The scientific journal

Bulletin of the Innovative University of Eurasia

Submit an article for review by the editorial board

+7 (7182) 31-64-83

journal@ineu.kz

Back

Search on site

Search results: Constitution

Number of results: 13


Constitutional-legal mechanisms of protection of citizens rights in economy and enterprise
Annotation:

The article analyzes not only the critical foundations of economic interests of the state, but also authorizes the economic security of the state and examines the most important areas of practical activity of the law enforcement agencies of the Republic of Kazakhstan, which provide legal protection of economic interests. The article deals with the issues related to the establishment of the status of law enforcement agencies that carry out the legal protection of the economic interests of the Republic of Kazakhstan. Some existing scientific research does not cover all issues related to the economic security of the Republic of Kazakhstan. The topic that is being explored here is often characterized by novelty, which is definitely actual.

Author: Zh.В. Amanbai
Year of release: 2019
Number of the journal: 4(76)
Heading: Social sciences

On the question of understanding the rule of law in a country with the rule of law
Annotation:

In the present article the understanding of the lawfulness in a legal state isconsidered . In particular, the author notes that legality is the main principle of the rule of law. In addition, it is noted that the precise implementation of democratic laws entails the implementation of other legally enshrined principles, such as: separation of powers, democracy, sovereignty of the people, recognition and guarantee of human rights, etc. The author concludes that at present, the idea of a legal state, as applied to the Republic of Kazakhstan, is in the phase of its implementation.

Author: B.M. Pakirdinov
Year of release:
Number of the journal:
Heading: Social sciences

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

On the issue of the scope of application of labor legislation in the Republic of Kazakhstan
Annotation:

In this article, the authors consider the features of the scope of application of labor legislation. The authors note that the extent to which the norms of labor legislation apply to different types of labor relations varies. In this connection, the question of the scope of labor legislation, as well as the limits of its use in the settlement of labor relations of various categories of citizens, becomes relevant. The purpose of this article is to address issues related to the scope of application of labor legislation. In this study, the methods generally accepted in the legal science and the science of labor law is used. Thus, such general scientific methods as dialectical, system-structural, historical methods, as well as the method of comparative analysis were used. Among the special legal methods used, it is necessary to distinguish the formal legal method of scientific knowledge. The scope of the labor legislation is, first of all, the circle of public relations, a certain territory, as well as the circle of subjects to which its norms apply. The Labor Code cannot regulate all relations concerning the exercise of the right to work. This is the sphere of regulation of the Constitution of the Republic of Kazakhstan. Labor legislation can regulate only those relations concerning the exercise of the right to work that arise on the basis of an employment contract. The authors come to the conclusion that labor legislation regulates not only labor relations, which are the subject of labor law. It also regulates certain other types of employment relations in cases where this is expressly provided for by law. At the same time, it should be noted that the labor legislation applies to other types of labor relations only within the limits defined by a special law. Labor legislation does not apply in cases where the work is performed by an individual – a business entity independently or the work is performed by members of a personal peasant farm in this farm, as well as in cases where an individual performs the duties of a member of the supervisory board of a joint-stock company, the executive body of a business company, or other relevant management bodies of legal entities; if these duties are performed on other grounds than an employment contract, and if an individual performs the duties under a civil contract providing for the performance of certain work in favor of the other party to the contract.

Year of release:
Number of the journal:
Heading: Law

Constitutional Council of the Republic of Kazakhstan and other state authorities: problematic aspects of interaction
Annotation:

In the Republic of Kazakhstan a market economy, a democratic political system and a free civil society based on ideological, social and political pluralism are developing. This contributes to the development of constitutional norms and the diversity of new legal institutions that ensure the supremacy of the Constitution. These include the constitutional Council. In 2020, it's been twenty-five years from the date of adoption of the Constitution of the Republic of Kazakhstan and the creation of the constitutional Council of the Republic of Kazakhstan, ensuring the supremacy of the Constitution throughout the territory of the Republic. The constitutional Council of the Republic of Kazakhstan is not part of any of the three branches of government and is subject only to the Constitution of the Republic of Kazakhstan and the law. The purpose of this article is a comprehensive analysis of theoretical and practical issues of interaction between the constitutional Council of the Republic of Kazakhstan and other institutions of state power. In this regard, the article contains the results of the analysis of the foundations of the constitutional system of the Republic; constitutional supervision of the prosecutor's office; the institution, functions and instruments of power of the President, mechanisms of interaction of the Constitutional Council as a constitutional supervisory body with the President of the Republic of Kazakhstan, the Parliament of the Republic of Kazakhstan and the Government of the Republic of Kazakhstan. A comprehensive study of the activities of the constitutional Council of the Republic of Kazakhstan on the constitutionalization of current legislation is one of the current theoretical and practical problems. It is determined by the scale and quality of the current legislation adopted during the period of fundamental social reforms, the need to «correct» and improve it. In this regard, a significant role is assigned to the Constitutional Council, whose activities are subject to scientific analysis and reflection. In addition, the authors studied and revealed the line of interaction of the constitutional Council and other government institutions are considered in the areas of initiation of constitutional proceedings in the Council, organisational, legal, information procedures, determine the composition of the constitutional Council, overcoming the objections of the President to the constitutional Council's decision. The institutional method used in the article made it possible to show the essence and significance of the constitutional Council in the system of state authorities

Year of release: 2020
Number of the journal: 2(78)
Heading: Law

The role and place of local self-government in modern society
Annotation:

