Annotations – 2022 year

Annotations and key words of the articles of the Bulletin № 1 (23)/2022

Initials and surname of the autor (s) Article title Annotation Keywords
1 Aytkazin Yerlan Maidanuly

Ibragimova Flyura Galimovna

THE RIGHT OF CITIZENS OF THE REPUBLIC OF KAZAKHSTAN TO HEALTH PROTECTION: THEORETICAL AND PRACTICAL ASPECTS The scientific article examines the rights of citizens in the Republic of Kazakhstan to healthcare, the regulatory framework in this area, and also analyzes the provision of medical services in the country. The issues of practical application of legislation, topical issues of compliance of domestic legislation with the norms of international documents ratified by the Republic of Kazakhstan are considered.
The article provides a general analysis of the reforms carried out in the country in recent years in the field of medicine, increasing the requirements of society for the quality of medical services, medical services in a pandemic, as well as the organization of private medical care and state regulation of their activities.
The main topical issues of the domestic healthcare system in the Republic of Kazakhstan, touched upon in the ar- ticle are: observance and protection of citizens’ rights to health care, especially against the background of increased numbers of medical services provided by private clinics; outdated material and technical base; shortage of qualified personnel; poor quality of medical services; the process of transition to the model of health insurance, which is cur- rently a priority task of the state.
medicine; medical insurance; patient; private clinic; human rights; right to health care; medical care; reform; organism.
2 Akhmetov Yerik Bulatovich THE IMPORTANCE OF LEGAL PRINCIPLES IN THE SYSTEM OF ADMINISTRATIVE PROCEEDINGS OF THE REPUBLIC OF KAZAKHSTAN The article addresses the analysis of the basic principles of administrative proceedings. The main attention is given to the identification of the main functions, the system and the hierarchy of principles. The scientific novelty lies in the study of important subordinate guiding principles, the influence of which is decisive for the principles of administrative proceedings, and hence the entire system of public administration. A brief overview of the basic principles of administrative proceedings and their implementation in the countries of the near and far abroad was made.
At the same time, the institution of administrative proceedings, especially their principles, as well as the principles of administrative law in general, for the legislator and even the doctrine still remain largely unexplored and obscure problems. The author also concluded that the main feature of the principles of administrative proceedings is their direct effect and specific regularity.
administrative proceedings; administrative procedure; administrative justice; universality; legality; public administration; officials; administrative cases.
3 Baktybekov Mukhtar Baktybekuli

Mataeva Maygul Khafizovna

Ostapovich Igor Yurievich

СORRELATION OF NATIONAL AND INTERNATIONAL LAW: THEORETICAL AND PRACTICAL ISSUES In the article, the authors reveal the content of the constitutional provisions and the legal position of the control body in ensuring the supremacy of the Constitution, focusing on the special significance of the Consti- tution in the interaction of international (regional), national law. Analysis of the limits of implementation in the legal system of the Republic of Kazakhstan and the conditions and procedures for their operation, revealing the content of international and supranational law was carried out.
The study analyzes the development of human consciousness and law, the relationship between the Consti- tution and international law using general philosophical methods. International (supranational) law influences na- tional law and is accompanied by contradictions in achieving generally recognized principles. In this process, the results of the study will be the features and supremacy of the Constitution, which is the core of the national legal system, depending on the socio-cultural situation in the country and the global goal of building an international legal community.
The establishment of a system (order) of the constitutional legislation of the Republic of Kazakhstan, taking into account the peculiarities of international (supranational) law in relation to national law and the determination of legal positions by the Constitutional Council of the Republic of Kazakhstan will allow systematizing the current law.
international (supranational) law; Constitution; Legal Policy; constitutional reform; ratification; сonstitutional control; Resolutions of the Constitutional Council of the Republic of Kazakhstan.
4 Omarov Yerbol Agbayevich

