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Search results: voluntary refusal

Number of results: 2


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:
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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