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Search results: criminal offense

Number of results: 16


International cooperation of the Commonwealth of independent States in countering human trafficking: General characteristics and main directions
Annotation:

The purpose of this article is to review the main possible areas of international cooperation of the law enforcement agencies of the Commonwealth of Independent States in combating human trafficking. The authors, based on an analysis of the existing international instruments to combat trafficking in persons, reveal details of the main directions of the international cooperation of the CIS countries’ law enforcement bodies, implemented through: the partial transfer of competence, a joint investigation of criminal cases, as well as the extradition of a person for criminal prosecution.

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

Judicial control over the execution of criminal sentences: state of mind and prospects for improvement
Annotation:

his article discusses the concept, essence and purpose of judicial control over the execution of criminal penalties , as a special type of state control, its independent and important role in public administration among the ways to ensure the rule of law.

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

The structure of the crime as the legal basis for qualification of crimes
Annotation:

The law is applied correctly and in full on the basis of generalization of the criminal offense, its sign leads to the proper qualification of crimes, thuscrimes important and right, from the side of the law, it is precisely the concept of socially dangerous social action that is provided by the choosing the symbols.

Year of release: 2017
Number of the journal: 3(67)
Heading: Social sciences

The causes and conditions of crime in the modern world
Annotation:

The causes and conditions of crime in the modern world. Abstract. The article discusses the causes of crime, describes the main groups of causes of crime. The conditions of crime – related, necessary, sufficient – were revealed through a detailed study of the causes of the emergence of various types of crime. On the example of the activities of the Department of Internal Affairs of the city of Ekibastuz, a number of organizational and practical measures aimed at stabilizing the criminal situation in the Ekibastuz region are identified, and statistical data on the results of these measures are also presented. One of the results of the study of this problem is to increase the professional readiness of all the structures of the law enforcement system, to create the appropriate material and technical conditions for improving the means and methods of preemptive influence on economic crime as the material basis of crime.

Author: Zh.B. Khamitova
Year of release: 2019
Number of the journal: 1(73)
Heading: Social sciences

Assessment of the situation with narcotic and controlled psychotropic substances in the Republic of Kazakhstan
Annotation:

In this article we have studied the actual problems of the Republic of Kazakhstan in the field of legal regulation and counteraction to trafficking and drug addiction. The aim of the study was to study the problems leading to modern drug situation and determine the possibilities of their solution. The annual decrease of the registered acts in this area, at decrease of the solved crimes is established. There is an increase in synthetic drugs among young people, which go through the Internet. The results of counteraction to the fight against drugs were the elimination of organized criminal groups, detection of smuggling and legalization of income from drug trafficking and a set of preventive measures of various directions. It is proposed to continue to improve the legislation to ensure effective social and state control over synthetic and other drugs. To develop a comprehensive program aimed at the prevention of modern forms of drug addiction and the fight

Year of release: 2019
Number of the journal: 4(76)
Heading: Social sciences

Current Issues of Probation Application in the Kyrgyz Republic
Annotation:

In this article, the author explores the current problems of using the probation Institute in the Kyrgyz Republic. The author of the article emphasizes that the activity of the probation service involves close interdepartmental interaction of state bodies, local self-government bodies and local state administrations with penal institutions and probation clients. In addition, the article notes that at the present stage in Kyrgyzstan, the probation Institute is not developed enough in comparison with foreign countries, despite its effectiveness and social demand.

Author: A.K. Ermatova
Year of release:
Number of the journal:
Heading: Social sciences

Criminalistic characteristics of trafficking in minors and substitution of a child
Annotation:

Protection of the rights and legitimate interests of the individual is one of the main activities of the state. And the protection of human rights begins with respect for the rights of the child, who, because of his physical and mental immaturity, needs special care from the state and society. The transition of the Republic of Kazakhstan in the 1990s to a market economy, accompanied by a deep economic crisis, had a negative impact on the traditional spheres of social structure: work, family, education. As a result, at that time Kazakhstan and a number of other CIS countries turned into exporting countries of children, supplying them to foreign countries for adoption by foreign citizens. Numerous facts of adoption of children-citizens of the CIS countries by foreign citizens, which are essentially the sale of minors, often indicate a criminal and mercenary nature on the part of officials of guardianship and other state bodies.

