Annotations and key words of the articles of the Bulletin №1/2020
| № | Initials and surname of the autor (s) | Article title | Annotation | Keywords |
| 1 | Alpyssov N.S., Sagymbekov B.Zh., Kemali Y.S. | «Raiding: theoretical and practical aspects of criminal liability in the Republic of Kazakhstan» | Today raiding is one of the difficult crimes to prove, because the actions of the offender are veiled under the legal nature, or civil law transactions. The need for decisive measures against officials who disrupts business was noted in the Message of the President of the Republic of Kazakhstan dated September 2, 2019. The authors of the article attempted to consider the main aspects of criminal liability for this type of offense. The main points of view boil down to the definition of raiding as an unfriendly takeover of property, land complexes and property rights, carried out using the lack of a legal framework and with the corrupt use of state, administrative and power resources. In addition, the authors note that the appearance of raiding is promoted mainly by gaps in the legislation, in particular, the imperfection of the current construction of Article 249 of the Criminal Code of the Republic of Kazakhstan | business, entrepreneurship, raiding, unfriendly takeover, takeover of a company, criminal liability, public official |
| 2 | Kazhenov E.E., Kazhenovа A.S. | «Criminal offenses against the person (general status and individual issues for improving legislation)» | The article is devoted to the study of certain problems of criminal offenses included in Chapter I of the Criminal Code of the Republic of Kazakhstan. A historical overview and analysis of the development of the Institute of human rights has been conducted. The first documents that enshrine human rights, including those in the Kazakh steppe such as the laws of Kasym Khan, Esim Khan and Tauke Khan. Using statistical data of the Committee on legal statistics and special records of the General Prosecutor’s office of the Republic of Kazakhstan, on the number of registered criminal offenses over the past five years, the General state of criminal offenses against the person is disclosed. The conducted study allowed concluding that the need to rename the title of the first Chapter «Criminal offences against physical integrity and the inviolability of the person», the transfer provisions on defamation and insult in the Chapter on criminal offences against constitutional and other rights of man and citizen. It is defined, for the prevention of offenses in the family and household sphere including murders, infliction of injuries and other serious consequences, introduction of criminal responsibility for systematic domestic violence (family (domestic) violence) is required | criminal offences against the person, human rights, statistics of committed criminal offences, Chapter renaming, domestic violence (family/domestic violence) |
| 3 | Knizhenko O.A., Shamara A.V. | «The ways of standartisation of anti-terrorist legislation of Ukraine» | The authors of the article consider the need to improve the existing anti-terrorism legislation of Ukraine with a view to its harmonization with international and domestic legislative acts. This task was set by the President of Ukraine, in 2011 yet. According to the Plan of Measures to Counter Terrorism for 2011-2013, approved by Decree of the President of Ukraine No. 898 dated on 02.09.2011, it was planned to conduct an analysis of national legislation in the fight against terrorism.If necessary, its planned to develop proposals for improving national legislation. Due to adoption of the Counter-Terrorism Concept approved by the Decree of the President of Ukraine dated on April 25, 2013 No. 230/2013 the fight against terrorism in Ukraine should be based on principles defined at the national level taking into account the main provisions of the UN Global Counter-Terrorism Strategy and the European Union Counter-Terrorism Strategy. Addionally, the following Counter-Terrorism Concept dated on March 5, 2019 No. 53/2019, declared the improvement of the scientific support of the counter-terrorism entities and the improvement of the regulatory support of counter-terrorism measures | anti-terrorism legislation, UN, European Union, counter-terrorism strategy, terrorism |
| 4 | Suleimen D.D. | «Misconduct and a new classification of offenses: the pros and cons» | Since the introduction of misconduct, disputes about a new classification of offenses’ feasibility continue to occur. The Kazakhstan legislation already met international standards with its detailed division of illegal acts into administrative offenses, crimes of small, less serious, serious and especially serious categories. The idea of a new classification of offenses had to be based on a serious scientific foundation that went beyond the criminal law dogmas of the Soviet and post-Soviet period. However, the construction of a new system of offenses was carried out without a clear idea of the criteria for distinguishing misconduct from administrative offenses and crimes. Issues of the return of certain offenses to the category of administrative offenses continue to be initiated. The initiators noted that the introduction of misconduct diverted even more forces and funds for invitation minor offences, complicated the collection of evidence, and violates the principle of inevitability of punishment. An attempt to solve practical problems by transferring misconduct to the Code of Administrative Offenses does not exclude theoretical flaws, eroding the subject of regulation of administrative-tort law | classification of offenses, criminal misconduct, criteria for distinguishing between offences, investigation of misconduct practice, police law |
| 5 | Shandaulov T.S., Mukanov D.Zh. | «Improving legislation and law-enforcement of the military crime» | This article analyzes the current Military Criminal Law and judicial investigative practice in cases of military criminal offenses. During the study, a number of shortcomings were revealed in terms of the inconsistency of certain norms of the concept of the current criminal legislation of the Republic of Kazakhstan, the public danger of criminal offenses and the sanctions provided for them. Certain problematic issues were identified during the investigation and consideration of criminal cases in court when interpreting harmful consequences, qualifying criminal offenses with related personnel, as well as applying penalties in the form of correctional labor. Based on the results of the analysis, specific proposals were developed on introducing amendments and additions to regulatory legal acts regulating issues of responsibility for military criminal offenses as well as on updating the law enforcement practice of military criminal prosecution bodies and the court | crime, criminal law, military service, military criminal offenses, judicial investigative practice, act, socially dangerous consequences, qualification |
| 6 | Belikova S.A. | «Legal regulation of mediation in enforcement proceedings» | The article is devoted to the legal regulation of mediation in the Law of Ukraine «On Enforcement Proceedings». A mediation dispute settlement procedure involving a judge was introduced into the Ukrainian procedural law in 2017. The conduct of this procedure is reflected in the Civil Procedural Code of Ukraine, the Commercial Procedural Code of Ukraine and the Code of Administrative Procedure of Ukraine. The mediation in enforcement proceedings became an analogue of judicial mediation, since the execution of a court decision is the final stage of the judicial process, which guarantees the enforcement of decisions. The enforcement of court decisions is provided for in the Law of Ukraine «On Enforcement Proceedings». However, today this law needs to be improved in connection with the need for a full legal settlement of all mediation measures at the stage of execution of a court decision | mediation, dispute settlement, court decision, enforcement proceedings, state (private) executor, legal regulation |
| 7 | Buralkiyeva B.B. Dosumov D.U. | «Some issues on regulation of mediation procedures in the criminal justice process in the Republic of Kazakhstan» | The article is devoted to the study of the application of mediation procedures in the criminal justice process of the Republic of Kazakhstan. The authors reviewed the best international practice in application of mediation procedures in criminal justice. The current national legislation that regulates the use of mediation in criminal cases was analyzed which helped authors to identify weaknesses and formulate proposals for its improvement, namely, to amend the Article 382 of the Code of Criminal Procedure of the Republic of Kazakhstan.The researchers proposals will allow, firstly, not to violate the principle of the presumption of innocence, secondly, it will provide an opportunity for persons held criminally liable to exercise their rights, and thirdly, it will implement the State policy regarding procedural economy. In general, it will lead to the expansion of the use of criminal mediation in Kazakhstan | mediation, mediator, criminal justice process, conflict resolution, mediation procedure, alternative methods of conflict resolution, legal conflict, criminal mediation |
