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Bulletin of the Innovative University of Eurasia

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Tactics of Defense Attorney Participation in the Conduct of Investigative Actions under the Legislation of the Republic of Kazakhstan
Annotation: The article examines the tactics of the defense attorney’s participation in investigative actions within the criminal procedure of the Republic of Kazakhstan. It analyzes the organizational and legal aspects of the defender’s role, the specifics of interaction with pre-trial investigation bodies, and preparation for procedural actions such as interrogations and confrontations. Special attention is paid to the attorney’s responsibilities in ensuring procedural guarantees for suspects and defendants, documenting violations, monitoring the objectivity of evidence collection, and working with official records. The author highlights that tactical decisions made by the defense attorney significantly influence the fairness and effectiveness of the criminal process. The article concludes that an active and professional defense strategy at the pre-trial stage is essential for safeguarding the constitutional right to legal defense.

Year of release: 2025
Number of the journal: 4(100)
Heading: Law

Comparative legal analysis of the forensic investigation of explosives, explosive devices and traces of their use on the example of the legislation of the Republic of Kazakhstan and the Russian Federation
Annotation: Comparative Legal Analysis of the Forensic Examination of Explosive Substances, Explosive Devices, and Traces of Their Use Based on the Legislation of the Republic of Kazakhstan and the Russian Federation This paper presents a fundamental comparative legal analysis of the theoretical, procedural, and methodological foundations of the forensic examination of explosive substances and explosive devices within the legal systems of the Russian Federation and the Republic of Kazakhstan. The study is based on a detailed examination of criminal legislation, normative resolutions of supreme courts, and departmental instructions of the two states. Particular attention is paid to the divergence of law enforcement practice regarding the qualification of illicit trafficking in improvised explosive devices, the definition of criteria for the «fitness» of objects for explosion, and the delineation of competencies between state and private forensic experts. The paper details the algorithms for appointing and conducting explosive expertise, analyzes typical investigative errors, and proposes ways to unify expert methodologies within the framework of interstate cooperation. The relevance of the study is due to the need to harmonize approaches to combating transnational terrorism and illicit arms trafficking in the Eurasian space.
Year of release: 2025
Number of the journal: 4(100)
Heading: Law

Liability for Environmental Offenses: Analysis and Directions for Strengthening in Kazakhstan
Annotation: Widespread environmental violations and the insufficient effectiveness of existing legal liability mechanisms pose a threat to sustainable natural resource management in the Republic of Kazakhstan. Despite legislative reforms in 2021–2025, which introduced stricter fines and requirements for resource users, a balance between fiscal and compensatory functions of liability remains lacking, and collected penalties are often not directed toward environmental restoration. To conduct a comprehensive analysis of the legal liability framework for environmental violations in the Republic of Kazakhstan, assess the effectiveness of current legal mechanisms, and develop recommendations for their improvement in accordance with international environmental safety standards. The study employs formal-legal, comparative-legal, and systemic methods, as well as analysis of statistical data and judicial practice. Special attention is given to legislative changes in 2021– 2025 and the experience of OECD countries, including the introduction of criminal liability for legal entities. It was established that current legal mechanisms do not fully implement the “polluter pays” principle. Proposed measures to strengthen liability include: introducing criminal liability for legal entities, shifting from purely punitive measures to incentive-based approaches using best available techniques, employing digital monitoring tools to track violations, and legally ensuring that environmental fines are directed to conservation measures. The comprehensive application of these measures will increase the effectiveness of legal liability and improve environmental safety in the country.
Year of release: 2025
Number of the journal: 4(100)
Heading: Law