Local self-government bodies are an integral mechanism of the foundation of a democratic state. In the modern system of public relations, one of the most important places is occupied by general economic relations, namely local self-government. Without a developed system of local self-government, legislative and real opportunities, it is very difficult to independently create market-democratic structures to solve economic, social, domestic, cultural and other issues at the local level. Local self-government bodies are a special level of government, which combines two principles: public and state. In the practice of Constitutional and administrative law, it is important to determine the place and nature of local self-government and to establish balanced relations between State authorities and self-government bodies, on the one hand, with local representative offices and structures. The purpose of the article isto study the role and place of local self-government in modern society, to develop practical recommendations on the formation and prospects for the development of local authorities in Kazakhstan. When writing an article, the following methods are used: description, analysis and synthesis, justification, logical modeling, system analysis, etc. When studying the formation of local self-government, as well as the functional management system, the method of structural and analytical analysis was used. The conclusions and recommendations obtained as a result of the conducted research can be used: in the practical activities of maslikhats and akimats of the Republic of Kazakhstan, civil servants; in the process of studying at courses in higher educational institutions, as well as for further general theoretical and applied research.

Year of release: 2022
Number of the journal: 2(86)

From the history of public administration in Kazakhstan during the period of "war communism"
Annotation:

The article examines the emergence and functioning of the Soviet institutions of power in Kazakhstan during the period of "war communism". On the basis of archival materials and published works, the author analyzes the activities of Soviets and revolutionary committees. The purpose of the article is to study the main trends and features of the development of local government in Kazakhstan in 1918-1921. The study is based on the principles of historical, scientific objectivity and systemic structural-functional analysis. For this reason, the author used such methods as the method of historical reconstruction for the reorganization of the administration of Soviet, party and other local bodies; the method of isolation for the study of local (regional) features in relation to local phenomena and processes in the energy sector; the method of typology, which made it possible to identify and describe different types of local authorities. The authors come to the conclusion that in 1918-1921, during the period of civil resistance, "war communism" and the beginning of the Chamber of Commerce and Industry, bodies of the new Soviet power appeared and operated in Kazakhstan. They are characterized as having an anti-democratic character; strict social orientation; alienation of indigenous peoples; immanent nature for creating conflict situations; choosing non-optimal ways and means of solving a problem situation; unification of party and state. As a result, an overgrown and clumsy class of party classification was formed, which was not provided for by the Constitution of the USSR.

Year of release: 2022
Number of the journal: 4(88)
Heading: Humanities

The right to education as a component of the effective development of legal culture
Annotation:

The main thesis of the proposed research is that in modern conditions of globalization, the realization of the right of citizens to education is an important and necessary condition for the development of society and the state. The right to education provides everyone with knowledge, skills, the development of creative abilities, guarantees the effective functioning of state and public institutions, national security, maintains stability in society and contributes to the development of a democratic, social rule of law state. The purpose of the study is to develop a holistic concept of constitutional and legal provision of the right to education in the Republic of Kazakhstan, taking into account international experience and developing proposals for improving domestic legislation regulating the right to education. The methodological basis is a system of philosophical and ideological approaches, principles, general scientific and special scientific methods that provided an objective analysis of the subject of research. The article substantiates that the state is also interested in ensuring the right to education for everyone, since it is education that creates qualified labor potential, provides training for professional specialists capable of effectively managing public affairs and performing its tasks. In turn, as a rule, an increase in the educational and qualification level of a person is the basis for salary growth, which affects the increase in tax deductions to the state budget, its filling, and therefore leads to economic growth of the state and society as a whole. The effective functioning of the education system in the state contributes to reducing unemployment (pupils, students belong to the category of the employed population), ensuring the vital activity of state institutions, national security, building a social state and establishing stability in society. Special attention in this article is paid to the implementation of scientific analysis of the right to education in the Republic of Kazakhstan in the context of modern international experience. The article makes a number of new theoretical conclusions and proposals, in particular: the signs of the right to education are classified into general (inherent in all categories of human and civil rights) and special (reveal the peculiarity of the right to education in the system of constitutional rights); the concept and content of the principles of the right to education are defined, what are the fundamental principles, ideas that determine its essence and the general direction of development.

Year of release:
Number of the journal:
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.

Year of release:
Number of the journal:
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.

Year of release:
Number of the journal:
Heading: Law

The role and place of local self-government in modern society
Annotation:

Main problem: local self-government bodies are an integral mechanism of the foundation of a democratic state. In the modern system of public relations, one of the most important places is occupied by general economic relations, namely local self-government. Without a developed system of local self-government, legislative and real opportunities, it is very difficult to independently create market-democratic structures to solve economic, social, domestic, cultural and other issues at the local level. Local self-government bodies are a special level of government, which combines two principles: public and state. In the practice of Constitutional and administrative law, it is important to determine the place and nature of local self-government and to establish balanced relations between State authorities and self-government bodies, on the one hand, with local representative offices and structures. Purpose: to study the role and place of local self-government in modern society, to develop practical recommendations on the formation and prospects for the development of local authorities in Kazakhstan. Methods: when writing an article, the following methods are used: description, analysis and synthesis, justification, logical modeling, system analysis, etc. When studying the formation of local self-government, as well as the functional management system, the method of structural and analytical analysis was used. The results and their significance: the conclusions and recommendations obtained as a result of the conducted research can be used: in the practical activities of maslikhats and akimats of the Republic of Kazakhstan, civil servants; in the process of studying at courses in higher educational institutions, as well as for further general theoretical and applied research.

Year of release: 2023
Number of the journal: 3(91)

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

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