| 8 | Kuranbek Zh.A. | Tthe real estate fraud in Kazakhstan» | The real estate market often attracts people who like getting easy profits.Every year, fraudsters come up with new ways of fraud whiledealing with various types of real estate. There is anincrease in fraud in this area that is the relevance of this article. The author of the study uses statistical data for the last few years; as well as documentation of judicial practice is analyzed. Additionally, in the article the ways of taking over real estate objects by deception and abuse of trust are analysed. The practical significance, conclusions and suggestions formulated in the study can contribute to the prevention of various types of fraud committed in the field of residential real estate. This scientific articl contains discussions and can be addressed to all who are interested in the prevention of fraud committed in the field of residential real estate | real estate market, real estate objects, crime, real estate fraud, fraud methods, pretrial investigation, statistical indicators, criminal determinants |
| 9 | Raimzhan S.B. | «Issues of using odorological knowledge in the practice of crime detection and investigation» | The article is devoted to some issues of crime disclosure and investigation, using such an unconventional branch of forensic technology as odorology. Sometimes in the surveyed areas, the traditional traces of crimes (traces of burglary, shoes, fingerprints, etc.) are absent at all or are available in minimal quantities. These include traces that, by the nature of their origin, can not be destroyed or disguised by the person who committed the crime. First of all, these are odor traces, in particular in the investigation of crimes committed in conditions of non-obviousness. The author considers the positive experience of foreign countries, the history of the development of odorological teaching, promising and topical issues of forensic odorology. Risks, positive and negative sides in the use of odorological knowledge are noted. Also, it is proposed to make some changes to the legislative acts of the Republic of Kazakhstan on the appointment and conduct of odorological examinations | biodetector, scent trace, canine study, olfactory study, dog-detector, specialistodorologist, fixation, odorological examination |
| 10 | Karymsakov R.Sh. Abraliev Zh.Zh. Kudaibergenova M.Zh. | «Some issueson the «anti-corruption» law of the Republic of Kazakhstan» | Currently, corruption as a social phenomenon has covered all areas of public relations in the Republic of Kazakhstan.In the presented scientific article the authors made attempts to analyzethe current «Аnti-Сorruption» Law of the Republic of Kazakhstan, approved on November 18, 2015. Based on the analysis of the above-mentioned law, the authors propose to make changes and additions to individual sections and articles, which will give it harmony and harmony.In addition, they propose to include in the analyzed law norms providing for departmental control and Prosecutor’s supervision. Also, the authors propose the adoption of the law of the Republic of Kazakhstan «On Anticorruption Service», as currently authorized body on anti-corruption is guided by the Law of the Republic of Kazakhstan «On Law Enforcement Service» date on 6.01.2011 | The law «on anti-corruption», prevention of offenses, Prosecutor’s supervision, departmental control, secret investigative actions, operational search measures |
| 11 | Kemali Y.S. Tapayev S.B. | «Prosecution: place and role of the public prosecution service» | The article examines the concept, essence and value of criminal prosecution as a universal function оf criminal procedure, and the place of an institution of a suspect in the mechanism of implementation of this function. The authors reveal the concepts of criminal prosecution in previously adopted laws, in international legal acts as well as in the current Code of Criminal Procedure. In addition, they disclose the position of individual scientists on criminal prosecution. The authors focus on the significance of the specific definition criminal prosecution todayas there is a special norm related to the Prosecution serviceability to carry out criminal prosecution on behalf of the state that was amended to the Constitution of the Republic of Kazakhstan in 2017. In this regard the researchers of the study proposes to make necessary adjustments to the current Criminal Procedure Code, corresponding to the constitutional provisions | criminal prosecution, charge, compulsion in criminal procedure; suspect, prosecutor, investigator, constitutional norm |
| 12 | Syzdykov A.Zh | «Legislation of Kazakhstan on entrepreneurship: stages of formation» | This scientific article is a review; it attempts to conduct a regulatory chronology of the establishment of the institution of entrepreneurship in the Republic of Kazakhstan. Based on the analysis of researches related to business law, the classification of regulatory legal acts in the field of entrepreneurship has been given by the author. He also gives his personal vision of the development ofthe entrepreneurship institution dividing into stages. The author identifies five stages of establishment of the entrepreneurship institution. During the review,the researcher emphases the key regulatory legal acts that plays a decisive role in the development of the entrepreneurshipinstitution.The article reflects the role and significance of the adoption of the Entrepreneurial Code of the Republic of Kazakhstan as well as organizations aimed at protecting business entities. The author offers his vision of the further development of the institution of entrepreneurship that can be a new stage in its improvement | property, investment, regulatory legal acts, entrepreneur, entrepreneurship, financial system, economic activity |
| 13 | Tursunov A.B. | «The currentissues on protection of children’s rights in Kazakhstan» | This article discusses the currentissues of respect for the rights and interests of minors in key aspects: prevention of violence and abuse of children, their rehabilitation, measures to ensure information security, identification of family problems, as well as measures aimed at improving the situation of children. Based on international practice, the author proposes a number of measures to counteract crimes against the sexual integrity of minors. The article contains specific tasks and conclusions, the possibility of practical implementation, including the elimination of legislative gaps. The prospects for the implementation of the proposed problems are traced. In particular, taking into account the author’s practical activities in this area, the process of automating the identification of children in difficult situations and dysfunctional families is proposed. Attention should also be drawn to the proposal to create a unified system for the rehabilitation of children who have been sexually abused. In general, practical solutions to problematic issues as well as suggestions for improving legislation and the activities of authorized state bodies are given | children, protection, security, provision, creation, improvement, solution |
| 14 | Utarov K.A. | «The concept of illegal turnover of industrial products in the Eurasian economic union» | A general description of the global illegal turnover of industrial products and its negative impact on the world economy, including the economy of the member States of the Eurasian economic Union (EEU) (more than 17 million units of counterfeit goods in 2018) is given. The article examines the concepts of «industry», «industrial products (industrial goods)», «turnover of goods (products)», «illegal turnover of industrial products» based on the analysis of the Treaty on the Eurasian Economic Union (EAEU) and other acts of the EAEU adopted in accordance with it, as well as civil and other legislation of the EAEU member States. It is concluded that the existing legal framework of the EAEU is insufficient to effectively address the problems of coordinated counteraction of the member States of the Union to illegal trade in industrial products. Definitions of the concepts of illegal turnover of industrial goods (industrial products) and substandard industrial products are formulated to fix them as terms in the additional special Protocol to the Treaty on the EAEU. Legalization of the definition of illegal trade in industrial products at the level of the EEU Treaty is an important prerequisite for the formation and implementation of a coordinated criminal policy of the EEU member States in the field of countering such trafficking | industrial products, industrial goods, illegal turnover of industrial products, substandard products, falsified products, counterfeit products, low-quality products, unregistered products, noncertified products |