Forensic Analysis of Explosives and Devices in Kazakhstan and Russia: A Legal Analysis
Annotation: The growing threats associated with terrorism and the illicit trafficking of explosives and explosive devices necessitate effective legal regulation of forensic expert activity and the development of international cooperation, including within the frameworks of the EAEU and the CSTO. Despite a common historical background in the development of forensic science, the legal systems of the Republic of Kazakhstan and the Russian Federation have developed different approaches to the procedural and institutional regulation of explosive technical examination. These differences are manifested in the models of organization of expert institutions, the degree of normative detail, and the scope of procedural guarantees for the parties, which creates obstacles to the mutual recognition of expert conclusions and the conduct of joint investigations in cases involving the use of explosive devices. To conduct a comprehensive comparative legal analysis of the regulatory framework governing the appointment, conduct, and evaluation of explosive technical examination in the Republic of Kazakhstan and the Russian Federation, to identify key similarities and differences, and to determine prospects for the harmonization of legal regulation of forensic expert activity. The study employs comparative legal, formal legal, and systemic methods of analysis. The norms of the criminal procedure legislation of the Republic of Kazakhstan and the Russian Federation, special legislation on forensic expert activity, as well as subordinate regulatory legal acts governing the conduct of explosive technical examination, are analyzed. The study establishes that the Russian model of legal regulation of explosive technical examination is characterized by institutional polycentricity and a framework-based regulatory approach enshrined in the Federal Law “On State Forensic Expert Activity in the Russian Federation,” with the existence of several departmental expert systems (Ministry of Justice, Ministry of Internal Affairs, Federal Security Service). At the same time, the model of the Republic of Kazakhstan tends toward institutional monocentricity and more detailed normative standardization, including through professional standards in the field of explosive technical examination. Significant differences are also identified in the procedural rights of the defense when appointing an examination, with the criminal procedure legislation of the Republic of Kazakhstan providing more pronounced adversarial guarantees. The practical significance of the study lies in the possibility of using the findings to improve national legislation and to develop mechanisms for harmonizing forensic expert activity within the EAEU and the CSTO.
Year of release: 2025
Number of the journal: 4(100)
Heading: Law

International Standards for Providing Legal Assistance by Lawyers
Annotation: The key problem in ensuring compliance with international standards for providing legal assistance by lawyers is the inconsistency of legal regulation and practice across countries, as well as insufficient implementation of international norms into national legal systems. This leads to differences in the level of protection of citizens’ rights, limits access to qualified legal assistance, and complicates lawyers’ ability to fulfill their professional duties. An additional problem is the insufficient preparation of some lawyers to apply international legal standards and the absence of unified mechanisms for monitoring the quality of legal services. The aim of the article is to analyze international standards for providing legal assistance, identify problems in their implementation in national legal systems, and develop recommendations for improving mechanisms to ensure the quality of legal services. Special attention is given to harmonizing national norms with international documents, enhancing professional training of lawyers, and ensuring guarantees of independence in legal practice. The study employs comparative, normative-legal, systemic, and analytical methods, as well as an analysis of international documents (United Nations Basic Principles on the Role of Lawyers, European Charter on the Status of Lawyers, and Council of Europe recommendations). These approaches allow for a comprehensive study of standards and an assessment of their application in different jurisdictions. The analysis identified key problems: the inconsistency of national legislation with international standards, the absence of unified criteria for the quality of legal assistance, insufficient protection of lawyers’ independence, and unequal access of citizens to qualified legal services. It was established that effective implementation of international requirements requires comprehensive measures, including legislative reform, expanded professional training of lawyers, and the creation of mechanisms for independent assessment of legal service quality. Addressing these issues will ensure a uniformly high level of legal assistance, strengthen human rights protection, and increase citizens’ trust in the legal system. Harmonization of international and national standards also contributes to the development of the rule of law and enhances the role of the legal profession in ensuring fair justice.
Year of release: 2025
Number of the journal: 4(100)
Heading: Law

Execution of Criminal Penalties and Issues of Convict Resocialization: Contemporary Challenges in Kazakhstan
Annotation: This scientific and theoretical article presents a comprehensive analysis of the current state of the penal system of the Republic of Kazakhstan in the context of global trends in penitentiary policy. The authors investigate in detail the transformation process of the domestic model of punishment execution from the Soviet paradigm of «correction by labor» to international standards of resocialization and probation. Particular attention is paid to the analysis of the law enforcement practice of the Criminal Executive Code of 2014, the effectiveness of the probation institution, the problems of employment of convicts through the RSE «Enbek» system, as well as issues of medical support following the transfer of functions to the Ministry of Health. Based on extensive empirical material, statistical data, and sociological research, systemic contradictions between legislative goals and actual conditions of serving sentences are identified. Issues of countering prison subculture, preventing religious extremism in places of detention, and the prospects for implementing cell-based detention are considered. The article contains scientifically grounded recommendations for improving legislation and law enforcement practice in order to minimize recidivism.
Year of release: 2025
Number of the journal: 4(100)
Heading: Law