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 article 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to health care, especially against the background of increased numbers of medical services provided by private clinics; outdated material and technical base; shortage of qualified personnel; poor quality of medical services; the process of transition to the model of health insurance,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 currently a priority task of the state.
|medicine; medical insurance; patient; private clinic; human rights; right to health care; medical care; reform; organism.|
|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.|
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 Constitution 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 Constitution and international law using general philosophical methods. International (supranational) law influences national 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.
|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.|
Annotations and key words of the articles of the Bulletin № 2 (24)/2022
|№||Initials and surname of the autor (s)||Article title||Annotation||Keywords|
|1||Ualiyeva Assel Mukhametbekovna||SOME ASPECTS OF SOCIAL ENTREPRENEURSHIP IN KAZAKHSTAN: ANALYSIS AND PROSPECTS||Social entrepreneurship is a relatively new phenomenon, capable of solving such important social problems in society as: low standard of living and poverty, unemployment, alcoholism, social tension. In economically developed countries of the world, social entrepreneurship has been brought to a high level of activity, whereas in the Republic of Kazakhstan this institution exists relatively recently. In the article, the author analyzes foreign experience and identifies problematic aspects of improving domestic social entrepreneurship. Based on the results of the SWOT-analysis, the main proposals for the development of social entrepreneurship in the Republic of Kazakhstan are formulated: increasing the social responsibility of businessmen by reinvesting part of their income in the development of social entrepreneurship; expanding the scope of social entrepreneurs’ activities by simultaneously solving problems of health, ecology, and other areas; developing the autonomy of social entrepreneurs from state support, since financial dependence on the state sometimes increases during periods of economic crises, rising inequality, etc.||social entrepreneurship; social problems; entrepreneurial activity;
|2||Azhibayev Marat Gennadievich||ISSUES OF BRINGING PERSONS TO RESPONSIBILITY FOR THE FINANCING OF TERRORISM AND EXTREMISM: LEGAL ASPECTS OF DOMESTIC AND INTERNATIONAL LEGISLATION
|Terrorism and extremism today are among the main threats to international stability and national security of almost all countries of the world, therefore, the work to destroy them and undermining their economic component is the main task of law enforcement and special agencies and services.
The domestic legislator is taking measures to counteract this phenomenon, one of which is the preparation and adoption of an appropriate legal framework.
However, as the analysis of the provisions of national legislation has shown, some norms are repressive in nature, which contradicts the principles of justice and legality enshrined in the Constitution of the country.
Such an approach creates some risks of human rights violations, undermines the image of Kazakhstan as a democratic and legal state.
In this regard, the primary task of the native scientific community is to develop effective proposals for the implementation of these principles and to increase the level of human rights protection in countering manifestations of extremism and terrorism in society.
The article discusses some problematic issues of respect for the rights of citizens in the framework of bringing persons to responsibility for the financing of terrorism and extremism, and also suggests measures to implement the principles of justice and legality in the criminal process and sentencing.
|3||Baetov Kanat Zhamalkhanovich||IMPROVING THE NORMS OF CRIMINAL LIABILITY FOR VIOLATIONS OF INDUSTRIAL SAFETY REQUIREMENTS OF HAZARDOUS PRODUCTION FACILITIES: DOMESTIC AND FOREIGN ASPECT
|The issues of industrial safety of hazardous production facilities are always relevant, since not only reliable provision of society and the state with all types of resources and products depends on the state of industrial safety of facilities, their emergency resistance, but also the maintenance of normal conditions for the life of citizens of the country, the preservation of the environment.
The legal basis for ensuring industrial safety, first of all, should be aimed at preventing accidents at hazardous facilities.
In the article, the author analyzes the norms of domestic and foreign legislation in the field of criminal liability for violations of safety rules at various production facilities.