Annotations and key words of the articles of the Bulletin №2/2020
| № | Initials and surname of the autor (s) | Article title | Annotation | Key words | |
| 1 | Merkel I. D. | «The principle of proportionality: its applicability to the legal framework of Kazakhstan» | In the article, the author has studied the theory of the possibility of applying the «Principle of Proportionality» in the legal sphere of the Republic of Kazakhstan. This principle, in the general legal sense, refers to the correspondence between the nature of the objectives pursued by public authorities and the actions taken to achieve them. History and international practice of application of «Principle of Proportionality», Acts of international organizations, the Strasbourg Court of Human Rights, the Federal Constitutional Court of Germany, and the Code of Criminal Procedure of Germany acts, etc. have been studied. According to the author, this requirement applies to acts resulted in the restriction of human and civil rights and freedoms. In addition, such a restriction should not go beyond what is necessary, not be excessive (disproportionate). In particular, if a person is brought to justice, the punishment must be proportionate to (proportional) the gravity of the crime or offence. Proposals to the Kazakhstani legislation and regulations have been made | the principle; proportionality; bodies; rights; freedom; individual; citizen | |
| 2 | Amandykova S. K., Khairmukhanmedov N.I., Osmanova D.B. | «Legal regulation of trust funds in universities of Kazakhstan: analysis of legislation» | This article discusses the current issues of legal regulation of endowment funds in higher educational institutions of the Republic of Kazakhstan, the need to analyze domestic and international legislation and the legal definition of formation and replenishment of capital in higher education and the legal regulation of the use of income from targeted investments. Additionally, the need for legal regulation of the establishment, replenishment and use of endowment funds is considered. In order to study the legislation on activities of the endowment funds in our country, firstly, we have to take into consideration the best practices of developed countries. There are a lot of semantic explanations of the concept of endowment funds given by several authors. If the target capital is created by the organization itself, then the fund refers to the totality of funds allocated to a special personal account. Confirmation of target capital is regulated only by a special procedure for operations with these funds, for example, trust management, accounting, auditing, etc. Such an organization (endowment fund) has a special legal status, that has the right to form and replenish target capital, use income and carry out only targeted actions in favor of other recipients of income from target capital | law; endowment funds; universities; NGOs; target capital; investments; regulations | |
| 3 | Seitaeva Zh. S., Balashov R. S. | «Experience of the Republic of Uzbekistan on the issues of countering human trafficking» | This article is aimed at studying the positive practices and modern reforms of the Republic of Uzbekistan in the field of countering human trafficking, as well as a possible theoretical generalization of the role of such a Coordinating and Advisory tool as interdepartmental commissions to counter human trafficking. The authors conduct a comparative legal study of the organization of interdepartmental commissions in Uzbekistan and Kazakhstan, as well as an analysis of the reform and transformation of the Uzbek Republican Interdepartmental Commission on Countering Human Trafficking into the National Commission on Countering Human Trafficking and Forced Labor. The analysis shows that the Republic of Uzbekistan is currently making some progress in the field of combating human trafficking – systematic child labor has been eliminated, and the obligations under the conventions of the International labor organization have been fulfilled, which has raised the country’s level from the third to the second category of the us State Department’s rating | human trafficking; trafficking; forced labor; victims of human trafficking; illegal export of people; interdepartmental commissions; illegal labor; territorial commissions; Republic of Uzbekistan; migrants | |
| 4 | Zhizhis S. A. | «On some issues of criminal prosecution of juvenile sex offenders» | In this article the author examines the issue of criminal prosecution of minors for certain types of crimes against sexual inviolability of minors, in particular for sexual intercourse, buggery, lesbian act or other acts of a sexual nature against person who obviously has not reached the age of sixteen. It is observed that existing disposition of present constituent elements of the crime contributes to the wrongful increase in the number of persons involved in the criminal process, and does not correspond to humanization policy for minors. This article provides results of analysis of judicial-investigatory practice and study of legislation of CIS countries, as well as proposes amendments to criminal legislation of the Republic of Kazakhstan, since the logic of the rule imposing liability for sexual intercourse or other sexual acts against person under the age of sixteen contradicts legal writing of specified rule | crime, minor, sixteen-year-old, deliberately, person, sexual inviolability of minors, punishment | |
| 5 | Kim A. I. | «Curren issues in improving measures to counter the shadow gambling business in Kazakhstan» | The article is devoted to illegal gambling as part of the shadow economy. The problem of the shadow economy is very urgent since there is no such a state in the world with a market structure of the economy that would not face the shadow economy. The concept of the shadow economy essentially covers any kind of an activity, from individual labor in the household sphere to various forms of entrepreneurship. Also, one of the shadow economy types is the organization of an illegal gambling business. Gambling generally does not apply to prohibited types of entrepreneurial activity. Gambling is not prosecuted by law. Criminal liability is imposed on the perpetrator only under certain conditions. In particular, only for the illegal opening or maintenance of a gambling establishment or the illegal organization of activities in the field of gambling, as well as the provision of premises for the illegal gambling business or the organization and conduct of gambling outside the places established by the legislation of the Republic of Kazakhstan on gambling, or the implementation of activities in the field of gambling business without a license. Taking into account the analysis of the foreign experience of a number of countries and domestic law enforcement practice, the author proposes a series on the prevention of illegal gambling | shadow economy; gambling; illegal entrepreneurship; illegal gambling establishments; gambling; ludomania | |
| 6 | Mukanov D. Zh., Mirzalimova R. A. | «On the issue of responsibility for violation of the rules of state border protection» | This article analyzes domestic and foreign legislation, as well as law enforcement practice in criminal cases of violation of the rules of protection of the State border of the Republic of Kazakhstan. The study of foreign experience has established similar approaches to the question of responsibility for the crime in question, due to the commonality of Soviet legislation. Insufficient effectiveness of the norm on responsibility for violation of the rules of protection of the State border of the Republic of Kazakhstan and ambiguous judicial and investigative practice make it necessary to improve approaches to countering this type of crime. The main problem is to determine the public danger of consequences, namely their harm to the security of the state. Based on the results of the analysis, proposals were developed for making changes and additions to the normative legal acts regulating issues of responsibility for this type of crime | state border; border service; national security; significant harm; public danger; illegal crossing; responsibility; crime; legislation; law enforcement practice | |
