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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.
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Heading: Law

Attorney-client privilege in criminal proceedings: problems of ensuring and implementing
Annotation: The bar as an institution of civil society ensures the protection of the rights and freedoms of citizens, guarantees fair justice. A lawyer has long been called a defender – who protects a person, his or her rights and legitimate interests. In the legal system of the Republic of Kazakhstan, attorney-client privilege is considered as a moral and ethical problem at the level of self-governing structures of the bar. The lack of sufficient scientific and theoretical research on the problems of attorney-client privilege, the uncertainty of the status of the bar both in the system of the Institute of defense and justice itself lead to the unsettled legal status of attorney-client privilege, which also determines the relevance of the topic of scientific research. The purpose of the study is a historical and legal analysis of the content of "attorney-client privilege"; identification of gaps in the legal regulation of the concept, content and guarantees of attorney-client privilege, taking into account the provisions of the Constitution of the Republic of Kazakhstan and international legal acts in the field of human rights; identification of ways to solve problematic issues of ensuring attorney-client privilege. The methodological basis is a set of general scientific and philosophical methods that made it possible to disclose the subject of research and achieve the goal. The article substantiates a number of theses: attorney-client secrecy is considered on the basis of quantitative and qualitative methods of law analysis and a broad base of moral, ethical, historical and legal problems of protecting human and civil rights and freedoms; attorney-client secrecy and the problems of advocacy are considered in the system of social and, in particular, legal institutions as a process of institutionalization in general. In other words, the need for objective knowledge of public relations is actualized, the main element of which is legal relations, and a specific area is secrecy; the system of legal relations that arise in connection with the need to observe attorney-client confidentiality, the system of legal support of attorney-client confidentiality for the successful implementation of their activities by lawyers and to increase confidence in the lawyer in the state is analyzed.
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Heading: Law

The development of e-commerce in the information space and the need to protect consumer rights
Annotation: The main thesis of the proposed research is that in modern conditions of globalization and the development of the information society, approaches in civil law turnover to goods and, accordingly, to the protection of human rights are radically changing. As part of the development of electronic commerce, information has also become a commodity, which causes many different disputes in science. Perhaps this is due to the fact that information is a relatively new object for the science of civil law, compared with objects of law that have been known for more than two thousand years, such as a thing and are considered classical. Information, confidential information (trade secrets and know-how) belong to the so-called objects of law, and civilists, relatively speaking, call them atypical, since they have become known to civil law not so long ago. The development of economic relations, as a rule, requires the development of a new, appropriate array of legal norms, which in the future may form a separate civil law institution that does not contradict the Constitution of the Republic. The purpose of the study is to develop its own conclusions based on a comprehensive civil law analysis of the legal nature of e-commerce relations, its essential features of civil law regulation of relations in the field of e-commerce and information; to provide suggestions and recommendations for improving legislation in this area. In addition, the article pays attention to the protection of the rights of consumers of e-commerce services. When conducting the research, the author was guided by the following methods: general scientific (historical, formal-logical, system-structural, system-comparative, etc.) and special legal (formal-legal, comparative-legal and others). The article substantiates that the evolution of the carrier of the written form does not lead to the emergence of a new form next to the written one: the peculiarity of the very fixation of the will in electronic data transmission means is not only the creation of a text document, but also the possibility of fixing the will with the help of sound, video files, graphic files. The doctrine of civil law has formulated a conceptual approach, according to which the possibility of the emergence and existence of the right of ownership of information is denied. In the civil sense, information as such cannot be exploited as a thing, or used as a result of intellectual, creative activity. The article concludes that the relations of an individual entrepreneur arising from contracts aimed at purchasing, ordering goods (works, services) for the purpose of satisfying personal, family, household, cultural and other personal household needs not related to the implementation of their entrepreneurial activities should be subject to legislation about consumer protection.
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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.
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Heading: Law

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.
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Heading: Law

