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Search results: civil proceedings

Number of results: 35


Rights and obligations of persons involved in civil proceedings: problems of legal regulation
Annotation:

The article describes in detail the civil proceedings, the General characteristics of the participants of the process, the classification of persons involved in the case, the order of their participation in the proceedings, as well as their rights and obligations. Civil procedure is a system of legal norms regulating civil procedural actions and legal relations formed between the court and other participants of the process in the administration of justice in civil cases. The main purpose of this production is restoration of the violated right and protection o f interests protected by the law. Procedural actions shall be carried out in accordance with the procedure and strict procedure established by law. On the basis of the procedure established by law at all stages of the process, civil procedural relations arise, develop and cease.

Year of release: 2020
Number of the journal: 1(77)
Heading: Law

Public services: current state and prospects of development
Annotation:

The aspects of delivery system development of the public services submission to the population in the Republic of Kazakhstan are observed in this article on the basis of monitoring results.

Year of release: 2014
Number of the journal: 1(53)

Some aspects of the civil service system in the Republic of Kazakhstan and international experience in effective government machinery creation
Annotation:

This article describes the features and principles of the civil service system in the Republic of Kazakhstan, as well as international experience to create an effective state apparatus by the example of South Korea.

Year of release: 2014
Number of the journal: 1(53)
Heading: Social sciences

Regional policy of providing the steady development of the rural areas
Annotation:

The article proves that transition to a sustainable development of the rural regions assumes introduction of the mechanism of management by a sustainable development of the region, improvement of business processes and institutes of the civil society, particularly, the models of local self-government.

Year of release: 2012
Number of the journal: 4(48)

Non-governmental organizations as an institution of civil society
Annotation:

The development of nongovernmental sector of Kazakhstan at the present stage is one of the basic criteria of a functioning civil society, promote the country on the path of sustainable democratic development, building a secular, legal and social state. In this article the basic tasks of non-governmental organizations in the development of civil society. Considered the stages of formation and development of nongovernmental sector in the Republic of Kazakhstan. Noted the basic positions of the President in relation to civil society and non-governmental organizations.

Author: К.T. Shushaeva
Year of release: 2016
Number of the journal: 1(61)
Heading: Social sciences

Competency-based approach to the training of akims of rural districts of Pavlodar region
Annotation:

The article is focused on the competency-based approach to the training of akims of rural districts on the basis of the best practice of Pavlodar center for retraining and advanced training of civil servants.

Year of release: 2016
Number of the journal: 4(64)
Heading: Social sciences

Dynamic evaluation of emergency cases in Pavlodar city
Annotation:

This paper analyzes emergency cases in Pavlodar city and suggests a set of preventive measures aimed at reducing the number of emergencies. The main causes of emergencies are of natural and anthropogenic origin. The paper is based on statistical data for a five-year period. Based on research results, state recording of emergencies is maintained. To prevent emergencies of natural and anthropogenic cause on the territory of Pavlodar, there are special emergency rescue teams, territorial units of the Civil Defense, object units and emergency response units.

Year of release: 2016
Number of the journal: 4(64)
Heading: Social sciences

Foreign experience of forming branding models
Annotation:

The cities folded in foreign countries distinguish three organizational models of branding. First model – administrative – here, forming of brand of territory the public and local organs of power take the lead. Second organizational model – branding is initiated by business and divided into two types. First type – "export", according to this variant the basic task of municipal brand consists in stimulation of sales of commodities and services of local producers. Second type – "import", this variant of business model is branding on purpose to attract (to import) new business and investments in a city. The third model of organization of branding – civil is implies that realization of branding is initiated by different public associations or separate interested citizens. All three variants of branding befit the Kazakhstan cities and territorial educations, but priority direction will become is the European model with participation administration.

Year of release: 2017
Number of the journal: 1(65)

Professionalization as a background for the quality management of the advanced training and retraining of civil servants
Annotation:

The article is focused on the professionalization of the civil servants’ activity and the role of the quality management of the advanced training and retraining of civil servants.

Year of release: 2017
Number of the journal: 1(65)

Problems of consideration of civil cases in a special action procedure
Annotation:

The article discusses the procedures and rules for the consideration of civil cases in a special action procedure. Investigated the problems of civil cases in order of chapter 29 of Civil procedural law of the Republic of Kazakhstan. In particular, mandatory compliance by the parties in the case of pre-trial settlement of a dispute. Studying the current legislation, recommendations on its improvement are given.