| 7 | Smagulov A. A., Kanatov A. K. | «Improving legislation and ensuring citizen security (legal modelling experience)» | The article analyzes the theoretical, scientific and practical foundation of «reformatting» of the elements of a drug crime enshrined in the criminal legislation. It is emphasized that the differentiation of criminal liability according to the type of drug may serve as an alternative to the criminal law provisions of the current Criminal Code of the Republic of Kazakhstan. It is proposed that the emphasis in the construction of the criminal offense be shifted to the object (subject) of the criminal act – public health (drugs, their analogues). Separate narcotic drugs, psychotropic substances and their analogues into two categories: plant and synthetic origin. Accordingly, the qualification of drug crimes to give the type of drug detected. The main result of the article is the possibility of improving the criminal law by means of the new version of the Article 297 of the Criminal Code and, as a consequence, the execution of the Order of the President of the Republic of Kazakhstan to toughen the punishment for drug distribution | аrticle 297 of the Criminal Code, modeling, criminal offense, tougher sentences, drug trafficking | |
| 8 | Omarov Y. A., Makanov T. G., Alimkulov N. S. | «Methodology for calculating certain types of procedural costs of criminal proceedings» | The scientific article is devoted to the calculation of procedural costs in the Republic of Kazakhstan. To determine the main elements that make up the procedural costs the authors studied the main scientific views on their concept and content. Moreover, the Criminal procedure legislation of the Republic of Kazakhstan does not contain the concept of procedural costs, according to article 177 of the CPC only their types are specified. The definition of Procedural Costs given by the Supreme Court of the Republic of Kazakhstan in a regulatory decision also requires significant revision. As a result of the research the authors identified a gap in the criminal procedure legislation in terms of regulating the procedure for collecting expenses for the search and search of persons who disappeared during criminal proceedings. In this regard, the authors proposed a method for calculating the cost of the drive and search, which is proposed to be regulated by the Decree of the Government of the Republic of Kazakhstan | procedural costs; search; drive; expenses; costs; criminal proceedings; operational search measures; methodology; calculations | |
| 9 | Khanov T. A., Kadatsky S. N. | «Use of the polygraph in the criminal process» | The possibility of using the polygraph in the practical activities of pre-trial investigation bodies is considers in the article. The author’s position of process scientists regarding the advisability of sing a polygraph in the disclosure and investigation of crimes is given in the study. Additionally, the positive experience of countries using the polygraph in their practical activities of law enforcement agencies is studied. The authors substantiate the need to exclude the polygraph from the list of prohibited means of obtaining information in the course of investigative actions. It is noted that the polygraph will contribute to the improvement of evidence in the pre-trial investigation. The authors indicate that the absolutization of prohibitions leads to the impossibility of stimulating representatives of the natural and technical sciences to develop new means of proof and to ensure the disclosure of crimes. Attempts to assess the veracity of the testimony of participants in criminal proceedings using technical means are increasingly being made in the Republic of Kazakhstan and in the countries of near and far abroad as well. As the main criteria there is a factor like changing the degree of excitement of the interrogated person. The authors propose at the legislative level to resolve the issue of using the polygraph in criminal proceedings and introducing the participant as a polygrapher who will assess the truthfulness of the testimony of the interrogated person by fixing his physiological reactions | crime; polygraph; lie detector; criminal trial; investigation; criminal case; proof; scientific achievements | |
| 10 | Merzadinov E. S., Sekishev A. A., Abaideldinov E. M. | «Legislative issues of the public authorities for criminal prosecution» | The authors discussed some issues of adjusting the legal regulation of the activities of prosecution authorities for the implementation of criminal prosecutions related to the adoption of amendments to the Constitution of the Republic of Kazakhstan dated March 10, 2017. The article is devoted to the scientific analysis of possible options for implementing the new edition of paragraph 1 of the article 83 of the Constitution in the current legislation and contains a number of scientifically substantiated proposals, supported by the practical experience of the authors. It raises the question of the need for a number of amendments and additions to the Code of Criminal Procedure. The latter is motivated by the problem of clearly delineating the powers of the prosecutor during the pretrial investigation. Particular attention in the publication is drawn to the transfer to the exclusive authority of the prosecutor of the preparation of an indictment or other decision on the need to send a criminal case to court. The proposed publication, as conceived by the authors, can initiate a comprehensive discussion of this issue, both among legal scholars, investigators who prosecute criminal cases, and a wide kazakh and foreign public interested in this issue | Constitution; constitutional amendment; human rights; state interests; the prosecutor; criminal process; pre-trial proceedings; exclusive powers of the prosecutor | |
| 11 | Nikitin E. L. | «Ensuring the law and efficiency of interaction of operative and investigative divisions by the prosecutor during identification and investigation of crimes» | The article discusses possible ways and means of increasing the efficiency of the level of interaction between operational services and investigative units in the detection and investigation of crimes based on the rule of law. Serious violations of the operative-search and criminal procedural legislation that are allowed when detecting and investigating crimes in the field of drug trafficking and corruption crimes, including due to the lack of proper interaction between law enforcement agencies, are ascertained. The key role of the prosecutor in organizing proper interaction is noted. The publication uses Russian and foreign experience to find the optimal Russian model for increasing the effectiveness of the interaction between the operational-search and investigation units of law enforcement agencies in the field of crime control. The most effective forms of the prosecutor’s influence on the activities of the operational investigative and investigative bodies are determined to ensure legality in the implementation of the coordination functions | ensuring legality by the prosecutor; prosecutor’s supervision; coordination; interaction between operational and investigative units; the effectiveness of the detection and investigation of crimes | |
| 12 | Rakhmetollov A. K., Bekisheva S. D., Kizdarbekova A. S. | «Problems of protecting the rights of entrepreneurs in the law enforcement practice of state bodies» | One of the cornerstones of modern society is the violation of the rights of entrepreneurs, a strategically important sector that ensures the economic activity of the population and the life of the state. Various discussions are being held both in the scientific world and in law enforcement practice, as well as tools for countering negative phenomena and improving the system for protecting the rights of business entities. In this study, the authors draw attention to the need point research specific elements of criminal offences and the establishment of problem areas in law enforcement practice not only prosecution, but also public bodies and organizations that initiate attracting entrepreneurs to liability. The analysis of terminated criminal cases registered in the Unified register of pre-trial investigations under article 235 of the Criminal code of the Republic of Kazakhstan indicates the facts of premature criminal prosecution and the need to address the problematic aspects of the activities of the National Bank of the Republic of Kazakhstan | law enforcement agencies; protection of rights; entrepreneur; monitoring of | |
| 13 | Kaudyrov T. E., Shakenov М. A. | «Judicial practice of Italy and Austria in the aspect of the implementation of some case-law provisions» | This article is a continuation of a comparative legal empirical study on the identification of the mechanisms of functioning of the elements of case law in the framework of the Roman-German legal family. The object of the analysis carried out in the article was separate judicial acts of the Italian and Austrian Republics. The subject of the analysis was the legal relationship determining the possibility of using case law elements in Italy and Austria. The research methodology is based on an empirical analysis of existing regulatory material and acts of law enforcement practice. The purpose of this article is to determine the existence and degree of use of previous decisions by Italian and Austrian judges in resolving cases on the merits. Tasks set to achieve the above goals: – identify official online databases of court decisions, and, if possible, evaluate the performance of these systems; – define the system and algorithm for placing judicial acts in these electronic databases; – to analyze the decisions of various judicial acts, giving preference to the latest acts; – to carry out a theoretical generalization of the results with the formulation of possible practical proposals. The results of the research will be used in subsequent monographic study on the problems of implementation of case law elements in the Republic of Kazakhstan | precedent; judicial acts; Italy; Austria; court decision; Supreme Court; regulatory decisions; legal positions | |
