of the future generation of Kazakh citizens, the complexity and variety of problems associated with these processes. This article provides a scientific and historical analysis of the rules governing relations between parents and their children, which were in force during the formation of the great Steppe, the Kazakh khanate and the Soviet government. Special attention is made to the Kazakh law «Zheti zhargy» in the XVII-XVIII centuries. In particular, it describes and analyzes the concept of the family, the relationship with increasing changes in society. The traditions of family education and national values in the history of the Kazakh people are shown. The main principles of traditional family education of the Kazakh people and factors affecting it are described. The role of parents in education is shown, and family responsibilities considered in connection with changes in society are indicated. Taking into account the current challenges, it is proposed to use effective and typical mechanisms for us to perform tasks in the education of minors. | parent, child, upbringing, responsibility, minor, сharter, history, law | |
| 4 | Seitov B.T. | «About improvement of criminal law rules and classification of tax crimes» | This article, based on an integrated approach, historical and comparative legal methods of cognition, highlights the problem of classification of tax crimes and counteraction to them. Given the dynamically developing market and civil property relations, under the conditions of economic progress, tax crimes evolve, their qualitative characteristics and methods of commission change. l law standards that protect public relations in the tax sphere in order to successfully counter tax crimes. The paramount task is the sufficient replenishment of tax revenues by tax payments, the protection of the economic interests of the state and law-abiding business entities that pay taxes in good faith against unfair competition of tax offenders. The analysis of foreign experience in the design of tax crime, as well as its use and application in normative and practical activities can improve the state of tax, and therefore financial and economic security of the state. The study analyzed the best practices in the application of criminal law and classification of tax crimes in Canada, the Russian Federation, the United States of America. | tax crime, classification, property relations, tax evasion, criminal law, invoice, criminal intent, tax fraud, tax evasion schemes, tax sphere, modernization, protection of rights | |
| 5 | Shushikova G.K. | «Improvement of criminal-legal policy in the sphere of counteraction of encroachments on legal rights of entrepreneurs in the Republic of Kazakhstan» | The article is devoted to strengthening the protection of the rights of entrepreneurs an their legitimate interests in the Republic of Kazakhstan in criminal legislation. According to the results of the analysis of the criminal situation and criminal law, the author considers the main characteristics of obstruction of business and other crimes related to the violation of the rights of entrepreneurs. The study of criminal cases, statistics and foreign experience lead the author to theoretical conclusions and proposals of organizational and legislative nature aimed at improving the protection of business. Taking into account the current criminal situation, the author proposes specific measures to improve the criminal law policy in the field of protection of the rights of entrepreneurs and their legitimate interests. In particular, it is proposed to introduce norms on criminal liability of officials for the forced involvement of business entities for charitable actions. | protection of the rights of entrepreneurs, violation of the rights of entrepreneurs, criminal policy, criminal situation, unjustified criminal prosecution, foreign experience in protecting the rights of entrepreneurs abroad | |
| 6 | Begaliyev Y.N. | «To the phenomenon of «counterfeit collusion» in the course of investigating crimes committed by counterfeiting material objects» | The article reveals the specifics of the current state of circulation of counterfeit products on a global scale, as well as the relevance of this area. In addition, the author proposes definitions of the terms «counterfeit», «falsification». And the second for the first time in the science of forensics reveals the etymological component of the term «counterfeit conspiracy». Subjects and semantic content of persons participating in the «counterfeit conspiracy» are determined. Some varieties of material objects that act as the subject of counterfeiting (software products, audiovisual works, etc.) are also analyzed, taking into account their specifics. In conclusion, the author draws his own conclusions and makes suggestions aimed at counteracting counterfeit conspiracy, which may have theoretical and or practical value. The article is intended for practitioners and a wide range of people interested in questions of the methodology of investigation of certain types (groups) of crimes. | author, counterfeit, fake, the crime, collusion, investigation, phenomenon | |
| 7 | Zharmagambetova D.A. | «About features of carrying out the testimony deposition of juvenile witnesses and victims» | This paper is devoted to the features of interrogation such participants of criminal process as juvenile witnesses and victims. It holds to exclude the psychotraumatic influence on the minors during the subsequent interrogation. In is noted that the specifics of juvenile witnesses and victims interrogation by investigating judge must be taken account during the process. Having studied the domestic and foreign law-enforcement experience, the author proposes that the place of interrogation should be closed to the home environment so that the child feels himself like at home. For this purpose rooms for an interrogation must be equipped by necessary objects. At the same time, exclude any psychological impact and traumatic situations on minor participants in the process. An interrogation must be conducted by an inquisitional judge, passing the special courses and at the obligatory participating of specialist in the areas of the age-related psychology and pedagogics, and also legal representatives. | minor witness, victim, judicial control, deposition, criminal trial, investigating judge | |
| 8 | Kursabaeva Z.I. | «On the issue of application of the coercive educational measures against minors» | The article initiated the problems of legislative regulation of coercive measures for educational impact on minors when releasing them from criminal liability and punishment. Based on identified judicial practice, the aforementioned issues of the practical application of these measures have been discussed. Coercive measures for educational impact are the complex of criminal and legal measures of state forced educational impact, criminal liability implemented, with a combination of special pedagogical, legal and social forcing on a minor who has committed a criminal offense in order to correct his/her behavior. The relevance of the article lies in the need for coercive educational measures. Within the framework of the criminal law analysis, the types of compulsory educational measures, their content and implementation have been studied. Based on the analysis, the author proposes changes to the current legislation on improving the appointment of compulsory measures of educational influence. | minor, juvenile, efficiency, coercive measures for educational impact, criminal liability, prevention, limitation of entertainment, establishment of special requirements, and prevention of child crime | |