Author: А.Yu. Rybkina
Year of release: 2018
Number of the journal: 2(70)
Heading: Social sciences

Analysis of the structure and functions of the service, carrying out training and retraining of local government personnel (on materials of Pavlodar region)
Annotation:

The article considers the analysis of the selection and promotion of personnel, ensuring the professionalism and transparency of the state apparatus. It is noted that the modern civil service, ensuring the execution of the powers of state authorities, is a complex, dynamic social system. Emphasis is placed on the fact that the professional development of government personnel should be carried out using a competency-based approach, which is declared as the most optimal way, the starting point of all personnel management work

Year of release: 2018
Number of the journal: 3(71)

Assuring the NGOs’ services quality through standardization
Annotation:

Non-governmental organizations cover a large part of the educational services market. Great demand for the educational services improvement and meeting the target groups’ special needs is calling for the regulating documents for NGOs to be developed. Regulating documents are to serve for the establishment of the consistent approach to the papers content and design, and to manage the independent education services quality evaluation routine.

Year of release: 2018
Number of the journal: 4(72)
Heading: Social sciences

A few aspects of liquidation of legal entities in the Republic of Kazakhstan
Annotation:

The Civil Code of the Republic of Kazakhstan provides for the liquidation of a legal entity as a possible consequence of invalidation of the state registration of the legal entity. In this article, the author reveals in detail the conditions and procedure for liquidating a legal entity, because it is strict adherence to the liquidation stages within the framework of the current legislation that ensures the stability of turnover, as well as a guarantee of protecting the interests of creditors of the legal entity being liquidated.

Author: D.T.Zhangazina
Year of release: 2018
Number of the journal: 4(72)
Heading: Social sciences

Floodwaters are under control
Annotation:

During the preparatory activities for the preparation and conduct of the KShU, the civil defense plans for peace and wartime were adjusted and clarified, the calculations of forces and resources for conducting emergency response activities were refined and their readiness checked. Checked the combat readiness of the units taking into account work in extreme conditions and the provision of personnel with equipped interchangeable clothing. Additional briefings have been organized on compliance with safety measures for fighting fires and performing emergency rescue operations. Autonomous sources of energy supply, stocks of material and technical, food reserves were checked. In general, the forces and facilities of the units of the Service are on daily round-the-clock alert duty and are ready to meet the set tasks for eliminating emergencies and situations at the first alert.

Year of release: 2019
Number of the journal: 1(73)

On the question of understanding the rule of law in a country with the rule of law
Annotation:

In the present article the understanding of the lawfulness in a legal state isconsidered . In particular, the author notes that legality is the main principle of the rule of law. In addition, it is noted that the precise implementation of democratic laws entails the implementation of other legally enshrined principles, such as: separation of powers, democracy, sovereignty of the people, recognition and guarantee of human rights, etc. The author concludes that at present, the idea of a legal state, as applied to the Republic of Kazakhstan, is in the phase of its implementation.

Author: B.M. Pakirdinov
Year of release:
Number of the journal:
Heading: Social sciences

Application of civil law
Annotation:

The article discusses the concept of civil law, its application in the territory of the Republic of Kazakhstan. The application of civil legislation throughout the territory of the Republic of Kazakhstan, the application of civil legislation by analogy, unless otherwise provided by law. Attention is paid to the main sources of civil law and the application of existing civil law in the space

Author: Zh.Zh. Talipova
Year of release:
Number of the journal:
Heading: Social sciences

The state of the penitentiary system in Kazakhstan: history and modernity
Annotation:

This scientific article examines the history of the emergence and development of this type of penitentiary institution such as a prison on the territory of Kazakhstan, an analysis of the punishment system, its content, goals, main directions of development, without which it is impossible to trace the process of formation of the system of execution of criminal punishments. The article notes that punishment, as a form of coercion, is widely used in solving social-class contradictions. Since the traditional Kazakh society was patriarchal-feudal, it was immanent in the coexistence of the institutions of the clan system (pre-class relations) and the feudal formation (class society), these phenomena did not acquire an antagonistic character. Herefore, in the pre-Russian period, there were no prisons on the territory of Kazakhstan. The article traces the origin, formation and development of the system of prison institutions in Kazakhstan in a historical and legal aspect. Based on a substantive study of this issue, the authors come to the conclusion that penitentiary institutions, like any other social institutions, have evolved in close connection with the needs of social development. The article clearly traces the application of the principle of universality of the general civilization approach in the implementation of the organizational and legal foundations of prison activities. Throughout the history of the development of the penitentiary system in Kazakhstan, the experience of advanced countries was taken into account. The authors believe that the practice of Soviet prisons of rigidly isolating the criminal from society has an insufficient corrective effect. After all, the very meaning of the term “poenitentiarius” (penitentiary) in Latin means “corrective”. In this regard, they propose amending the rules of the Criminal Procedure Code of the Republic of Kazakhstan in relation to prisons and include in its activities some fragments of the progressive system of imprisonment, taking into account the best practices of the developed democracies of the world.