Annotations and key words of the articles of the Bulletin №3/2020
| № | Initials and surname of the autor (s) | Article title | Annotation | Keywords |
| 1 | T.D. Karatayev | «Some issues of exemption from punishment in accordance with the legislation of the Republic of Kazakhstan on administrative offenses» | The article discusses ways of determining the insignificance of a committed administrative offense as a basis for exemption from administrative responsibility. It was concluded that there is a list of minor administrative offenses or their signs as well as the need for its legislative approval. The basics of applying the institution of exemption from administrative responsibility for minor offenses and ways of implementing the rules governing its procedure are considered. Additionally, legal norms governing the grounds and procedure for releasing a person from administrative responsibility as well as the judicial practice of implementing this institution, the norms of previously existing domestic legislation and the legislation of some foreign countries, regulating various aspects of exemption from administrative liability due to the insignificance of the committed administrative offense have been analyzed. The author proposes the further development of the theory of administrative law as well as the provision and improvement of this institution in terms of legislative and law enforcement practice | administrative offense; grounds for exemption from administrative responsibility; minor administrative offenses; administrative penalty; administrative responsibility; verbal warning; arbitrage practice; legislation |
| 2 | T.I. Kenjaev | «The emergence of anti-corruption institute on screening of normativ-legal acts in the Republic of Uzbekistan» | This article highlights in detail and step-by-step study as well as disclosure of the history of the emergence and further development in the Republic of Uzbekistan of anti-corruption screening of draft regulatory legal acts as a mechanism for combating corruption. The important role of international instruments such as the UN Convention against Corruption (New York, October 31, 2003) in the field of anti-corruption is noted. The special roles of the Organization for Economic Co-operation and Development (OECD) Anti-Corruption Network Action Plan of Istanbul, as well as recommendations made for the Republic of Uzbekistan during the country’s review of the Istanbul Plan are also emphasized. The basic documents adopted and aimed at further improving the mechanisms for anticorruption screening of draft legislation of the Republic of Uzbekistan are given | anti-corruption screening; drafts of legal acts, corruption, reforms; mechanisms; regulation; prevention; experience |
| 3 | L.A. Krasnоbayeva | «The theoretical and applied issues of implementation of public services in the Republic of Belarus» | The article examines the implementation of public services in the form of implementation of an administrative contract. The essence, types of administrative contracts and distinctive features from other types of agreements are disclosed. The author points out that the basis for the emergence of an administrative contract is the publication of a legal act of management. The study substantiates the thesis about the causality of the administrative contract as the main form aimed at providing public services. For the first time in the science of administrative law a definition of an administrative-contractual relationship as a public relationship aimed at meeting the specific needs of a citizen or organization is given. The conclusion is formulated that an administrative contract as a public contract is concluded by a body performing executive and administrative functions, and establishes obligations for the provisionof state and social services in relation to an indefinite number of persons who have applied for the provision of services | administrative contract; administrative law; public administration; civil law; contract; public administration; legal acts; public services |
| 4 | A.K. Abisheva | «The issues of improving criminal responsibility for sexual intercution or other acts of a sexual nature with a person under sixteen years old in the Republic of Kazakhstan» | The article is devoted to the problems of criminal liability for encroachments on the sexual freedom of minors through sexual intercourse or other actions of a sexual nature. Based on the analysis of law enforcement the author demonstrates the problems that occur in the process of bringing perpetrators to criminal responsibility for voluntary sexual intercourse with the victim. As part of the comportivistic analysis, the experience of the countries of the near and far abroad on the legal definition of the definition of violence, the conditions for release from criminal liability for voluntary sexual intercourse of minors with persons who have reached the age of prosecution are presented. In the summarizing part of the study, an attempt was made to solve the existing shortcomings of national criminal law in terms of exemption from criminal liability, in connection with a change in the situation, and proposals were made to amend the criminal law in the framework of combating crimes with signs of pedophilia | sexual act; acts of a sexual nature; underage age; use of violence; the subject of the crime; exemption from criminal liability; marriage with the victim; sexual education; criminal justice |
| 5 | Y.A. Omarov | «Qualification issues of the repeated delays in full and timely payment of salaries (part 3 of the article 152 of the criminal code of the Republic of Kazakhstan)» | The article deals with the responsibility for repeated delays payment of salary under the Criminal legislation of the Republic of Kazakhstan. The study of data on criminal statistics, materials of more than 100 pre-trial investigations and criminal cases considered by the courts, allowed the authorto identify problematic issues of investigation and qualification of repeated delays in payment of salary. Shortcomings in calculating the statute of limitations of pre-trial investigation bodies was identified, the reason for which is the continuing nature of the criminal offense. As a result of the study the athour concludes that the article is ineffective due to the lack of convictions in the case of numerous statements by individuals about non-payment of salary. Moreover, reconciliation with the victim does not entail negative consequences for the perpetrator, which leads to the abuse of this right for illegal purposes. Taking into account the results of the paper it is proposed to abolish criminal liability with increased administrative responsibility | non-payment of wages; delay in wages; labor rights; employee complaints; involvement of the employer; administrative prejudice; full scope; set deadlines |
| 6 | G.K. Shushikova E.S. Kemaly M.G. Azhibayev | «The issues of combating torments in Kazakhstan» | The legal policy of the state is always focused on the observance of the rights of citizens in the course of criminal proceedings, the execution of punishment, and the implementation of the principles of justice and legality. At the same time in the course of criminal prosecution as well as in the course of serving sentences by convicted persons, officials who are called upon to protect the rights of all citizens without exception, allow torment and hard treatment of these persons. Currently the revealed facts of torture and improper treatment of persons involved in the orbit of criminal prosecution cause a negative assessment from the society. Illegal actions of officials not only violate human rights, but also strike a blow to the image of Kazakhstan as a state governed by the rule of law, committed to the basic principles proclaimed in the Constitution of the Republic of Kazakhstan and international conventions. In this regard, the domestic law enforcement system, despite the ongoing reforms in the field of law enforcement and building a democratic state, is often associated with a punitive system that violates human rights and freedoms. The current situation in the field of human rights in places of deprivation of liberty requires the scientific community of the country to develop effective proposals for its resolution | human rights; use of torture; ill-treatment; subject of the crime; State party; criminal law; improving efficiency |