Year of release: 2019
Number of the journal: 3(75)
Heading: Social sciences

The forensic characteristics of criminal offenses
Annotation:

The research explores the scientific approach to the concept and essence of the forensic characteristics of crimes, the concept’s formation history, and also draws attention to the role and place of this scientific category in the theory of modern forensic science. The article emphasizes that the forensic characteristic, which is an independent element of a private forensic methodology for investigating crimes, is one of the basic concepts of forensic theory and practice. The author notes that the phrase “forensic characteristics of crimes” should be understood as an ordinary data system on the elements of certain types of crimes and their mechanisms. Concerning specific crimes, it is necessary to consider the issue of the forensic information system for a specific offence, which is reduced to the subject of the investigation. The article emphasizes the importance of the category of “forensic characteristics of a crime” for countering novel criminal offences, among which the author highlights cybercrime. There is no doubt that this concept of the forensic characteristics of crimes is capable of investigating the main practical goals, including new elements of criminal offences, along with the solution of scientific tasks for the disclosure, investigation and prevention of crimes. As a result, the author concludes that it is precisely the concept of the forensic characteristics of crimes formulated in the article that, along with the solution of scientific tasks for the disclosure, investigation and prevention of crimes, is capable of Вестник Инновационного Евразийского университета. 2020. № 2 ISSN 1729-536X 67 implementing tasks related to the main practical goals of the investigation, including new elements of criminal offences.

Author: A.O. Shakenov
Year of release: 2020
Number of the journal: 2(78)
Heading: Law

Criminal law protection of personal freedom in Kazakhstan: grounds and principles of criminalization of encroachments
Annotation:

In this article, the author examines the grounds and principles of criminalization of encroachments against the personal freedom of a person and a citizen. The purpose of this study is to analyze the legal validity of criminalization of acts that infringe on personal freedom. The article emphasizes that the criminalization of socially dangerous acts taking place in society plays a leading role among the means of influencing crime. In the practice of developing criminal legislation, there are many examples when previously unpunished criminal acts were later recognized as a crime at the legislative level. The methodological basis of the research is based on traditional general scientific and special legal methods: system-structural, historical-legal and comparative-legal. The researcher notes that the need to criminalize crimes against personal freedom is primarily due to the following reasons: a high degree of public danger; negative dynamics of these acts; the existence of conditions for committing these crimes that cannot be eliminated without criminal liability; the need for a criminal law guarantee of protection of constitutional rights and legislative provisions; the existence of international legal obligations of the state to counteract the acts in question. Subsequently, the article makes a reasonable conclusion that in the Republic of Kazakhstan, in fact, there were and is currently objective grounds that prompted the legislator to criminalize attacks on personal freedom. The author refers to the principles of criminalization of acts against personal freedom: legal and criminological (the possibility of influencing socially dangerous acts through criminal law measures; the procedural feasibility of prosecution; the principle of proportionality of sanctions and economy of repression); socio-economic (the significant nature of the material and moral harm caused by the crime; the advantage of positive consequences over negative ones; the availability of material resources for the implementation of the criminal law ban; ); socio-psychological (sufficient level of public legal awareness and psychology; historical traditions). In the article, the author concludes that the Kazakh legislator really had every reason to criminalize acts against personal freedom. At the same time, it is emphasized that despite the relative regularity of criminal law acts that infringe on personal freedom, the legal regulation of criminal liability for them still requires further improvement.

Author: M.S. Akishev
Year of release: 2020
Number of the journal: 3(79)
Heading: Law

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

Initiation of pre-trial investigation in cases of kidnapping: essence and characteristics
Annotation:

In this article, the author examines the features of the pre-trial stage of the investigation in the investigation of kidnapping. The initial stage of the investigation consists of: starting a pre-trial investigation, conducting urgent investigative and procedural actions and attracting a person as a suspect. The initial stage of the investigation of a crime, including kidnapping, is crucial for the implementation of further qualitative and offensive investigation of criminal acts. The purpose of this article is to study the natureand features of the beginning of the pre-trial investigation of kidnapping. In the course of the study, the author used such methods of scientific research as: dialectical, system, method of qualitative and quantitative analysis, generalization and study of literary sources, comparative legal, historical-legal, system-structural and formal-logical methods, as well as the method of system analysis. Activities to identify signs of a crime must be considered through the prism of the beginning of a pretrial investigation. Currently, the beginning of a pre-trial investigation, from the point of view of criminology, refers to very specific types of organizational activities at the initial stage of the investigation of a kidnapping. The detection and investigation of kidnappings is highly complex, requiring law enforcement officials to maintain strict secrecy. If there is a reason provided for by the criminal procedure law to start a pre-trial investigation, the investigator or an employee of the body of inquiry is obliged to establish the presence of sufficient data indicating signs of kidnapping. To do this, it is necessary to carefully study the content of the application, compare the available factual data. The beginning of a pre-trial investigation should not be an end in itself of the activities of the pre-trial investigation bodies. At the same time, their offensive and proactive work on all received facts, information and operational materials is extremely important, because it is the embodiment of the active position of the law enforcement system inthe direction of preventing and suppressing possible illegal encroachments on personal freedom, including the suppression of those criminal actions that are in the stages of their preparation or beginning.

