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Search results: illegal migration

Number of results: 10


Significancy of diaspores and their influence on socio-economic and political processes in the modern world
Annotation:

In the presented article, diaspores formation, their significancy and influence on socio-economic, political processes as well as growing role and significancy of diaspores in the modern world are examined; their influence on national-territorial and state formation is considered.

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Heading: Social sciences

Social issues of migrants in Tyumen region: sociological measuring
Annotation:

In the article it is presented the results of the secondary analysis of public opinion research results on social issues of migrants from Central Asia countries based on a questionnaire survey of 1200 respondents living in Tyumen region as well as answers of experts. The statistical data are analysed characterizing the processes of arrival and departure of foreign citizens as well as crime level of immigrants from abroad. The results of public opinion allowed to make a conclusion that the situation in the sphere of labour migration is more favourable than statistics surveys of public opinion againstconcerning migrants in Russia as a whole.

Author: N.G. Hayrulina
Year of release:
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Heading: Social sciences

Features governance of the social sphere of the Pavlodar region
Annotation:

This paper evaluated the governance of the social sphere of the Pavlodar region. Based on the analysis of the main social indicators, identified the strengths and weaknesses of the region in this area, as well as identify opportunities and threats that affect the development of the region as a whole. In a changing social and economic relations, the issues related management and development of a regional social complex. Their decision depends not only on the success of social reform, but also the normalization of the socio-political situation in Kazakhstan.

Year of release: 2015
Number of the journal: 3(59)

Migration processes and their impact on social and economic development of region
Annotation:

In this article, the migration processes and their influence on socio-economic development of the Pavlodar region are considered. The concept of migrations, factors and types of migration are highlighted.. The demographic cases in the region are studied for research of migration processes and their influence on socialand- economic development of the Pavlodar region. Impact of migration on social-and-economic development of the country can be both positive and negative. The account of these factors is important for adjusting of migration processes and optimal policymaking in this sphere.

Author: Zh. Akhmetov
Year of release: 2016
Number of the journal: 2(62)

The importance of diasporas and their influence on socio-economic and political processes in the modern world
Annotation:

In the present article forming of diasporas, their importance and influence on socioeconomic, political processes, and also growing role and importance of diasporas in the modern world, influence of them on national-territorial and state entities is considered.

Year of release: 2017
Number of the journal: 3(67)

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

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

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.

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Heading: Law

Labour migration and forced labour in the context of economic integration: new challenges and realities: statement of the problem Annotation
Annotation:

Annotation Main problem:The main idea of this study is the development of proposals for improving the legislation of the Republic of Kazakhstan, as well as the regulatory framework of the Eurasian Economic Union, taking into account the experience of the EuropeanUnion countries (as the largest integration association), towards the further development of the legal framework for cooperation in the social-labor sphere, as well as improving the integration and migration policy of the Eurasian Economic Union countries in general, and the Republic of Kazakhstan, in particular. In addition, this study intends to develop practical recommendations aimed at improving the activities of the law enforcement agencies of the Republic of Kazakhstan, as well as the EAEU countries, in the field of combating illegal migration and forced labor on the territory of this integration association. Moreover, this project suggests the legal promotion of the results obtained, both on the territory of the EAEU and beyond. Purpose: The aim of the study. To develop proposals for improving the legislation of the Republic of Kazakhstan and the EAEU countries in the field of legal regulation of labour migration and counteracting its negative consequences such as illegal migration, forced labour in the territory of this integration association. Methods: The methodological basis of the study is made up of traditional general scientific and special legal methods used in comparative jurisprudence: system-structural, historical-legal, social-legal and comparative-legal. Results and their significance:All of the above testifies to the relevance and necessity of research in the framework of this study, since its implementation, taking into account the expected results, will further improve the regulatory framework in the field of combating illegal migration, human trafficking and other illegal manifestations resulting from insufficient regulation of the labour migration sphere.

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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