Year of release: 2020
Number of the journal: 3(79)
Heading: Law

On the question of forms and types of property rights in civil law
Annotation:

The right of ownership, like property itself, occupies one of the mainplaces in public life. Statutory regulation of property relations in the Republic of Kazakhstan existed throughout the entire period of statehood formation. Today, property relations are regulated by the norms of various branches of law. But civil law regulation occupies one of the most important places in the system of regulatory regulation. This article deals with a comprehensive analysis of the main legal concepts, such as property, owner, subject of property rights, as well as forms and types of property, the grounds for the emergence and termination of property rights and ways to protect and protect the absolute right of the owner. A certain thing may belong to several persons as common property. In this case, the right of ownership is distributed among several owners (co-owners). The totality of legal norms on common property forms the institution of common property law. The purpose of this work is a comprehensive analysis of the main legal concepts, such as property, owner and subject of property rights, as well as forms and types of property, the basis for the emergence and termination of property rights and the definition of ways to protect and protect the absolute right of the owner. The means of achieving this goal is the study of the works of Kazakh legal scholars, the study of the analysis of practical materials. The article uses the following methods: comparative-legal, system-structural, formal-logical, as well as the method of system analysis. The legislation of Kazakhstan provides for two subjects of State property that have the right to act on their own behalf: the Republic of Kazakhstan as a whole (in respect of property constituting republican property) and the administrative – territorial unit (in respect of property constituting municipal property). That is, in civil circulation, data are carriers of state property rights. Depending on the tasks performed, the State exercises the powers of the owner on behalf of one of the specified entities. The Republic of Kazakhstan and the administrative-territorial unit are not legal entities. However, unless otherwise provided by legislative acts, they are subject to the rules governing the participation of legal entities in relations regulated by civil law. The state and administrative-territorial unit, as special subjects, have all the rights ofsubjects of civil legal relations and are limited in legal personality only by the current legislation.

Author: Zh.Zh. Talipova
Year of release:
Number of the journal:
Heading: Law

On the issue of the scope of application of labor legislation in the Republic of Kazakhstan
Annotation:

In this article, the authors consider the features of the scope of application of labor legislation. The authors note that the extent to which the norms of labor legislation apply to different types of labor relations varies. In this connection, the question of the scope of labor legislation, as well as the limits of its use in the settlement of labor relations of various categories of citizens, becomes relevant. The purpose of this article is to address issues related to the scope of application of labor legislation. In this study, the methods generally accepted in the legal science and the science of labor law is used. Thus, such general scientific methods as dialectical, system-structural, historical methods, as well as the method of comparative analysis were used. Among the special legal methods used, it is necessary to distinguish the formal legal method of scientific knowledge. The scope of the labor legislation is, first of all, the circle of public relations, a certain territory, as well as the circle of subjects to which its norms apply. The Labor Code cannot regulate all relations concerning the exercise of the right to work. This is the sphere of regulation of the Constitution of the Republic of Kazakhstan. Labor legislation can regulate only those relations concerning the exercise of the right to work that arise on the basis of an employment contract. The authors come to the conclusion that labor legislation regulates not only labor relations, which are the subject of labor law. It also regulates certain other types of employment relations in cases where this is expressly provided for by law. At the same time, it should be noted that the labor legislation applies to other types of labor relations only within the limits defined by a special law. Labor legislation does not apply in cases where the work is performed by an individual – a business entity independently or the work is performed by members of a personal peasant farm in this farm, as well as in cases where an individual performs the duties of a member of the supervisory board of a joint-stock company, the executive body of a business company, or other relevant management bodies of legal entities; if these duties are performed on other grounds than an employment contract, and if an individual performs the duties under a civil contract providing for the performance of certain work in favor of the other party to the contract.