Alpysov Nurlan Saparbekovich

Dzharullayeva Sabina Shakhmuratovna

ISSUES OF DIFFERENTIATION OF DELIVERY AND DETENTION IN CASES OF ADMINISTRATIVE OFFENSES The article shows the results of the research conducted by the Interdepartmental Research Institute of the Academy of Law Enforcement Agencies under the Prosecutor General’s Office of the Republic of Kazakhstan on the observance of the constitutional rights of the individual in the application of security measures in cases of administrative offenses. The presented article reveals the problems of legislative regulation and the practice of applying such measures to ensure the proceedings in cases of administrative offenses as delivery and detention. Thus, the authors investigated the essence of «administrative delivery», the right of regulation and the practice of its application. A comparative legal analysis of the norms regulating detention in criminal proceedings has been carried out, and a new definition of administrative detention, similar to criminal procedure, has been proposed. Having studied judicial practice, as well as the practice of applying security measures, the authors proposed legal mechanisms for distinguishing detention from delivery, as well as a new definition of the latter. In particular, the use of coercive measures in the process of delivery is proposed to be regarded as administrative detention with all the legal consequences that follow. At the same time, the authors have studied and analyzed the foreign experience of legal regulation of delivery and detention. administrative offense; security measures; delivery; administrative detention; differentiation; restriction of freedom; coercive measures; force and special means.
5 Iglikova Saule Dakenovna SOME FEATURES OF QUALIFYING ILLEGAL HUNTING AS A CRIMINAL OFFENCE The article discusses one of the features of illegal hunting – the commission of an act by a group of persons. The author notes that despite the presence of a significant public danger, a violation of the rules of hunting committed by a group of persons qualifies as an administrative offense, due to the lack of an institution of complicity in administrative law. It is indicated that the current wording of Article 337 of the Criminal Code of the RK gives rise to evasion of responsibility of persons who commit illegal hunting in a group if the act is committed without the use of devices, means and equipment specified in Part 1 of Art. 337 of the Criminal Code of the RK. Attention is drawn to the fact that when committing a criminal offense, persons bear joint and several liability and the damage caused is assessed by summing up the damage caused by each participant, while when committing an administrative offense, each hunter is liable and then the amount of damage often does not reach the amount specified in Part 1 Art. 337 of the Criminal Code of the RK. The author proposes to introduce amendments to the criminal legislation of the RK in order to improve it, eliminate the identified shortcomings and toughen responsibility for illegal hunting in a group of people. illegal hunting; violation of hunting rules; criminal offenses; administrative offenses; criminal liability; group of persons; environmental damage; hunter; wildlife; group illegal hunting.
6 Kazbaeva Asel Gabidenovna