The ways of sustainable development of supporting rural areas
Annotation: Main problem: achievement of socio-economic sustainability in each locality depends on coordinated actions of executive and representative authorities, which should be focused on creating appropriate conditions for ensuring social standards and improving quality of life of rural population, as well as the development of main economic basis – agricultural production. In this context, in today’s reality, the urgent problem of sustainable development of rural settlements is provision of appropriate industrial and social infrastructure, because systemic development of rural regions depends on this rural infrastructure, which acts as an element of territorial socio-economic subsystem. Purpose: identification and studying of key factors that determines and contributes to balanced development of industrial and social infrastructure of rural regions of country in context of sustainable development goals and objectives. According to the results of the study, the main distinctive features of sustainable development of rural areas are determined due to the provision of industrial and social infrastructure of rural regions, which has a correlation with the level and quality of life of the rural population, as well as the final results of agricultural production. Methods: general methodological principles, systematic approach and empirical methods of economic cognition act as methodological basis for implementation of this study: economic and statistical models, forecasting and modeling, methods of induction and deduction, synthesis, and also logical methods. Results and their significance: results of research can be used as a practical basis in activity of local executive bodies and local self-government bodies. Their use is possible for scientific substantiation of development and implementation of comprehensive plans for development of industrial and social infrastructure of rural areas of region within framework of Regional Development Plan, focused on qualitative improvement of economic basis of villages and the well-being of all segments of rural population.
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Analysis of mechanisms of regulation of innovation activity in the system of global competitiveness
Annotation: Main problem: rapidly changing trends in development of economies of countries require a rational approach to state regulation of innovative activity and investments directed to organization of real sector of the economy. At the same time, for analysis of modern state policy in the system of innovative development, it is necessary to assess the effectiveness of state regulation mechanisms of innovative activity in the economy of the Republic of Kazakhstan. Purpose: to assess mechanisms of state regulation of innovative activity in the Republic of Kazakhstan in the global competitiveness system. Methods: synthesis, content analysis, accommodation, monographic method, factor analysis, economic and statistical research method. Results and their significance: the assessment of the mechanisms of state regulation of innovative activity in the Republic of Kazakhstan in the global competitiveness system allowed to fully assessing effectiveness of mechanisms of state regulation of innovative activity in the economy. Examining the sub-indices of international rating of the World Economic Forum for 2021-2022 in relation to 2017-2018, the authors came to conclusion that in Kazakhstan today there is the decrease in all the sub-indices of rating and their factors (“basic requirements” and “business complexity”), with exception of “innovation” sub-index. This sub-index was significantly reduced due to a sharp deterioration in macroeconomic environment, which is directly related, according to the authors, to significant losses in oil export revenues. This, in turn, affected the deterioration of the state budget indicators. The article pays special attention to place and role of state regulation of innovative activity in the socio-economic policy of the country. Organizational and methodological problems in development and implementation of innovative policy in the Republic of Kazakhstan are researched in detail, which makes it necessary to solve them in order to achieve the effectiveness of innovative policy at the regional and national levels.
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Innovative methodological approach to the assessment of the qualification level of business entities
Annotation: In the conditions of the ongoing formation of a country with a market organization of public relations, the search for means and methods of unambiguous assessment of the qualification level of subjects of both educational and professional activities is becoming more and more urgent. The problem is the inconsistency of the paradigm and methods of assessing the knowledge and abilities of subjects. Purpose of the article is to develop proposals and recommendations to overcome difficulties in the development and implementation of the National Qualification System of the Republic of Kazakhstan. The method of content-genetic logic of ascent from the abstract to the concrete, a speculative language of functional and schematic images of thought was used. A comparative analysis was carried out and contradictions were revealed in the approaches to the development of the National Qualification System of the Republic of Kazakhstan of the Ministry of Education and Science of the Republic of Kazakhstan and the Ministry of Labor, Employment and Social Protection of the Population of the Republic of Kazakhstan. Numerous semantic terminological "gluing", incorrect definitions in the developed qualification documents of such keywords as activity, employment, work, labor, profession, position, knowledge, abilities, qualifications, etc. have been established. In order to eliminate the conceptual confusion and ambiguity of the approved normative documents, it is recommended to articulate their names in the same type of task-qualification format. Relevant examples are given. A special role in ensuring a high qualification level of all subjects belongs to teaching staff. Therefore, it is recommended to improve their functional literacy, update the pedagogical paradigm and develop a system for assessing the qualification level of education workers. To ensure the unambiguity, the conceptual status of the terms used in the qualification procedures, it is recommended to use together an innovative method of content-genetic logic and a speculative language of functional schematic images that allow visualizing, checking and correcting the concepts being constructed according to the criteria of morality, logic and consistency. As an example, the scheme of logical derivation and differentiation of the concepts of position, role, profession, specialty, position, as well as a typical unit of professional activity is given.
Author: V.I. Tsoy
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Constructive and Destructive Interference in Two Foreign Languages Learning
Annotation: The topic of learning foreign languages is still urgent; moreover, it is getting more and more significant for a thriving number of teachers, methodologists and philologists. The main issue of these researches is that the results will provide the learners with the most effective and useful strategies and ways for acquiring a foreign language. The article gives the definition of the term interference and identifies its role in foreign languages learning. The key methods used in our article are analysis, synthesis, and comparative analysis. It studies constructive and destructive impact of interference in learning two foreign languages: English and German. There are the examples demonstrating positive and negative effects of one language on the other at the different language levels. The result of the research has both theoretical and practical value as it can be used to make up and implement the programs for learning foreign languages as well as to use them in practical classes.
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The place and role of the teacher in the system of activities
Annotation: The ideas of accelerated disclosure of the spiritual, intellectual and professional potential of a person have always been occupied by scientists and teachers (Ya.A. Komensky, K.D. Ushinsky, V.A. Sukhomlinsky, Ya. Korchak, A.S. Makarenko, A. Kunanbayev, Y. Altynsarin and others). Modern innovative teachers are guided by a personality-oriented approach, the ideas of subject-subject relations, and generational cooperation. Georgian teacher Sh. A. Amonashvili wrote: «humanitarian pedagogy perceives the child by his nature. He sees the infinity of the child, understands his cosmic quality and prepares him for the service of humanity throughout his life. It establishes the personality of the child through the determination of his will and builds pedagogical systems, the procedural of which predetermines love, optimism and high spiritual morality. Humanitarian pedagogical thinking seeks to take on something enormous, and this is the power of educational systems and processes that have arisen in its bowels». In order to realize the value of self-disclosure of innovative abilities of students, ensuring the role of a teacher, it is necessary to recognize the intellectual reflexive mechanism of a person as the main subject of Education. The purpose of the article is to identify innovative methods and models of pedagogical activity for the cultivation of innovative abilities of students, which determine the development of the country. The study used methods such as analysis, generalization, synthesis, modeling of scientific sources.
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