Year of release:
Number of the journal:
Heading: Law

Constitutional Council of the Republic of Kazakhstan and other state authorities: problematic aspects of interaction
Annotation:

In the Republic of Kazakhstan a market economy, a democratic political system and a free civil society based on ideological, social and political pluralism are developing. This contributes to the development of constitutional norms and the diversity of new legal institutions that ensure the supremacy of the Constitution. These include the constitutional Council. In 2020, it's been twenty-five years from the date of adoption of the Constitution of the Republic of Kazakhstan and the creation of the constitutional Council of the Republic of Kazakhstan, ensuring the supremacy of the Constitution throughout the territory of the Republic. The constitutional Council of the Republic of Kazakhstan is not part of any of the three branches of government and is subject only to the Constitution of the Republic of Kazakhstan and the law. The purpose of this article is a comprehensive analysis of theoretical and practical issues of interaction between the constitutional Council of the Republic of Kazakhstan and other institutions of state power. In this regard, the article contains the results of the analysis of the foundations of the constitutional system of the Republic; constitutional supervision of the prosecutor's office; the institution, functions and instruments of power of the President, mechanisms of interaction of the Constitutional Council as a constitutional supervisory body with the President of the Republic of Kazakhstan, the Parliament of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan. A comprehensive study of the activities of the constitutional Council of the Republic of Kazakhstan on the constitutionalization of current legislation is one of the current theoretical and practical problems. It is determined by the scale and quality of the current legislation adopted during the period of fundamental social reforms, the need to «correct» and improve it. In this regard, a significant role is assigned to the Constitutional Council, whose activities are subject to scientific analysis and reflection. In addition, the authors studied and revealed the line of interaction of the constitutional Council and other government institutions are considered in the areas of initiation of constitutional proceedings in the Council, organisational, legal, information procedures, determine the composition of the constitutional Council, overcoming the objections of the President to the constitutional Council's decision. The institutional method used in the article made it possible to show the essence and significance of the constitutional Council in the system of state authorities

Year of release: 2020
Number of the journal: 2(78)
Heading: Law

Universal coordinates and methods of reformatting an ambiguous humanitarian paradigm
Annotation:

In the conditions of market uncertainty, the coronavirus pandemic, the absence of an officially articulated national idea, national interests and ideology in Kazakhstan, the problem of the lack of logically justified and coordinated coordinates of systemic thinking, an unambiguous paradigm of humanitarian thinking (analytical, pedagogical, managerial, economic, etc.) is becoming more and more clearly realized as the most important conditions for personal, civil and professional self-determination. The purpose is to substantiate the general logical coordinates and methods of reformatting the ambiguous humanitarian paradigm used in the activity. The study used various methods: the ontological principle of genetically meaningful logic, the method of transformation of concrete images of objects based on their abstract essence, the method of ascent from the abstract to the concrete, the speculative language of schematic images of thought and the language of methodological theory of activity. Logically justified universal abstract-concrete coordinates of universal motion are given. In relation to life and the world of activity, they can be concretized by coordinates: "standard of living – efficiency of activity", or "efficiency of activity – time", or "results – costs", or "quality – quantity", etc. The use of motion vectors in the logic of descent from the concrete to the abstract (NCA), ascent from the abstract to the concrete (AAC), as well as in their combination – logic CAC gives certainty to thinking. As an example, the scheme of the qualitative difference between educational (pre-professional) activities from professional ones using these methods and paired dialectical categories is given. The scheme and description of the functional model of the system object, considered as a rubicon of the transformation of educational activity into professional activity, are given. To reformat the indefinite, ambiguous paradigms of the humanities used in the activity into functional-logical, visible, constructive and unambiguous, it is recommended to use abstract-concrete coordinates, the methods given, the language of schematic images and the paradigm of the methodological theory of activity. As an example, the concept of a typical unit of activity development is given. A visible unambiguous paradigm is a necessary, but not sufficient prerequisite for adequate personal, civil and professional self-determination of a person in situations of high uncertainty. A sufficient prerequisite is the acquisition by subjects of appropriate reflexive-thinking abilities for self-determination, self-organization, self-regulation, etc.

