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Law


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

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

Human trafficking with the purpose of labour exploitation and illegal labour migration in the Eurasian Economic Union countries: problem statement
Annotation: Annotation. The research topic is directly connected with the solution of the nationwide issues of the social and labor policy of the Republic of Kazakhstan, based on the globalization and regional processes in the world, the experience of its implementation in the regions and, first of all, in the Eurasian Economic Union member-states. Another important factor is the comparative consideration of social policy and labor potential of Kazakhstan, Russia, Belarus, Armenia, Kyrgyzstan taking into account national and common interests. At the present stage, the issues of illegal labor migration and human trafficking in our country are given special attention. The main aim of the research is developing recommendations and proposals, aimed at further progress of the legal framework for cooperation in the social and labor sphere and the social protection of labor rights as a promising area of legal science and as an important line of social and integration policy. The research also aims at the research and examination of human trafficking and labor migration as a social phenomenon in the EAEU countries, the study of methods and techniques of combating it, and the development of recommendations for improving legislation and strategies to counteract this social phenomenon.
Year of release: 2020
Number of the journal: 2(78)
Heading: Law

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

New format of relations in public procurement of the Republic of Kazakhstan in connection with the pandemic COVID-19
Annotation: In this article, the author examines the problems of legal regulation of public procurement in a state of emergency and quarantine measures. The purpose of this article is to study the changes that have appeared in the legislation of the Republic of Kazakhstan in connection with the introduction of the state of emergency and quarantine in the country. The author provides a legal assessment and analyzes the new norms of Kazakhstani legislation regulating public relations in the field of organizing public procurement. The closure of state borders, the violation of the usual, accumulated over the years, economic ties led to disruptions in the economic activities of state bodies. With all the disadvantages that took place, the positive factor was that the demand for the goods of Kazakhstani producers on the market increased. The introduced new method of public procurement using framework agreements made it possible, in turn, to ensure the guaranteed sale of products of Kazakhstani commodity producers, and also made it possible to apply import substitution of frequently purchased goods. In this article, the author, on the basis of a study of the current practice in this area, demonstrates the features of legal regulation of the sphere of public procurement in completely social new conditions with the help of novelties in legislation, and also reveals the features of the operation of legal norms regulating the sphere of public procurement of goods, works and services in conditions of a state of emergency and quarantine measures. The adoption of special measures by the Government of the Republic of Kazakhstan made it possible to transfer financial and economic relations in the state to a new format – "customer-supplier". The measures taken by the government have now been extended until the end of 2020. These measures on the part of the Government of the Republic of Kazakhstan made it possible to introduce a sparing legal regime for regulating this area for representatives of medium and small businesses, in order to minimize the losses of the latter arising against the background of the introduction of a state of emergency and quarantine measures. Taking into account the analysis of judicial practice in the consideration of cases on public procurement, the author emphasizes that in conditions of quarantine measures in Kazakhstan, as a rule, there are violations of the same type, both on the part of customers and on the part of suppliers.
Year of release: 2020
Number of the journal: 3(79)
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

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

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: 2020
Number of the journal: 4(80)
Heading: Law