| 7 | I.M. Belyaeva A.K. Kussainova B.M. Nurgaliyev | «The investigative situation: problems of typification and classification» | The article analyses the most topical issues in classifying investigative situations. The article emphasizes that the interest of criminologists who transferred their discussions to the plane of algorithmicization and programming of the investigation does not wane in the investigative situation, which is one of the key categories of forensic science. In this work, the authors propose to consider the investigative situation from the point of view of criminal law, criminal procedure, criminalistic and other components of its structure. In the study the authors propose that the investigative situation has to be examined from the point of view of the criminal law, criminal procedure, criminalistic and other components of its structure. The significance of the institution of the investigative situation is determined through the analysis of scientific research and empirical material. This approach is important as the investigative situation is reflected in the relevant classifications in the detection and investigation of crimes. Attention to the forensic nature of the investigative situation is paid in the article. Forensic tactics, forensic techniques, including both ones have been considered. Their examination and classification are important in conducting of investigations | terms of the investigation; the situation of the investigation; forensic characteristics; typical investigative situation; investigation of the crime; components of the investigative situation |
| 8 | O.V. Kachalova | «Human rights in criminal justice: the crisis of the corona virus era» | The article deals with the problem of restricting the rights of participants in criminal proceedings in the context of a coronavirus pandemic. For the first time, the issue of defining criteria for such restrictions is raised. Based on the analysis of international legal acts, national legislation and law enforcement practices of various countries during the pandemic, the author concludes that measures restricting human rights in the context of a pandemic should be implemented on the principles of the rule of law, respect for human rights, legality, legal certainty and proportionality. Proportionality can be established by determining a reasonable balance of private and public interests in each specific situation, through an assessment of the affected interests in terms of their significance. In General terms, the rights and freedoms that provide the most significant benefits are given priority. Criteria to define a reasonable balance between private and public interests, to resolve any conflict of human rights, are determined by the immediate circumstances (health conditions, health status of participants in the process, the urgency and the importance of procedural actions of participants of criminal proceedings and the interests of justice, the possibility of providing the necessary sanitary and epidemiological requirements). If a conflict between different human rights arises in criminal proceedings, judicial review could be an effective means of resolving it | human rights; coronavirus pandemic; fair trial; criminal proceedings; criminal proceedings; right to defence; restriction of rights; criminal justice authorities |
| 9 | T.A. Tusip | «On the issue of the status of a witness entitled to protection» | The article considers topical issues related to the protection of rights of citizens in criminal proceedings. In particular, the author analyzed a new party to a proceeding – a witness who has the right to defense. The author describes in detail the characteristic rights and features of this party to a criminal proceeding. The existing problems in law enforcement practice are identified, including the lack of transparency of the work of criminal prosecution officers working with persons who are witnesses entitled to protection. Proposals were made to eliminate inconsistencies in the accounting and evaluation activities of parties to the proceeding. Questions are raised about the lack of accuracy and uniformity in the construction of individual standards. There are also reasoned proposals for changes and amendments to the current criminal procedure legislation regarding the rights of parties to criminal proceedings | criminal procedure; procedural status; protection of rights; participant in the process; rights of the suspect; witness who has the right to defense |
| 10 | B.A. Kulmukhanbetova | «The criteria for determining the effectiveness of law enforcement bodies activity (on the case of internal affairs bodies)» | The article examines the issues of the effectiveness of law enforcement agencies based on various data. Based on the analysis of information sources used in the practice of the internal affairsbodies of the Republic of Kazakhstan an author concludes about necessity expanding the subjects and sources for gath ering data assessment for performance of the law enforcement in general and the internal affairs bodies particularly. Such an extension can provide an objective and complete picture of the state of affairs in the law enforcement field. As a possible direction for determining the effectiveness of law enforcement agencies, it is proposed to use the criteria systematised by P.A. Raevsky and S.A. Parkhomenko based on summarising the international experience. Based on the analysis of open sources, such as specialised literature, materials published in the media, statistical data, the author examines the data regarding the Kazakh police considering the realities. It is concluded the possibility of utilising these criteria in assessing the effectiveness of law enforcement agencies of the Republic of Kazakhstan as a whole | public confidence; quantitative evaluation criteria; qualitative evaluation criteria; public control; public opinion polling; evaluation of law enforcement agencies; performance evaluation system; effectiveness of law enforcement agencies |
| 11 | G.K. Utibayev | «Administrative and territorial coordination of crime prevention» | In the article, the author reveals the main tasks of domestic coordination of crime prevention. An examination of the practice of coordinating crime prevention highlights a set of tasks that are binding on any coordinating body and that ensure, to varying degrees, the existence of a system at all. According to the author, the system of administrative and territorial coordination in general, and the Coordination councils in particular, dealt with all crime, not only corruption and organized crime. He proposes to transform the existing Coordination council into a body capable to manage the fight against crime. The expansion of its supervisory and coordinating powers will lead to its establishment as the Anti-crime authority. The vertical links between the higher and lower Coordination council seems to be strengthened by developing models of the relationship between them, through structural changes and targeted reorientations already within the limits of the system | Coordination; Coordination council; powers; crime prevention; corruption; organized crime |
| 12 | N.K. Adaliyev | «Effect of refugees flow on terrorist activity in european countries» | The article analized the effect of refugees on terrorist activity across the European countries during the period of 2014-2016 by using the number of asylum seekers and refugees, population, GDP per capita, and terrorist attacks. Different regression models were designed and analyzed to measure the effect of refugees on 34 European countries. It was proposed to analyze the data using a difference-in-difference estimation model. Using this model, we would be able to account for internal differences between European countries and focus the analysis on the impact of refugee migration on the number of terrorist attacks that have occurred in each country. Then, the authours plan to differentiate all countries that have increased their admission of asylum seekers by at least 20 per cent in response to the refugee crisis, as asylum friendly countries. By running a model, the hypothesis that refugees affect the occurrence of a terrorist attack has been approved. Although the coefficient for asylum seekers is seen as being incremental, the positive increase associated with refugees affecting the occurrence of a terrorist attack points to the policy change in 2015 as having a lasting effect on populations in the European countries in terms of growth potential threat | refugee; terrorist activity; terrorist attack; model; refugee seekers; threat; analysis; crisis |
Annotations and key words of the articles of the Bulletin №4/2020
| № | Initials and surname of the autor (s) | Article title | Annotation | Key words | |