Author: V.I. Tsoі
Year of release: 2021
Number of the journal: 4(84)

The role and place of local self-government in modern society
Annotation:

Local self-government bodies are an integral mechanism of the foundation of a democratic state. In the modern system of public relations, one of the most important places is occupied by general economic relations, namely local self-government. Without a developed system of local self-government, legislative and real opportunities, it is very difficult to independently create market-democratic structures to solve economic, social, domestic, cultural and other issues at the local level. Local self-government bodies are a special level of government, which combines two principles: public and state. In the practice of Constitutional and administrative law, it is important to determine the place and nature of local self-government and to establish balanced relations between State authorities and self-government bodies, on the one hand, with local representative offices and structures. The purpose of the article isto study the role and place of local self-government in modern society, to develop practical recommendations on the formation and prospects for the development of local authorities in Kazakhstan. When writing an article, the following methods are used: description, analysis and synthesis, justification, logical modeling, system analysis, etc. When studying the formation of local self-government, as well as the functional management system, the method of structural and analytical analysis was used. The conclusions and recommendations obtained as a result of the conducted research can be used: in the practical activities of maslikhats and akimats of the Republic of Kazakhstan, civil servants; in the process of studying at courses in higher educational institutions, as well as for further general theoretical and applied research.

Year of release: 2022
Number of the journal: 2(86)

From the history of public administration in Kazakhstan during the period of "war communism"
Annotation:

The article examines the emergence and functioning of the Soviet institutions of power in Kazakhstan during the period of "war communism". On the basis of archival materials and published works, the author analyzes the activities of Soviets and revolutionary committees. The purpose of the article is to study the main trends and features of the development of local government in Kazakhstan in 1918-1921. The study is based on the principles of historical, scientific objectivity and systemic structural-functional analysis. For this reason, the author used such methods as the method of historical reconstruction for the reorganization of the administration of Soviet, party and other local bodies; the method of isolation for the study of local (regional) features in relation to local phenomena and processes in the energy sector; the method of typology, which made it possible to identify and describe different types of local authorities. The authors come to the conclusion that in 1918-1921, during the period of civil resistance, "war communism" and the beginning of the Chamber of Commerce and Industry, bodies of the new Soviet power appeared and operated in Kazakhstan. They are characterized as having an anti-democratic character; strict social orientation; alienation of indigenous peoples; immanent nature for creating conflict situations; choosing non-optimal ways and means of solving a problem situation; unification of party and state. As a result, an overgrown and clumsy class of party classification was formed, which was not provided for by the Constitution of the USSR.

Year of release: 2022
Number of the journal: 4(88)
Heading: Humanities

Environmental management systems: international models and experience of Kazakhstan
Annotation:

Significant air and water pollution, which is detrimental to the health of the citizens of Kazakhstan. Courts and regulatory authorities do not properly fulfill their obligations in the framework of environmental protection. Currently, government agencies are pursuing a policy aimed at protecting the environment and the rights of citizens. Purpose of the study is to analyze international models, practices, application of management systems for the legal protection of the environment and the health of citizens with application in Kazakhstan. The article discusses and explores a number of principles and methods of environmental management. Since these principles and practices contribute to the establishment of rational and effective environmental policy and management, it is proposed to take them into account when rethinking the current system in Kazakhstan. The article analyzes models and methods of legal protection of the environment and response to damage to the health of citizens, these tools can be part of an integrated system. Based on the study, it was found that in order for environmental management to reach its full potential, Kazakhstan also needs to undertake political reforms and involve ordinary citizens in the formation of policies and protection mechanisms. The studied strategies for collecting and taking into account the opinions of people when making managerial decisions on environmental protection can be used in Kazakhstani society.

Year of release:
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The right to education as a component of the effective development of legal culture
Annotation:

The main thesis of the proposed research is that in modern conditions of globalization, the realization of the right of citizens to education is an important and necessary condition for the development of society and the state. The right to education provides everyone with knowledge, skills, the development of creative abilities, guarantees the effective functioning of state and public institutions, national security, maintains stability in society and contributes to the development of a democratic, social rule of law state. The purpose of the study is to develop a holistic concept of constitutional and legal provision of the right to education in the Republic of Kazakhstan, taking into account international experience and developing proposals for improving domestic legislation regulating the right to education. The methodological basis is a system of philosophical and ideological approaches, principles, general scientific and special scientific methods that provided an objective analysis of the subject of research. The article substantiates that the state is also interested in ensuring the right to education for everyone, since it is education that creates qualified labor potential, provides training for professional specialists capable of effectively managing public affairs and performing its tasks. In turn, as a rule, an increase in the educational and qualification level of a person is the basis for salary growth, which affects the increase in tax deductions to the state budget, its filling, and therefore leads to economic growth of the state and society as a whole. The effective functioning of the education system in the state contributes to reducing unemployment (pupils, students belong to the category of the employed population), ensuring the vital activity of state institutions, national security, building a social state and establishing stability in society. Special attention in this article is paid to the implementation of scientific analysis of the right to education in the Republic of Kazakhstan in the context of modern international experience. The article makes a number of new theoretical conclusions and proposals, in particular: the signs of the right to education are classified into general (inherent in all categories of human and civil rights) and special (reveal the peculiarity of the right to education in the system of constitutional rights); the concept and content of the principles of the right to education are defined, what are the fundamental principles, ideas that determine its essence and the general direction of development.

