The scientific journal

Bulletin of the Innovative University of Eurasia

Submit an article for review by the editorial board

+7 (7182) 31-64-83

journal@ineu.kz

Back

Search on site

Search results: dialectical principle.

Number of results: 15


Constitutional-legal mechanisms of protection of citizens rights in economy and enterprise
Annotation:

The article analyzes not only the critical foundations of economic interests of the state, but also authorizes the economic security of the state and examines the most important areas of practical activity of the law enforcement agencies of the Republic of Kazakhstan, which provide legal protection of economic interests. The article deals with the issues related to the establishment of the status of law enforcement agencies that carry out the legal protection of the economic interests of the Republic of Kazakhstan. Some existing scientific research does not cover all issues related to the economic security of the Republic of Kazakhstan. The topic that is being explored here is often characterized by novelty, which is definitely actual.

Author: Zh.В. Amanbai
Year of release: 2019
Number of the journal: 4(76)
Heading: Social sciences

Personal data in the Republic of Kazakhstan: problems of ensuring confidentiality in the context of digitalization
Annotation:

This article discusses the issues of ensuring the confidentiality of personal data in the context of the development of the information society. The purpose of the article is to study the problems of ensuring the confidentiality of personal data in the Republic of Kazakhstan in the conditions of digitalization of the economy and society. The methodological basis of this research is based on General scientific methods: philosophical, dialectical, synergetic, inductive, deductive, method of analysis and synthesis, formalization, analogy, materialistic and empirical methods that ensure the integrity and balance of research, as well as a formal legal method that allowed an adequate analysis of the content of the personal data protection system in foreign countries and Kazakhstan. The processes of globalization, information openness and digitalization have set a number of tasks aimed at solving the problems of ensuring information security while maintaining a balance of interests of the individual, society and the state. In this regard, the problems of ensuring the security of personal data turnover on the Internet, today, is relevant for science and law enforcement practice. The current legislation of the Republic of Kazakhstan on personal data does not pay enough attention to issues related to the processing of personal data in information systems. Improving the legislation of the Republic of Kazakhstan in the field of ensuring the security of personal data processing on the Internet is relevant in the framework of implementing the provisions of the Cybersecurity concept («Cyber shield of Kazakhstan»). However, national legislation does not provide specific guarantees against unauthorized collection of personal data. The current legislation of the Republic of Kazakhstan in this sphere of relations contains a number of legislative decisions, but there are legal errors that require timely adjustments, taking into account the borrowing of progressive experience of foreign countries. Special attention in this article is on the study of contemporary threats of violations of personal data, and provided ways to protect them. The authors conclude that, despite the fact that the law of the Republic of Kazakhstan «On personal data and their protection» sets requirements for the procedure for ensuring the confidentiality of personal data, at the same time they are general in nature and need further specification. In addition, there are a number of significant aspects that are directly related to ensuring the confidentiality of personal data, which have not yet received their proper legal regulation.

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:
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

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.

Year of release:
Number of the journal:
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 place of concept «mafhum al-muhalafa» in the methodology of islamic law
Annotation:

The article examines in detail the role of the concept of al-muhalafa in making judgments from religious texts and other legal grounds. In addition, a comparative analysis of the legal and linguistic principles and features of the Hanafi and Mutakallim schools of Islamic law, as well as issues of disagreement between the two movements, will be considered. There is much debate among scholars as to whether Mafhum al-Muqhalafa is accepted as evidence. Even Abdul Aziz Bukhari said: "This issue occupies a large place in the science of jurisprudence," he said. That is, below we answer the question of how much influence the evidence from this principle has on the verdict and whether these sentences are legitimate. The principle of Mafhum al-Mukhalafa is not accepted as evidence in the Hanafi Madhhab, and the ruling resulting from it is invalid. This is because the concept of al-muhalaf is to render a verdict that contradicts the verdict in the text (Amidi), confirming a verdict that is not in the text, that is, according to Abu Hanifa, the verdict in the text and the verdict that does not appear in the text are not equal. However, in schools other than Hanafi schools, this principle fully applies. The authors used the method of comparative analysis of the Quran and the Sunnah of the Prophet, which are the basis of Islam, to prove your point Some scholars of the Hanafi Madhhab do not completely refute this principle. It is unacceptable to judge by this principle only by Sharia texts, but in everyday life, in communication with people, the concept of al-muhalaf is accepted as proof. Ibn al-Humam reports that the Hanafis do not recognize the concept of al-muhalyaf as proof only in Sharia texts. Therefore, scientists are divided into two main groups regarding the application of this principle as evidence, and each group has its own strong arguments, which are discussed in detail in the second part of the article.