| 1 | N.K. Adaliyev | «Formation and evolution of the «service» police: historical and modern aspects» | The trust of citizens in a “listening” state is becoming even more relevant today. Yelbas and the Head of the State outlined priorities for the transition to the service model of the police. The article provides examples of the main stages of formation and evolution of the “service” police model. The study identified key indicators and problems related to the development of the service police model and its main functions. The relevance of this topic is characterized by a significant increase in civic activity, which indicates the maturity of Kazakhstan’s society and the need to involve society in public administration. The author of the article makes proposals for the development of the main document for the strategic development of the model of a socially-oriented approach in the activities of the Kazakh police, taking into account the experience of foreign countries and the peculiarities of Kazakhstan society and the activities of state bodies | citizens’ trust; police service model; community-oriented approach; challenges and threats; protection of public order; experience of foreign countries | |
| 2 | A.K. Кussainova | «Current problems of liability for commitment of offenses in the field of taxation» | This article is devoted to the legal norms establishing liability for tax violations. It provides a comparative analysis of the norms of liability contained in the Codes of Administrative Offenses and tax laws of foreign countries. The article also raises the question of determining the criteria for offenses in the field of taxation, subject to exemption from administrative liability on the basis of its insignificance and the question of the need to differentiate administrative offenses and punishments for administrative and similar criminal offenses in the field of taxation, taking into account public danger. The effective measures provided by the law, as well as problematic issues of law enforcement practice in the application of administrative responsibility for offenses in the field of taxation, are considered, including the current problematic issues related to conflict of laws rules | taxes; tax offenses; tax liability; administrative offense; administrative liability; conflict of laws rules; fine | |
| 3 | B.K.Nurgazinov T.K.Makenov D.B.Tebaev | «Public services as a tool for ensuring the rights and legal interests of individuals and legal entities» | In the article, the authors consider the main approaches to key forms of implementing the functions of public authorities and propose to consider the definition of «public service», foreign experience, who is a service provider and a service recipient, the classification of services provided by government bodies and authorized organizations. It also discusses the issue of the presence of «hidden public services» and suggests ways to exclude them, provides examples of successful implementation of state policy on the automation and digitalization of the provision of services to the population and organizations. For discussion, the question is raised about the importance of studying the reverse side of the automation of services with examples from the field of land legislation of the Republic of Kazakhstan. In general, within the framework of the implementation of the Address of the Head of State to the people of Kazakhstan dated September 1, 2020 and other strategic documents, as well as taking into account scientific and theoretical research, the authors of the article propose to consider the activities of the state through the prism of providing services to the population of the country in the person of its specific representatives | public service; rights and legitimate interests; digitalization, automation; hearing state; land plot; government bodies; individuals and legal entities | |
| 4 | E.Anuar D.D.Suleimen | «On the historical analysis of the classification of offenses in Kazakhstan» | The article highlights the issues of categorization of offenses from the time of the Kazakh Khanate to the modern stage of development of criminal legal science. Historical analysis showed that the division of offenses into categories, based on their severity and social danger, was present in the history of the law of all countries, including the Kazakh state. Based on the analysis of the historical development of the system of offenses, there was no practical need to introduce a criminal offense. Before the introduction of the institute of misconduct, Kazakhstani legislation and without it divided illegal acts according to the degree of public danger into administrative offenses, crimes of a small, medium, grave and especially grave category. The introduction of misconduct on top of administrative offenses, without proper theoretical elaboration, without a real risk assessment, in fact, disorientated the law enforcement officer and raised questions about the delimitation of offenses | offense; classification; historical analysis; delineation of offenses; Kazakh customary law; criminal offense; delineation | |
| 5 | Zh.B. Zholzhaksynov | «Criminal legal measures for preventing cruel treatment of animals» | In most developed countries, legislation regulates not only human rights, but also animal rights. The problem of cruelty to animals in the Republic of Kazakhstan has received insufficient attention in comparison with other countries where animal rights are protected very effectively. Society underestimates the importance of the moral aspects of the problem of cruelty to animals, while the treatment of animals often affects the moral, ethical, economic, and social aspects of the life of any society and affects the feelings and interests of many people. Modern criminal law and psychology clearly show a direct link between cruelty and actions against animals and violent crimes against humans. The article is devoted to the problems of improving legislation in terms of cruelty to animals | animals;cruel treatment; violence against animals; animal rights; criminal liability; legal protection of animals; murder; sadistic methods; community service; social danger | |
| 6 | D.K. Kairzhanova D.D. Suleimen | «The concept of criminal offense and classification problems in the countries of the continental system of law» | Currently, criminal misconduct is one of the institutions of national criminal law. This institution takes place in the criminal law of many states, but its application has its own characteristics. The article considers the criteria for delineation of offenses in the criminal legislation of the countries of the continental legal system, as well as the issues of classification of criminal acts, defines the types of offenses, including the concept of criminal misconduct.These legal categories were considered from the point of view of comparative law in relation to the countries of the continental legal system. In the article from the countries of the continental legal system, the criminal legal features of France, Austria, Switzerland, Germany and Kyrgyzstan are considered. The results of the analysis showed that the Kazakhstan system of offenses, even before the introduction of the institution of misconduct, met international standards with its detailed division of illegal acts into administrative offenses, crimes of a small, medium, grave and especially grave category | crime; criminal offense; violation; classification of crimes; public danger; punishment; continental legal system; criminal liability; minor offenses | |
| 7 | Z.K. Karazhanova M.D. Karazhanov | «To the question of definition of the concept of corruption in the quasi public and private sectors» | As criminal statistics show, corruption in the quasi-public and private sectors is no less than corruption in the public sector of the economy. However, an analysis of the current domestic and foreign anti-corruption legislation shows that there is no qualitative and complete definition of the concept of corruption in these sectors. The article notes the urgency of the problem of defining corruption, studied and analyzed domestic and foreign legislation, doctrinal interpretation of the concept of “corruption”. The authors have given their own vision of solving this problem, as well as the author’s definition of the concept of corruption in the quasi-public and private sectors, based on the norms of the UN Convention against Corruption, although the Convention does not define the private sector. It was derived from an analysis of its provisions on the private and public sectors of corruption. The notion of “private sector” proposed by the authors deserves attention | UN Convention against Corruption; analysis of provisions; bribery; quasi-public sector; private sector; public sector; foreign legislation; public functions | |