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Heading: Law

Some features of bringing to administrative responsibility for detecting tax evasion
Annotation:

The sphere of taxation, ensuring the implementation by the state of the first stage of public financial activity is the mobilization of public funds, is the subject of close attention of scientists and increased public interest. The processes of tax reform taking place in the Republic of Kazakhstan show the dynamics of tax and legal regulation, implement a number of international standards in the field of tax relations, which cause an urgent need for theoretical understanding and thorough generalization, analysis and evaluation of new or significantly changed institutions of tax law. Tax administration has a procedural nature, which reflects the dynamics and statics of tax legal relations. From the standpoint of statics, tax administration is a set of all tax procedures provided for by tax legislation aimed at ensuring the receipt of tax payments to the relevant budgets. The purpose of the study is to determine the legal regulation of the procedures for fulfilling the obligation to pay taxes and fees by individuals and legal entities in the Republic of Kazakhstan by clarifying their legal nature, and bringing to administrative responsibility for non-fulfillment of this obligation. The methodological basis of the research is based on modern methods of cognition: dialectical, formal-logical, historical, comparative-legal, analytical-synthetic, system-structural, logical-legal. The article describes the legal regulation of the fulfillment of the obligation to pay taxes and fees in the Republic of Kazakhstan from the standpoint of statics (as a set of all tax procedures provided for by tax legislation, aimed at ensuring the receipt of tax payments to the relevant budgets) and dynamics (as the activities of relevant entities for the implementation of tax procedures). A distinction has been made between tax administration in a broad and narrow sense as: tax administration, which includes the whole set of procedures, including bringing to administrative responsibility for non–payment of taxes, as well as procedures for resolving tax conflicts in the mode of administrative coordination and in court; administration of tax payment - procedures for the payment of taxes and fees, the result of the implementation of which is aimed at all tax activities of the state, which ensures the actual receipt of funds to the budgets. The article also discusses a number of features of bringing legal entities to administrative responsibility for non-payment of taxes, within the framework of administrative proceedings.

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Heading: Law

The development of e-commerce in the information space and the need to protect consumer rights
Annotation:

The main thesis of the proposed research is that in modern conditions of globalization and the development of the information society, approaches in civil law turnover to goods and, accordingly, to the protection of human rights are radically changing. As part of the development of electronic commerce, information has also become a commodity, which causes many different disputes in science. Perhaps this is due to the fact that information is a relatively new object for the science of civil law, compared with objects of law that have been known for more than two thousand years, such as a thing and are considered classical. Information, confidential information (trade secrets and know-how) belong to the so-called objects of law, and civilists, relatively speaking, call them atypical, since they have become known to civil law not so long ago. The development of economic relations, as a rule, requires the development of a new, appropriate array of legal norms, which in the future may form a separate civil law institution that does not contradict the Constitution of the Republic. The purpose of the study is to develop its own conclusions based on a comprehensive civil law analysis of the legal nature of e-commerce relations, its essential features of civil law regulation of relations in the field of e-commerce and information; to provide suggestions and recommendations for improving legislation in this area. In addition, the article pays attention to the protection of the rights of consumers of e-commerce services. When conducting the research, the author was guided by the following methods: general scientific (historical, formal-logical, system-structural, system-comparative, etc.) and special legal (formal-legal, comparative-legal and others). The article substantiates that the evolution of the carrier of the written form does not lead to the emergence of a new form next to the written one: the peculiarity of the very fixation of the will in electronic data transmission means is not only the creation of a text document, but also the possibility of fixing the will with the help of sound, video files, graphic files. The doctrine of civil law has formulated a conceptual approach, according to which the possibility of the emergence and existence of the right of ownership of information is denied. In the civil sense, information as such cannot be exploited as a thing, or used as a result of intellectual, creative activity. The article concludes that the relations of an individual entrepreneur arising from contracts aimed at purchasing, ordering goods (works, services) for the purpose of satisfying personal, family, household, cultural and other personal household needs not related to the implementation of their entrepreneurial activities should be subject to legislation about consumer protection.