Year of release:
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Heading: Law

Tactical features of the use of special expertise in the investigation of human trafficking
Annotation:

Main problem: This study is devoted to the study of the problems of using special expertise in the investigation of crimes related to human trafficking. The use of specialized expertise is an integral element in the system of investigative actions carried out in cases of human trafficking. In this study, the authors consider the features of the production of forensic examinations in the investigation of crimes related to human trafficking in the Republic of Kazakhstan. In the study, the authors consider the most typical types of forensic examinations that are conducted in criminal cases of human trafficking. Based on the analysis of scientific literature, as well as the survey of practitioners engaged in the fight against human trafficking and the analysis of criminal cases of human trafficking, practical recommendations for criminal prosecution authorities on the most effective conduct of forensic examinations in criminal cases of this category are proposed. The purpose of this study: to study the tactical features of the production of forensic examinations in the investigation of human trafficking, as well as the features of the use of special expertise. Methods: The methodological basis of this study is the dialectical method of cognition of social and legal phenomena, as well as system-structural, comparative-legal, logical-theoretical and private scientific methods of study. To achieve the objectivity of the research results, these methods were applied comprehensively. Results and their significance: The use of forensic expertise in the investigation of human trafficking is essential for the detection and investigation of these crimes. The study notes that the following types of forensic examinations are among the most common in the investigation of this category of criminal cases: medical examination, biological examination, handwriting examination, phonoscopic examination and odorological examination. The subject of the investigation must carefully understand the tactical features of the production of certain forensic examinations. The practical recommendations proposed by the authors of the study on the appointment and production of forensic examinations considered in the study are important for the successful investigation of the facts of human trafficking, but at the same time they have a recommendatory value and can be modified taking into account the specifics of a particular criminal case.

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Heading: Law

Features of voluntary refusal depending on the construction of the corpus delicti
Annotation:

In recent years, the Republic of Kazakhstan has maintained an ambiguous criminal situation, and there is an increase in certain types of crimes, against the background of the overall positive dynamics of decline. Special attention of criminologists has recently been attracted to the study of crimes in the family and household sphere, and crimes committed in the sphere of religious and spiritual relations, since both of these types are showing increasing prevalence. Therefore, considering such an important institution as a «voluntary refusal», it would be advisable to consider them from the perspective of the offenses we have named, especially since countering them is one of the main directions of state criminal policy. In general, the study of the institution of voluntary refusal to commit an offense is based not only on coercive measures, but also on incentive measures, which means the opportunity to correct the behavior of the offender until the end of the illegal act. The purpose of this scientific article is to study the features of voluntary refusal to commit a criminal offense in crimes committed in the sphere of religious, spiritual and family-household relations, taking into account practice and making recommendations for improving regulations of a criminal nature. The leading methodological tools of the scientific article are dialectical, phenomenological, synergetic and systematic approaches of scientific cognition. Before proceeding to the analysis of the concept of voluntary refusal, it should be noted that the norms about it are far from perfect. There is no unambiguous understanding of the signs of voluntary refusal among scientists, which complicates law enforcement practice. One of the most important tasks of any scientific research is the development of scientific concepts. The consolidation of such concepts in legislation is an effective way to establish a uniform understanding of the norms, a clear idea of their content and, as a result, an increase in the effectiveness of the impact of criminal law in the process of legal regulation. However, these concepts themselves do not reflect reality like contemplation or representation, they are closer to the essence of the phenomenon. The article concludes that the essential features of the concept itself somewhat narrow the objective reality. But, at the same time, the correct identification of the main features in the concept is an important task of scientific research.

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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

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

Legal Education Aspects Among the youth in the Republic of Kazakhstan
Annotation:

The main problem: The development of theoretical aspects of legal education, legal awareness. Organizational forms of legal education. Forms and methods of education of legal awareness, legal culture. Features of the formation of legal culture in the modern period. Problems of improving legal culture and legal education. Legal education forms a sense of confidence and independence in the legal sphere among the population of the state, thereby stimulating the legal activity of an individual, which presupposes voluntary, conscious, proactive, socially and morally responsible human behavior. Purpose: The article deals with the legal education of modern youth. The means of forming a legal culture are the promotion of law, the development of legal knowledge among citizens, the practical strengthening of the rule of law, the presence of a strong legal science, the improvement of the system of legal acts, which is achieved due to the presence in the state of a democratic, effective constitution and high legal and technical-legal quality of laws and by-laws. Methods: 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: In this regard, there is a need to create a Republican Center for Legal Education at the Institute of State and Law, which will provide scientific research on the problems of legal education and upbringing, the development of the content and methodology of legal education at all levels of continuing education of students.

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