| 8 | E.V. Kolenko | «Dynamic development of the justice system in the Republic of Uzbekistan: a new stage of reforms aimed at strengthening measures on reliable protection of the rights and legitimate interests of citizens» | In this article, the author believes that the changes taking place in the political and legal system of the modern Republic of Uzbekistan have necessitated rethinking and re-evaluating a number of attitudes that were previously perceived as axiomatic. The problem of the functionality of the justice system can, with good reason, be included among them. On the one hand, the administration of justice is viewed as a separate type of state activity, the exclusive prerogative of the state, due to which objectively it cannot but be focused on ensuring state interests, on the other hand, the institution of justice is the most important legal guarantor of ensuring the legal status of an individual, in by virtue of which justice should be oriented towards securing private interest. The author of the article discusses the independence and inviolability of the judiciary, further improvement of activities in order to ensure reliable protection of the rights and legitimate interests of citizens, the legal framework aimed at increasing the efficiency of a fair trial, its importance, relevance and reforms in this area, as well as the experience of developed countries in this area | court; trial; rights; judiciary; independence; justice; legal entities; citizens; decree; organization | |
| 9 | Y.A. Omarov A.Z. Syzdykov | «Violation of labor protection rules in the Republic of Kazakhstan: criminal-legal and criminalistic aspects» | The presented article considers responsibility for violation of labor protection rules under the criminal legislation of the Republic of Kazakhstan. The article reflects the opinions of scientists on the issues of protection and ensuring safe working conditions, and also considers international experience in ensuring the safety of workers. A criminal law characteristic of violations of safety regulations, industrial sanitation and other labor protection rules is carried out. The study of legal statistics of the Statistics Committee of the Ministry of National Economy of the Republic of Kazakhstan and the Committee on Legal Statistics and Special Records of the General Prosecutor’s Office of the Republic of Kazakhstan revealed discrepancies in the reporting. As a result of studying more than 150 pre-trial investigations and criminal cases considered by the courts, the authors identified problematic issues of the practice of investigation and qualification of these offenses. The final part contains conclusions and proposals for further improvement of practical activities | labor protection rules; labor injuries; safety measures; employee rights; employer; safe working conditions | |
| 10 | B.N. Kalmukhametova | «On the question of systematization of criminal procedural standards regulating the basis and procedure for the extraction of persons (extradition)» | In this article, based on the research, the author believes that it would be appropriate to systematize the rules on extradition with giving it a certain procedural form, in which the grounds and procedure will be independently regulated. The analysis of the grounds and procedure for the extradition of a person for criminal prosecution and execution of a sentence generally meets the current needs. However, it should be noted that their regulation of extradition from the point of view of criminal procedure law does not correspond to the established legal traditions in this field. The criminal procedure is characterized by a clear definition of the grounds and procedural order of any procedural action. In other words, all criminal procedure institutions are clothed in a certain procedural form | search; criminal prosecution; coercion; detention; temporary detention; extradition; regulation; extradition | |
| 11 | А.S. Sarsenbaev | «Some issues of detention of a suspect as the main measure of procedural coercion» | In the article, the author analyzes the institution of detention of a suspect regulated by the criminal procedure legislation of the Republic of Kazakhstan. In the course of the study, a comparative legal analysis of the Institute of detention of a suspect is carried out with the legislation on administrative offenses, the legislation of some CIS countries and Europe. Using statistical data, he believes that the criminal procedure legislation of the Republic of Kazakhstan has been sufficiently improved as part of the suspect’s detention. In addition, based on the research of foreign legal scholars, attempts are made to substantiate the domestic experience. one of the most pressing problems today is the rules and grounds for the release of a suspect in the commission of a criminal offense. The authors substantiate the positive domestic criminal procedure experience of protecting the constitutional rights and freedoms of detainees. In conclusion, the author points out the need to distinguish between detention as a measure of criminal procedure coercion and detention as an administrative coercion, as well as the need to strictly observe the rights and freedoms of the suspect when carrying out this measure | detention; temporary detention; grounds for detention; criminal offense; administrative offense; pre-trial investigation; coercive measures; preventive measure | |
| 12 | А.К. Rakhmetollov A.S.Kizdarbekova S.D.Bekisheva | «On the issue of using experts and authorized bodies on criminal offenses considered in relation to entrepreneurs» | Among the areas where violations of the rights of entrepreneurs are often found are operational search activities and criminal proceedings. Using empirical material, the authors consider individual reasons for starting a pre-trial investigation. Among the reasons for violation of the rights of entrepreneurs, the authors note the premature start of the pre-trial investigation, inconsistency and unreliability of the conclusions of specialists and experts involved both before and during the pre-trial investigation, the responsibility of these persons and gaps in the current legislation. Stabilization of the ongoing processes is proposed by: considering pre-trial proceedings as an exceptional stage; expanding the mechanism of interaction and control of authorized and law enforcement agencies; shifting the ways of resolving problematic issues to the civil plane; legislative regulation of the responsibility of specialists and experts for providing false conclusions | protection of rights; entrepreneur; pre-trial investigation; specialist; expert; law enforcement agencies; criminal process; responsibility | |
| 13 | D.S. Smagulova A.К. Jangabulova Michel Remi Njiki | «Analysis of approaches to the content of energy security in modern doctrines» | The article analyzes the practical approach to the concept of “energy security”, reveals the basic representations of “energy security”. Based on the study of the concept of energy policy of the country, which is made by importers, exporters and countries through which the transit of energy resources is carried out, the attempt is made to allocate a single approach to the content of this data. The analysis of the current international legislation showed the lack of a single wording of the concept under study, based on our view, the differences in approaches and the multiplicity of its content. In this case, the authors indicate the need for scientific analysis of this concept, namely from the point of view of law, which is based on the need for constant regulatory compliance with the conditions necessary for the provision of energy security. The conclusion is revealed by the authors studied by the concept | safety; national security; energy security; fuel and energy complex; energy resources; misuse; threats of energy security; energy conservation and energy efficiency | |
| 14 | A.A. Tynyshbayeva A.K. Shaimerdenov | «Suicide among minors: socio-psychological causes and prevention measures» | The problem of suicide of minors is relevant and significant in modern Kazakhstan society. The article examines suicide as a social phenomenon. The analysis of statistical data on completed suicides and suicide attempts was carried out, and the nature and trends of suicide by Kazakhstani people were revealed. Based on the analysis of the current social situation, a systematic and versatile approach to the study of the causes of suicidal behavior of minors is carried out, and the nature of adolescent suicides is studied. Aspects of a significant number of completed suicides for unknown reasons, the role of social networks, cyber-victimization and bullying are discussed. A comprehensive analysis of social practices and activities of authorized bodies was carried out, measures of prevention and provision of legal, socio–psychological, and medical assistance to adolescents in the suicidal and post-suicidal period were considered. National and foreign experience of preventive measures has been studied, on the basis of which proposals for prevention and response at the national and regional levels have been developed | suicide; minors; suicidal and post-suicidal behavior; nature and causes of suicides; social situation; social practice; prevention measures | |