Kiyazova Albina Zhomartovna

ON THE ISSUE OF THE EFFECTIVENESS OF THE LAW OF THE REPUBLIC OF KAZAKHSTAN «ON PUBLIC PROCUREMENT» (RESULT OF ALTERNATIVE MONITORING OF LEGAL ACTS) The quality of the organization and conduct of public procurement significantly depends on their legislative regulation. The main regulatory legal acts regulating the issues of public procurement are represented by a separate legislative act, subordinate regulatory legal acts adopted for its implementation, as well as other regulatory documents.
This study examines the issues of the quality of legislative procedures carried out by the authorized body in the field of public procurement, which did not fully achieve their results, and the planned changes and additions were not reflected in the adopted legislative act. In addition, there were cases of rapid changes in the new regulatory regime or the adoption of legal norms in general, bypassing the legislative procedure.
In addition, the article partially presents the results of the analysis of the effectiveness of the Law of the Republic of Kazakhstan «On Public Procurement» regarding the unjustified application of outdated provisions of the regulatory resolution of the Supreme Court of the Republic of Kazakhstan in the field of dispute resolution on public procurement. In addition, the work reflects the contradictions of the main legislative act in the field of public procurement with the norms of some codes and legislative acts.
public procurements; law on public procurement; analysis of the effectiveness of the law; purchas- es; concept of the draft law; quasipublic sector; improvement of legislation; gaps in legal regulation.
7 Nazritskaya Tatyana Sergeevna IMPROVING THE LEGAL REGULATION OF THE PARTICIPATION OF THE PROSECUTOR IN THE ARBITRATION PROCESS The article deals with the issue of limiting the powers of the prosecutor with his participation in the arbitration process, which has not lost its relevance for more than 18 years (since the adoption of the Arbitration Procedure Code of the Russian Federation in 2002). Today this problem attracts even more attention due to the increase in the number of disputes, as well as cases of administrative offenses considered by arbitration courts. The author shows the main shortcomings of the normative regulation of the procedural status of the prosecutor when considering economic disputes by arbitration courts. The article provides examples from judicial and prosecutorial practice, demonstrating the effectiveness of the prosecutor’s implementation of the powers enshrined in Art. 52 of the APC RF and Art. 28.4 of the Administrative Code of the Russian Federation, when applying to
arbitration courts to eliminate violations of laws in the economic sphere, revealed by him from various sources.
Reinforcing his position with the statements of scientists, the author expressed his conviction about the urgent need to amend the current legislation in order to expand the powers of the prosecutor with his participation in the arbitration process and strengthen the rule of law.
General Prosecutor’s Office of the Russian Federation; arbitration court; economy; Arbitration Procedure Code of the Russian Federation; exercise by the prosecutor of powers in the arbitration process; prosecutorial practice; administrative offenses; strengthening the rule of law.
8 Satanova Leila Muslimovna ROAD AND TRANSPORT SAFETY IN THE REPUBLIC OF KAZAKHSTAN: STATE AND ENSURING METHODS The article shows the results of a study of the state of road accidents in Kazakhstan. The paper presents statistical data for the current year 2021 and reveals the dynamics of the growth in the number of accidents relative to the previous year. The reasons for the commission of RTA, the number of injuries, injuries, and deaths received by accident participants are also being investigated. The official statistical data provided by the World Health Organization, as well as the results of a study by leading universities in the United States and Western European countries are presented. According to the results of the study, the author proposes to adopt a comprehensively thought-out state program that would be aimed at: attracting scientific potential in the course of investigating the causes leading to RTA; forming the basis and priority direction in the application of preventive measures aimed at reducing the number of accidents and reducing its dangerous consequences; coordinating the activities of executive bodies, local governments in the field of ensuring safe road traffic; the implementation of a set of measures aimed at the application of preventive measures, which can have a positive impact on reducing the level of RTA committed, as well as on the indicators of injuries, injuries, disability and mortality of RTA participants. road traffic accident; WHO; motor transport; statistical data; number of deaths; safety; state program.
9 Tugelbayev Ulan Erkinovich PROBLEMS OF COUNTERING TERRORISM ON THE INFORMATION SPHERE UNDER CONDITIONS OF OVERALL DIGITALIZATION Currently, the situation in the field of information counteraction to terrorism requires the adoption of appropriate measures. It is important to emphasize that despite the fact that a number of issues related to information security in the field of countering terrorism have been considered in the scientific works of scientists and practitioners, some of the relevant provisions have remained undisclosed. And so far, this area is a less developed type of anti-terrorist counteraction, including in the field of international cooperation.
In this article, the author draws conclusions about the need to: monitor the use of the financial system in order to identify the facts of the use of its tools by terrorist elements for their own purposes; amend Article 258 of the Criminal Code of the Republic of Kazakhstan regulating responsibility for crimes against public safety; adopt a single national regulatory legal act for the country regulating the circulation of cryptocurrencies; establish an international body, coordinating the cryptocurrency sphere; use information counter-propaganda measures using the capabilities of the media, bloggers, thematic groups in social networks.
terrorism; information sphere; digitalization; counteraction; the Internet; consequences of terrorism; digital technologies.
10 Utepov Dauren Parkhatovich

Zhempisov Nazarbek Sharuanovich

Zhumadillaeva Ainur Kanadilovna

FORMS OF PARTICIPATION OF IT-SPECIALIST IN THE PROCESS OF OBTAINING DIGITAL TRACES IN CRIMINAL CASES In the article, the authors consider the issues of the legal grounds for the participation of IT specialists in collecting digital traces in solving criminal cases in the realities of the current legislation of the Republic of Kazakhstan. The problems of the low detection rate of crimes committed using information technologies in Kazakhstan and abroad are assessed. The importance of the participation of specialists in the search and collection of digital traces is addressed.
The work shows the necessity of reforming the criminal procedure legislation to fix the mandatory participation of IT specialists in procedural actions such as inspection and search in criminal cases committed through information technology. In addition, based on the results of the analysis, it is proposed to create a Pool of IT specialists to attract them as specialists in solving such criminal cases.
evidence; digital traces; IT specialist; investigative actions; inspection; seizure; Internet fraud; pool of IT specialists; special knowledge.
11 Shtefan Daniil Igorevich INSTITUTE OF COURT ADMINISTRATOR: DOMESTIC AND FOREIGN EXPERIENCE The administrator of the court as a position of the state civil service in the Russian Federation in the context of ongoing judicial reform expects a number of significant changes. The article analyzes the draft amendments to the legislation on the status and powers of the court administrator, compares with the structure of the organization of judicial activity in the Republic of Kazakhstan and highlights the key problems in the institute of organization of judicial activity and ways to solve them based on existing foreign experience. The introduction

of new technologies in judicial activity requires a qualitative leap in the format of court management. The analysis of practice shows that the chairmen of courts in Russia, taking into account the growing judicial burden, will not be physically able to perform the functions of a judicial manager without sacrificing the quality of the administration of justice.

organization of judicial activity support; Court administrator; Judicial Department; Judicial service; judicial reform; theory of state management; administration of courts; judicial system.