Year of release: 2022
Number of the journal: 1(85)

The role of the tax passport in assessing the tax potential of the region
Annotation:

The tax system, as an integral area of the economic direction of state policy, urgently requires such construction and development that will be directly related to those main vectors of the state policy of socio-economic development, which will help ensure a sufficient amount of tax revenues to the budgets of different levels. In many countries around the world, the COVID-19 pandemic has led to a significant deterioration in the state of public finances. Containment measures, increased government spending, and reduced tax revenues have led to an increase in the budget deficit and public debt, which as a percentage of GDP has reached its highest level in several decades. Restoring public finances is a priority for all countries for many years to come. At present, in the Republic of Kazakhstan, it became necessary to develop a single document, the basis of which should be a system of indicators that determine the trends in the development of the macroeconomic situation in the region, as well as the influence of sectoral and regional factors of the current structure of financial flows on the state of the tax base and the prospects for its development. Purpose of the article is a substantiation of the role of the tax passport in assessing the tax potential of the region in modern conditions. The tax passport of the region should be considered as a document that allows assessing the existing tax base of the region, the level of the tax burden in the context of certain types of taxes in dynamics, by industry, as well as developing a forecast for the receipt of taxes and fees for the future, both under the current legislation and taking into account its possible change. When writing the article, the dialectical method of cognition, the methods of scientific generalization and classification, the method of systemic and comparative analysis were used. The introduction of tax passports will mean the beginning of a qualitatively new system of tax collection, corresponding to market conditions and the scale of the revival of the economy, that will contribute to a change in the tasks of the tax service (there is a need to predict the volume of tax revenues in the medium term, develop new concepts in the field of taxation that contribute to the development of business without prejudice social programs, substantiation of tax programs to ensure protectionist policy in the field of foreign economic activity).

Year of release: 2022
Number of the journal: 1(85)

Foreign experience in the provision of social services
Annotation:

In the implementation of social policy, the most common practice in foreign countries is the payment of a part of the cost of the service by the recipients of social services. However, this decision raises some doubts. After all, these services are for members of the public who are unable to take care of themselves and generally cannot earn a living. On the other hand, when the state bears the costs, there is a risk of overconsumption. The decision on the extent to which a beneficiary of a social care service should share in the costs of social services depends on a variety of factors: criteria for social justice in the country and perceptions of social justice (for example, public opinion about whether unpaid social care services should be provided to all or only the poor), from a group of people in need of social care (social care services for children from social risk groups, especially for people with severe disabilities, are usually free of charge), from the economic ability of the state to provide free social services, etc. The purpose is to study the positive foreign experience in the provision of social services in modern conditions. Determine the role of the state as the dominant body in the implementation of social policy. The study is based on the principles of a systematic approach. Also, when writing the article, the dialectical method of cognition, the methods of scientific generalization and classification, the method of comparative analysis were used. Systematization and generalization of foreign experience in the provision of social services, taking into account the definition of its main goals and objectives, show that the changes taking place in the field of social protection in developed countries over the past two decades already indicate that the model of organizing social assistance, based on the dominance of market relations, operates in many countries. Under the hierarchical model, the organization of social services is based on a vertical division of responsibility and state functions, and the state has a monopoly on providing social care services and funding state or non-state care institutions. However, in recent decades, social assistance services have already been purchased from market participants and funded not by the state, but by the person in need of social assistance. However, such a market is not pure, since the state is involved in both the purchase and pricing of the service.