| 9 | Rakhimov N.B., Imanbayev S.M. | «Some systematic shortcomings in rule-making activities in the Republic of Kazakhstan» | The article is devoted to certain problems of rule-making activity in the Republic of Kazakhstan, complicating law enforcement practice and reducing the effectiveness of government bodies. On the basis of scientific, legal and other sources, the author analyzes the causes of the most common, systemic shortcomings in this area. Such problematic issues include: instability of the legislation, duplication of the norms of other legal acts in the developed regulatory legal acts, a lot of by-laws accompanying the laws, differentiation of regulatory and non-regulatory legal acts, authenticity of legal texts. Based on the results of the study, ways to solve these problems have been worked out, in particular, such as introducing a temporary restriction on changing adopted regulatory legal acts, increasing the time for developing laws, phasing out departmental norm-setting, introducing responsibility for violating the authenticity of legal texts. | rule-making, legislative instability, normative legal act, legal act, rule-making problems | |
| 10 | Zhunussov E.B. | «Determination of extortion by the criminal legislation of the Republic of Kazakhstan and some nearest foreign countries» | The article is devoted to the consideration of the concept of «extortion», regulated in the criminal codes of the Republic of Kazakhstan, the Russian Federation, the Republic of Belarus, the Kyrgyz Republic and Ukraine. By conducting a comparative legal analysis of the provisions of domestic and foreign criminal legislation, the main signs of the act in question are established. The types of threats used in extortion were subject to a detailed study. The article also notes that the use of the concept of «blackmail» in the disposition of a criminal law providing for liability for extortion will help to eliminate issues related to determining the nature of the information that the criminal is operating with. In addition, according to the author, the assessment information, which operates the extortionist during the commission of a criminal act must be made solely to the victims. The author suggests amending the wording of Article 194 of the Criminal Code of the Republic of Kazakhstan, which will optimize the disposition of the investigated criminal law. The author’s conclusions are based not only on the analysis of legal acts, but also on the scientific views of domestic and foreign researchers existing in the theory of criminal law. | extortion, blackmail, threat, violence, criminal offense, criminal law, crime | |
| 11 | Zarkenov M.S. | «Comparative legal analysis of criminal legislation of foreign countries in the field of informatization and communication» | This article studies and provides the analysis of the problems of criminal offenses in the field of information and communication technologies, the development of effective and the most appropriate measures as well as foreign experience of countering criminal offenses in the field of informatization and communication. The analysis of the scientific sources in this area as well as study based on using of the system approach and the comparative legal method of knowledge the norms in the sphere of informatization and communications of foreign countries with a similar legal system of the Republic of Kazakhstan such as the Republic of Armenia and the Republic of Azerbaijan has been prepared. As a result of the study the ways for solution of the discussed problems are proposed and argued. The article also focuses on the terminology and qualifying features of criminal offenses in the field of information and communication. | cybercrime, cybersecurity, information and telecommunication technologies, information technologies, computer crime, criminal offenses in the field of information and communication | |
| 12 | F. Zoll | «On the implementation and harmonization of the european directive on the sale and supply of digital content in eu member states» | In the article, the author considers the issues of implementation and harmonization of the new Directives on the sales and deliveries of digital content and services in the countries of the European Union. In both countries the national legislators decided to integrate the consumer sales directive 44/99 into the codified systems. In author’s opinion the full harmonization requirement should not prevent a verification of the legality of the «negative agreement», even if the additional qualified consent has been accomplished. It is, however, very likely that this very particular problem will be finally decided by the Court of Justice. The full harmonization will cause ambiguity concerning its range and it is one of the examples that the scope of the admissibility of the «negative agreement» cannot be determined in advance. | full harmonization, maximum harmonization, minimum harmonization, sales directive, directive 2019/771, Directive on the Supply of Digital Content and Services, negative agreement | |
| 13 | Kazhenov E.E., Kazhenovа A.S. | «Criminal offences in the field of military affairs under the laws of norway and the Republic of Kazakhstan: comparative legal analysis» | The article provides a comparative analysis of certain provisions of the criminal legislation of the Kingdom of Norway and the Republic of Kazakhstan (names and structures of criminal laws, the concept of crime, the subject of crime, punishment, types of criminal offenses). Based on the results of the comparative study, the authors come to the conclusion that the criminal laws of the two countries differ significantly from each other. In particular, Norwegian criminal law consists of two codes: Civil and Military. The Military code has 108 paragraphs, while the Criminal code of the Republic of Kazakhstan has 30 articles. The paragraphs in the criminal law of Norway do not have names. Under Norwegian law, there are three types of punishment for committing a crime, and under the legislation of the Republic of Kazakhstan there are seven. The authors propose, in the criminal code of the Republic of Kazakhstan to allocate in an independent group, socially dangerous acts committed in wartime or in a combat situation. It is noted that the range of subjects of war crimes under Norwegian law is wider. | military, criminal offences, military offences, Norwegian legislation, military code, criminal code, comparative analysis, subject, military personnel, types of offences | |