Taking into account that in developed countries uniform standards of compliance with industrial safety requirements for all industries have been established, as well as the responsibility of employers has been strengthened, in order to improve the preventive role, a new version of Article 281 of the Criminal Code of the Republic of Kazakhstan is proposed, corresponding not only to current trends in the development of industry in Kazakhstan, but also to the criminogenic situation in this area.
hazardous production facility; Ministry of Emergency Situations;
|4||Baigundinov Yeldos Nagymbaevich
Potapov Dmitry Petrovich
Kambarov Azamat Kambaruly
|PERSONALITY TYPOLOGY OF MOTHERS WHO KILL THEIR NEWBORN CHILDREN
|In the article, the authors provide an analysis of the murder of a newborn child by mothers, as well as crime in this area, in general. Study of the personality of the criminal is importance of the article. One of the most difficult problems studied by humanity is the mystery of the nature of man himself. The study of the personality of the criminal is a complex problem, its research is carried out by personologists, sociologists, psychologists, teachers, legal scholars and others. The point of this issue lies in the majority of serious problems of mankind: poverty of the bulk of the population, the widespread use of drug and alcohol addiction, cruelty and indifference of the population to the problems of others. The possibility of eliminating the above problems will depend on how widely and comprehensively the problem of the criminal’s personality will be studied. The authors highlight the following motives of mothers who kill their newborn children, which underlie criminal behavior and crime itself: socio-economic, socio-psychological, including both violent-selfish and frivolously irresponsible and other determinants of personality.||newborn child;
frivolously irresponsible; pregnancy;
|5||Baisultanov Altai Bisenovich||ISSUES OF IMPROVEMENT OF MEASURES TO PREVENT ESCAPE FROM PLACES OF DEPARTMENT OF LIBERTY, FROM ARREST OR FROM DETENTION
|The public danger of escape lies in the fact that this act leads to destabilization of the activities of institutions of deprivation of liberty and hinders the achievement of the goals of punishment. It is determined that the correction of the offender, as one of the goals of punishment, is a guarantee that he will not commit a crime again.
An escaped convict has a negative impact on other convicts and attracts significant material resources and forces of employees of the penitentiary system to the search and detention of criminals.
Properly organized work in this direction and the interaction of employees of all departments of institutions executing sentences related to deprivation of liberty will allow timely identification of the causes and conditions conducive to escapes.
The article also discusses the main measures of special prevention of escapes, the process of improvement and direction of individual prevention of this type of crime.
|6||Igonina Elena Olegovna||CRIMINAL-LEGAL ASSESSMENT OF CARELESS ACTS OF MEDICAL WORKERS ON THE EXAMPLE OF LAW ENFORCEMENT PRACTICE OF THE REPUBLIC OF KAZAKHSTAN AND THE RUSSIAN FEDERATION
|The topic of criminal liability of medical workers for admitted defects in treatment remains resonant to date. The author conducted a comparative legal study of the responsibility of medical workers in foreign legislation: the criminal law norms applied in the qualification of iatrogenic crimes in the Republic of Kazakhstan and the Russian Federation are analyzed. Unlike the criminal legislation of the Russian Federation, the Criminal Code of the Republic of Kazakhstan provides for special criminal law norms regulating the responsibility of medical workers. The article presents the judicial and investigative practice of both countries. The appeal to foreign legislation made it possible to focus attention on the problem of establishing a causal relationship, which is a mandatory feature of the objective side of crimes with a material composition, which is universal for law enforcement officers. According to the results of the research, the author of the article proposed the adoption of acts of official interpretation: Resolutions of the Plenum of the Supreme Court of the Russian Federation, in the Republic of Kazakhstan – Resolutions of the Supreme Court of the Republic of Kazakhstan «On certain issues of qualification of medical criminal offenses», in order to clarify the legal norms, the application of which caused difficulties or for which a contradictory approach was found in judicial practice.||iatrogenic crimes;
|7||Kambarov Azamat Kambaruly
Karazhanov Malik Dulatovich
|SOME THEORETICAL ASPECTS OF COMBATING CRIMINAL OFFENSES IN THE FIELD OF INFORMATIZATION AND COMMUNICATIONS
