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Search results: officials

Number of results: 4


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

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

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

Constitutional Status of the Presidents of the Republic of Kazakhstan and the USA
Annotation:

The article provides a comparative legal analysis of the constitutional statuses of the Presidents of the Republic of Kazakhstan (ROK) and the United States. The study was conducted according to the relevant provisions of the Constitution of the studied countries and according to the criteria: form of placement; form of government; presidential elections and powers; censorship established for presidential candidates, etc. The peculiarities of the legal status of the institution of the presidency of these countries were noted, including the following issues: participation in the formation of the upper house of the Parliament, ministries and other government bodies; interaction with the Parliament and judicial branches of the Government; powers in the field of defense and security; international relations; lawmaking, etc. Purpose: to reveal the content of the legal status of the President of the Republic of Kazakhstan, to reveal the doctrinal, specific, normative legal status of the head of state, to analyze the features of the President of the Republic of Kazakhstan, his normative and actual status. The article evaluates the constitutional and legal status of the President of Kazakhstan in relation to the administrative and legal status, analyzes the status positions of the ‘President’ as the head of the state and the highest official performing the functions of public administration in the context of constitutional foundations. Methodology: the methodological basis of the research as well as the work is based on a set of scientific methods of phenomena cognition: comparative Jurisprudence, the method of dogmatic analysis of legal acts, etc., which made it possible to identify the problems of the constitutional and legal status of the President of the Republic of Kazakhstan, to establish the fact of combining elements of the super-presidential form of the government. The results and their significance: therefore, based on the results of a comparison between the presidential institutions of the United States and Kazakhstan, the right to address the Parliament, the participation of the Senate in the appointment, approval, election of officials proposed by the President, the right of veto, the General Command of the Armed Forces, one person cannot be a president for more than two consecutive terms.

Year of release: 2024
Number of the journal: 1(93)
Heading: Law