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Heading: Law

Attorney-client privilege in criminal proceedings: problems of ensuring and implementing
Annotation:

The bar as an institution of civil society ensures the protection of the rights and freedoms of citizens, guarantees fair justice. A lawyer has long been called a defender – who protects a person, his or her rights and legitimate interests. In the legal system of the Republic of Kazakhstan, attorney-client privilege is considered as a moral and ethical problem at the level of self-governing structures of the bar. The lack of sufficient scientific and theoretical research on the problems of attorney-client privilege, the uncertainty of the status of the bar both in the system of the Institute of defense and justice itself lead to the unsettled legal status of attorney-client privilege, which also determines the relevance of the topic of scientific research. The purpose of the study is a historical and legal analysis of the content of "attorney-client privilege"; identification of gaps in the legal regulation of the concept, content and guarantees of attorney-client privilege, taking into account the provisions of the Constitution of the Republic of Kazakhstan and international legal acts in the field of human rights; identification of ways to solve problematic issues of ensuring attorney-client privilege. The methodological basis is a set of general scientific and philosophical methods that made it possible to disclose the subject of research and achieve the goal. The article substantiates a number of theses: attorney-client secrecy is considered on the basis of quantitative and qualitative methods of law analysis and a broad base of moral, ethical, historical and legal problems of protecting human and civil rights and freedoms; attorney-client secrecy and the problems of advocacy are considered in the system of social and, in particular, legal institutions as a process of institutionalization in general. In other words, the need for objective knowledge of public relations is actualized, the main element of which is legal relations, and a specific area is secrecy; the system of legal relations that arise in connection with the need to observe attorney-client confidentiality, the system of legal support of attorney-client confidentiality for the successful implementation of their activities by lawyers and to increase confidence in the lawyer in the state is analyzed.

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Heading: Law

Environmental management systems: international models, experience and application in Kazakhstan
Annotation:

Main problem: in Kazakhstan, the Government is reviewing its environmental and health management system to identify opportunities for improvement. Kazakhstan suffers from a high level of emissions into the environment and related health problems of the population. The link between environmental pollution and public health has been established for a long time. In Kazakhstan, air pollution, water pollution and soil and groundwater pollution are the main causes of widespread health problems and diseases, including, but not limited to, lung diseases and certain cancers. Recognizing these problems, the Kazakh Government is trying to strengthen environmental protection and environmental management system. Purpose: the purpose of the study was to analyze international models, practices, application of management systems for the legal protection of the environment and the health of citizens with application in Kazakhstan. Methods: the article discusses and explores a number of principles and methods of environmental management. Since these principles and practices contribute to the establishment of rational and effective environmental policy and management, it is proposed to take them into account when rethinking the current system in Kazakhstan. The article analyzes models and methods of legal protection of the environment and response to damage to the health of citizens, these tools can be part of an integrated system. Results and their significance: based on the study, it was found that in order for environmental management to reach its full potential, Kazakhstan also needs to undertake political reforms and involve ordinary citizens in the formation of policies and protection mechanisms. The studied strategies for collecting and taking into account the opinions of people when making managerial decisions on environmental protection can be used in Kazakhstani society.

Year of release: 2023
Number of the journal: 3(91)

The role and place of local self-government in modern society
Annotation:

Main problem: local self-government bodies are an integral mechanism of the foundation of a democratic state. In the modern system of public relations, one of the most important places is occupied by general economic relations, namely local self-government. Without a developed system of local self-government, legislative and real opportunities, it is very difficult to independently create market-democratic structures to solve economic, social, domestic, cultural and other issues at the local level. Local self-government bodies are a special level of government, which combines two principles: public and state. In the practice of Constitutional and administrative law, it is important to determine the place and nature of local self-government and to establish balanced relations between State authorities and self-government bodies, on the one hand, with local representative offices and structures. Purpose: to study the role and place of local self-government in modern society, to develop practical recommendations on the formation and prospects for the development of local authorities in Kazakhstan. Methods: when writing an article, the following methods are used: description, analysis and synthesis, justification, logical modeling, system analysis, etc. When studying the formation of local self-government, as well as the functional management system, the method of structural and analytical analysis was used. The results and their significance: the conclusions and recommendations obtained as a result of the conducted research can be used: in the practical activities of maslikhats and akimats of the Republic of Kazakhstan, civil servants; in the process of studying at courses in higher educational institutions, as well as for further general theoretical and applied research.

Year of release: 2023
Number of the journal: 3(91)

Universal coordinates and methods of reformatting an ambiguous humanitarian paradigm
Annotation:

The main problem: In the conditions of market uncertainty, the coronavirus pandemic, the absence of an officially articulated national idea, national interests and ideology in Kazakhstan, the problem of the lack of logically justified and coordinated coordinates of systemic thinking, an unambiguous paradigm of humanitarian thinking (analytical, pedagogical, managerial, economic, etc.) is becoming more and more clearly realized. as the most important conditions for personal, civil and professional self-determination. Purpose: to substantiate the general logical coordinates and methods of reformatting the ambiguous humanitarian paradigm used in the activity. Methods: the ontological principle of genetically meaningful logic, the method of transformation of concrete images of objects based on their abstract essence, the method of ascent from the abstract to the concrete, the speculative language of schematic images of thought and the language of methodological theory of activity. The results and their significance: logically justified universal abstract-concrete coordinates of universal motion are given. In relation to life and the world of activity, they can be concretized by coordinates: "standard of living – efficiency of activity", or "efficiency of activity – time", or "results – costs", or "quality – quantity", etc. The use of motion vectors in the logic of descent from the concrete to the abstract (NCA), ascent from the abstract to the concrete (AAC), as well as in their combination – logic CAC gives certainty to thinking. As an example, the scheme of the qualitative difference between educational (pre-professional) activities from professional ones using these methods and paired dialectical categories is given. The scheme and description of the functional model of the system object, considered as a rubicon of the transformation of educational activity into professional activity, are given. To reformat the indefinite, ambiguous paradigms of the humanities used in the activity into functional-logical, visible, constructive and unambiguous, it is recommended to use abstract-concrete coordinates, the methods given, the language of schematic images and the paradigm of the methodological theory of activity. As an example, the concept of a typical unit of activity development is given. A visible unambiguous paradigm is a necessary, but not sufficient prerequisite for adequate personal, civil and professional self-determination of a person in situations of high uncertainty. A sufficient prerequisite is the acquisition by subjects of appropriate reflexive-thinking abilities for self-determination, self-organization, self-regulation, etc.

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Criminal Legal Characteristics of Subjects of Crimes Against Morality
Annotation:

The main problem is the relevance of the research topic. The history of the development of civilization shows that law and morality as components of the spiritual culture of society are organically linked to each other. The legal system of any state enshrines the moral requirements and moral principles that are vital for the whole society. When creating norms or improving them, the legislator must take into account the state of the public moral culture of the population so that the laws being developed are fair and perceived by members of society. Purpose: The purpose of the study is the further theoretical development of a set of criminal law issues related to determining the place of morality in the system of objects of criminal law protection, their role in the system of measures to combat crime, as well as the development on this basis of proposals and recommendations for improving criminal legislation regulating liability for attacks on public morality. Methods: Methodology and methodology of the study. The methodological basis of the study was made up of: generally recognized methods of scientific research of the phenomena of reality in their interrelation and interdependence both at the theoretical level (systemic, comparative legal, formal legal, historical methods of analysis, etc.) and at the empirical level (statistical analysis, questionnaires, research of documents, printed publications); the main provisions of the theory of criminal law, ethics, philosophy, psychology; rules of formal logic. The results and their significance: The stated circumstances, as well as the lack of elaboration and discussion of most of the provisions related to the modern legal regulation of crimes against public morality and their qualifications, determined the choice of the research topic. Crimes against morality are mostly committed intentionally. For example, involvement in prostitution, the organization of brothels for prostitution or maintenance, as well as other types of criminal acts directed against humanity (morality), are committed with direct intent. A person who organizes and maintains brothels for prostitution is aware that he is doing this for profit. Among the crimes committed against humanity (morality), animal abuse is committed mainly out of hooligan motives.

Author: S.T. Iksatova
Year of release: 2024
Number of the journal: 1(93)
Heading: Law