|In modern conditions, the prevention of criminal offenses should be aimed not only at reducing offenses provided for by material law, but also at neutralizing possible negative criminal consequences from positive social phenomena that are the process of informatization of modern society. Promising areas of preventive work with offenses in the field of informatization and communication cover issues of improving legislation that provide for responsibility for this type of offenses. The national legal framework for combating computer offenses covers the range of current legislation regulating the rules for working with information, including with a computer, and establishing responsibility for their violation. However, some legal norms do not have a positive result. Legal prohibition must be combined with moral and ethical measures. These include the norms of behavior and ethics that have developed in the information environment and are intended to form moral and moral consciousness on the basis of universal human values when distributing computers in society. The scientific article notes that absolute reliability and security in computer networks cannot guarantee any hardware, software and other solutions. However, only with a comprehensive approach to security issues can the risk of loss be reduced.||computer technology; telecommunications;
information security; cybercrime;
informatization and communication;
|8||Tulebaeva Dinara Turginbaevna
|PROCEDURAL ISSUES OF CALCULATING THE TERMS OF INVESTIGATION AND DETENTION OF A SUSPECT RELATED TO THE RETURN OF A CRIMINAL CASE FOR ADDITIONAL INVESTIGATION
|In the article the author discusses the specifics of calculating and extending the terms of investigation and the terms of detention of a suspect at the pre-trial and judicial stages when sending the case for additional investigation and referral of the case by the court to the prosecutor. The preventive measure in question is the most severe one provided for by the criminal procedure legislation of the Republic of Kazakhstan, which increases the responsibility of the person conducting pre-trial proceedings and the court that authorized the chosen preventive measure. When deciding on the election of a preventive measure against a suspect in the form of detention, the body conducting pre-trial proceedings must each time consider the possibility of applying another preventive measure unrelated to the restriction of his constitutional rights. Since the procedure of criminal proceedings established by the Criminal Procedure Law is aimed at protecting against unjustified accusation and conviction, illegal restriction of human rights and freedoms. The article provides examples when the «delaying» of criminal proceedings leads to infringement of the constitutional rights of its participants. The paper suggests possible changes in the terms of detention of persons aimed at reducing their duration.||detention;
extension of the term; additional investigation; return of criminal case;
|9||Ibragimova Flura Galimovna
Aytkazin Yerlan Maydanuly
Baizhumanov Nurlan Orazbekovich
|CERTAIN ISSUES OF PRACTICAL IMPLEMENTATION OF AMENDMENTS TO THE LAW OF THE REPUBLIC OF KAZAKHSTAN «ON PUBLIC PROCUREMENT» INTRODUCED ON NOVEMBER 15, 2021
|The authors of the article provide a detailed analysis of the amendments and additions made on November 15, 2021 to the Law of the Republic of Kazakhstan «On Public Procurement» dated December 4, 2015, as well as their practical application and implementation.
The central issues on the studied issues are motivated prerequisites for making changes to the legislation of public procurement, forecasting the achievement of expected results. Particular attention is paid to the effectiveness of the practice of changing legislation in order to form a system capable of resisting corruption and ensuring transparency.
The authors make proposals to eliminate contradictions between the norms of legislative acts regulating the public procurement system, and draw conclusions about the need to return some of the excluded norms and make some changes. Recommendations have also been developed to improve the law in this area.
public procurement contract; customer;
procurement from one source;
|10||Alshymbek Dauren Bolatovich
Kaishatayeva Assel Kuandykovna
|CURRENT PROBLEMS OF NOTARY CERTIFICATION OF THE SURROGATE MATERNITY AGREEMENT UNDER THE LEGISLATION OF THE REPUBLIC OF KAZAKHSTAN
|In the article, the authors present the results of the study of the regulatory framework on the procedure for notarization of surrogacy in Kazakhstan. The main provisions of the content of the surrogacy contract are considered, namely: the subject, the rights and obligations of the parties and the duties of the notary at the conclusion of the contract.
Special attention is paid to the concept of «subjects of the surrogacy contract», so for one of the parties in the legislation three terms are used: «spouses», «persons married and wishing to have a child», «customer», which carry the same semantic meaning among themselves. At the same time, the legislator does not consider the concept of the term «customer», which raises the question of the expediency of using these identical terms in legislation.
The authors also consider the issue of the participation of foreign citizens as subjects of the surrogacy contract. Domestic legislation does not restrict the participation of foreign citizens in this process, but the question arises, does the country of a foreigner allow having children in this way?
Based on the study of this problem, the authors propose to conduct a mandatory legal consultation with a notary before concluding a surrogacy agreement with the participation of foreign citizens.
urrogate motherhood; surrogacy contract; reproductive methods;