Year of release: 2022
Number of the journal: 1(85)

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.

Year of release:
Number of the journal:
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.

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

Measures to improve the effectiveness of labor legislation in the aspect of labor rights protection
Annotation:

This study examines the problematic issues of improving labor legislation. At the present stage of development of market transformations in the Republic of Kazakhstan, as well as taking into account the entry of the Republic of Kazakhstan into the Eurasian Economic Union, the problems of reforming labor legislation are of crucial importance. This necessitated the emergence of new views on the legal regulation of public relations in the field of the realization of the right to work. In this regard, it becomes urgent to rethink many fundamental provisions of labor law, and among them, not the last place is occupied by the problems of improving labor legislation in various areas of labor relations in a market economy. At the present stage of development of the Republic of Kazakhstan, labor legislation should guarantee the implementation of a wide range of not only labor, but also other socio-economic and personal rights and freedoms. Despite the relative research, the study of issues of further improvement of labor legislation does not lose its relevance, taking into account the fact that both the legislation of the Republic of Kazakhstan in general and labor legislation in particular are constantly developing and need further development and improvement. The purpose of the study is a comprehensive study of the current state of the labor legislation of the Republic of Kazakhstan and the definition of the main directions of its improvement in the light of the protection of labor rights. The methodological basis of the research is based on modern methods of cognition: dialectical, formally logical, historical, comparative legal, analytical-synthetic, system-structural, logical-legal. The article substantiates the need for new theoretical and methodological approaches to the consideration of the main directions of improving the labor legislation of the Republic of Kazakhstan, in connection with which, there is an urgent need to study labor legislation, which is designed to ensure the labor rights of man and citizen, from the perspective of its further improvement. The concept of improving labor legislation is defined, which refers to the activities of the competent authorities of the state to support its qualitative state in accordance with the needs of the development of labor and closely related relations, which is aimed at ensuring the effectiveness of legal regulation of these relations.

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

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.

Year of release:
Number of the journal:

Digitalization of accounting and its impact on the activities of small and medium-sized businesses
Annotation:

Main problem: For several years, the state has been trying to reduce bureaucratic processes with entrepreneurs, make accounting transparent, reliable and with less labor costs. At the moment, without digitalization in accounting, it is impossible to predict the further development of trade and economic relations in general, since it significantly affects the sale, movement and shipment of goods. The gradual transition of the economy of the Republic of Kazakhstan to the path of digitalization can be considered the most important condition for the development of both the country’s economy and the Eurasian Economic Union. Digital inspection is the process of monitoring goods using digital systems, which helps reduce the risk of human error. In the context of digitalization, work with documentation should be structured in such a way that access to them is ensured throughout the entire limitation period, thereby facilitating the taxpayer in making the right economic decisions. The purpose of this article is to consider the gradual integration of digitalization into the field of accounting for both small and medium-sized businesses, and also to consider its impact on the business processes of organizations. The main objective of the article is to consider the introduction of digitalization into business processes and possible problems during its integration, as well as to identify ways to eliminate them without losses for both the state and small and medium-sized businesses. Methods: In the course of writing this article, a dialectical approach was mainly used, which made it possible to examine in detail the process of reflecting and controlling document flow when moving goods in the context of digitalization. Approaching the issue theoretically and summarizing practical experience, it was possible to identify the positive and negative aspects of accounting and control of the movement of goods on the territory of the Republic of Kazakhstan and beyond its borders in the conditions of rapidly developing digitalization. Results and their significance: This article reflects the main directions of modernization of accounting and operational accounting in Kazakhstan in the context of the progressive digitalization of the economy. The necessity of creating an information environment for managing economic processes and optimizing the operational activities of an enterprise is substantiated, and the positive and negative aspects of the integration of various information systems and modules for maintaining accounting and operational records at an enterprise are considered

Year of release:
Number of the journal: