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: steppe law

Number of results: 46


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

Some aspects of human resources management performance indicators at the enterprise
Annotation:

This article views the theoretical aspects of the evaluation of the forensic and expert activity as well as the analysis of experts’ tasks on the assignments of different law-enforcement authorities and individuals.

Author: S.Sh. Khamzina
Year of release:
Number of the journal:
Heading: Social sciences

Mathematics in architecture or the laws of prospects construction are mathematically true
Annotation:

An interdisciplinary connection in the school learning process is a necessary condition for successful teaching. Properly executed drawing of geometric shapes according to the rules of rectangular projection is one of the solutions of mathematical problems in geometry. Such ways of construction as the replacement of the projection planes, rotation and alignment demonstrate finding out of an actual size of a segment and a plane.

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

Theoretical aspects of the social and psychological health
Annotation:

The paper presents a description of the nature and content of the social psychological health of the family and its main indicators, the basic laws of the development of social psychological health of the family. On the basis of the psychological analysis of the conditions of life and well-being in the basic functions of life are revealed properties, levels of social psychological health of the family. In the above method of diagnosing mental health of the family sets out the scope, procedure diagnostic approaches to the study of her condition, are considered diagnostic problems obtaining psychological information about the family, the practical application of methods of diagnosis of mental health of the family, as well as data processing and interpretation, the formation of the diagnosis and recommendations.

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

Foreign experience of transition to a "green" economy
Annotation:

With the purpose of transition of the world economy to a sustainable growth model, the principles of the "green" economy should be integrated into the currently implemented structural reforms. The four main directions that form the "green" economy are highlighted. Structural reform, which connected with directions, can serve as engines of economic growth. Particular attention in passing to the green economy is given to the formation of modern infrastructure, which has the key to ensuring sustainable development and modernization that is an important element of the structural reforms analyzed here. Worldwide, initiatives are emerging at the national level that show that countries are moving towards a "green" economy at their own pace and in the context of their national development goals and priorities. Most countries in the world have recently stepped up their environmental policies to move away from a traditional model in which environmental protection is considered a burden on the economy, to a model in which ecology is recognized as the engine of development, i.e. to the "green" economy.

Year of release: 2016
Number of the journal: 2(62)

The structure of the crime as the legal basis for qualification of crimes
Annotation:

The law is applied correctly and in full on the basis of generalization of the criminal offense, its sign leads to the proper qualification of crimes, thuscrimes important and right, from the side of the law, it is precisely the concept of socially dangerous social action that is provided by the choosing the symbols.

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

Legal views of the nomads
Annotation:

Annotation. The article discusses the tools for regulating social relations in the Kazakh state, formed by the dominant system of patriarchal-feudal relations from the middle of the 15th century to the beginning of the 17th centuries. Historically, the primary type of legal system in the Kazakh society is associated with the emergence of the Kazakh Khanate.

Author: Zh. Bekturova
Year of release: 2018
Number of the journal: 1(69)
Heading: Humanities

Problems of consideration of civil cases in a special action procedure
Annotation:

The article discusses the procedures and rules for the consideration of civil cases in a special action procedure. Investigated the problems of civil cases in order of chapter 29 of Civil procedural law of the Republic of Kazakhstan. In particular, mandatory compliance by the parties in the case of pre-trial settlement of a dispute. Studying the current legislation, recommendations on its improvement are given.

Author: А.Yu. Rybkina
Year of release: 2018
Number of the journal: 2(70)
Heading: Social sciences

School readiness study
Annotation:

School readiness issues are addressed by educators, psychologists, special education teachers, and physicians. Recently, the law on compulsory school attendance for all children at the age of 6 has been adopted. In this regard, there arises the question whether six-year-old children are ready for school. Will they be able to meet the requirements of school educational program at the proper level, or only by overworking and tiring themselves both physically and psychologically they may adhere to the desired level of education.

Year of release: 2018
Number of the journal: 2(70)

Controlled transformer-type shunt reactors
Annotation:

The possibilities of using controlled transformer-type shunt reactors at power grid substations to optimize the transmission mode are considered. The laws of voltage regulation, providing the mode of natural power and reduction of active power losses in the electrical system, are highlighted. Key words: energy complex, controlled transformer-type shunt reactor, voltage stabilization, thyristor voltage controller, control winding.

Year of release: 2018
Number of the journal: 3(71)
Keywords:

The causes and conditions of crime in the modern world
Annotation:

The causes and conditions of crime in the modern world. Abstract. The article discusses the causes of crime, describes the main groups of causes of crime. The conditions of crime – related, necessary, sufficient – were revealed through a detailed study of the causes of the emergence of various types of crime. On the example of the activities of the Department of Internal Affairs of the city of Ekibastuz, a number of organizational and practical measures aimed at stabilizing the criminal situation in the Ekibastuz region are identified, and statistical data on the results of these measures are also presented. One of the results of the study of this problem is to increase the professional readiness of all the structures of the law enforcement system, to create the appropriate material and technical conditions for improving the means and methods of preemptive influence on economic crime as the material basis of crime.

Author: Zh.B. Khamitova
Year of release: 2019
Number of the journal: 1(73)
Heading: Social sciences

Methodological features of teaching children with hearing and speech impairments multimedia technologies
Annotation:

In accordance with the law on education, the Republic of Kazakhstan guarantees the equality of the rights of all to receive a quality education, taking into account the intellectual development, psychophysiological and individual characteristics of each. The article is devoted to the analysis of the development of inclusive education, the problems on the path of introducing inclusive education are considered, the analysis of the experience of conducting an IT school in the framework of inclusive education is given. An attempt was made to identify factors contributing to the successful implementation of inclusive education methods.

Author: E.V. Prokopets
Year of release: 2019
Number of the journal: 4(76)

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

Digitalization of Kazakhstan’s auto industry, transport and logistics: organizational and legal aspects
Annotation:

The present article analyzes the problematic issues of digitalization of the automotive industry, motor transport and logistics in the Republic of Kazakh stan. The main emphasis is made on the consideration of positive results for the economy and society, which is the digitalization of the automotive industry, transport and logistics, the analysis of the tasks and content of digitalization in these sectors, the analytical study of the prospects of legal regulation of the automotive industry, motor transport and road logistics in the form of domestic legislative and international legal means to improve digitalization in these areas. The names and substantiation of 7 draft laws of Kazakhstan, which could be adopted in the near future by the Kazakh legislator, Вестник Инновационного Евразийского университета. 2019. № 2 ISSN 1729-536X 35 are proposed. The most important and priority bills include: «On state management of digital (creative) economy», «On the development of intelligent transport system in production and operation», «On the introduction of digitalization in the activities of companies, enterprises and institutions », «On the improvement of logistics based on digital technology along all the Kazakhstan roads».

Year of release:
Number of the journal:
Heading: Social sciences

Application of civil law
Annotation:

The article discusses the concept of civil law, its application in the territory of the Republic of Kazakhstan. The application of civil legislation throughout the territory of the Republic of Kazakhstan, the application of civil legislation by analogy, unless otherwise provided by law. Attention is paid to the main sources of civil law and the application of existing civil law in the space

Author: Zh.Zh. Talipova
Year of release:
Number of the journal:
Heading: Social sciences

Current Issues of Probation Application in the Kyrgyz Republic
Annotation:

In this article, the author explores the current problems of using the probation Institute in the Kyrgyz Republic. The author of the article emphasizes that the activity of the probation service involves close interdepartmental interaction of state bodies, local self-government bodies and local state administrations with penal institutions and probation clients. In addition, the article notes that at the present stage in Kyrgyzstan, the probation Institute is not developed enough in comparison with foreign countries, despite its effectiveness and social demand.

Author: A.K. Ermatova
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

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

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:
Number of the journal:
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.

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

On the question of forms and types of property rights in civil law
Annotation:

The right of ownership, like property itself, occupies one of the mainplaces in public life. Statutory regulation of property relations in the Republic of Kazakhstan existed throughout the entire period of statehood formation. Today, property relations are regulated by the norms of various branches of law. But civil law regulation occupies one of the most important places in the system of regulatory regulation. This article deals with a comprehensive analysis of the main legal concepts, such as property, owner, subject of property rights, as well as forms and types of property, the grounds for the emergence and termination of property rights and ways to protect and protect the absolute right of the owner. A certain thing may belong to several persons as common property. In this case, the right of ownership is distributed among several owners (co-owners). The totality of legal norms on common property forms the institution of common property law. The purpose of this work is a comprehensive analysis of the main legal concepts, such as property, owner and subject of property rights, as well as forms and types of property, the basis for the emergence and termination of property rights and the definition of ways to protect and protect the absolute right of the owner. The means of achieving this goal is the study of the works of Kazakh legal scholars, the study of the analysis of practical materials. The article uses the following methods: comparative-legal, system-structural, formal-logical, as well as the method of system analysis. The legislation of Kazakhstan provides for two subjects of State property that have the right to act on their own behalf: the Republic of Kazakhstan as a whole (in respect of property constituting republican property) and the administrative – territorial unit (in respect of property constituting municipal property). That is, in civil circulation, data are carriers of state property rights. Depending on the tasks performed, the State exercises the powers of the owner on behalf of one of the specified entities. The Republic of Kazakhstan and the administrative-territorial unit are not legal entities. However, unless otherwise provided by legislative acts, they are subject to the rules governing the participation of legal entities in relations regulated by civil law. The state and administrative-territorial unit, as special subjects, have all the rights ofsubjects of civil legal relations and are limited in legal personality only by the current legislation.

Author: Zh.Zh. Talipova
Year of release:
Number of the journal:
Heading: Law

Influence of seasonal pasture rotation on animal productivity in Zhambyl region
Annotation:

Complex research is carried out on the rational use of natural pastures with seasonal use in a specific area. The research was conducted in 2015-2017 on the lands of “Batyr” farm in Korday district of Zhambyl region. The pasture lands of the farm consists of 5 independent sites and are located in 3 geographical areas: foothill-steppe (950 hа), foothill-dry steppe (1370 hа) and foothill-semi-desert (1880 hа). The total area of distant pastures is 4.200 hectares. As a result of conducting of geobotanical researches, the farm territory of peasant farm "Batyr" in Korday district of Zhambyl region was divided into seasons (spring-summer-autumn) of their use, the yield of natural herbage and live weight gain of animals was determined. Results of accounting of productivity of natural herbages on zones, seasons of year are given in article and the gain of livemass of animals for the pasturable period is defined. When determining efficiency of sheep it is revealed that higher additional weight of a liveweight is received in experimental group of animal. The seasonal pasture on average in three years of researches at the end of the pasturable period provided an increase of a live weight of rams on 3.370 kg/head at ewes on 8.020 kg/head and lambs of birth year on 8.640 kg/head is more in comparison with control groups of animals. It should be noted that for the pasturable period the increase of alive mass of animals in experimental group in 2017 is higher than a research in comparison with previous years. In 2017 at a pasture of animals on seasonal sites it was applied intra seasonal pasture turnover at which unproductive driving of animals in search of a forage on the grazing square is practically reduced three times, besides degradation of the pasturable territory is completely excluded. It was found that the use of seasonal use of pastures provides more weight gain studied animals compared to animals that graze in one place with an unsystematic manner of grazing. The implementation of the results created the conditions for the restoration of degraded pastures with an increase in the growth and development of vegetation cover up to 15-18 % and an increase in livestock production through rational grazing up to 12 %.

Author: Zh. Issayeva
Year of release:
Number of the journal:

Economic interests of the Republic of Kazakhstan as a state-legal institution: the concept and problems of implementation
Annotation:

Main problem: in the history of mankind there are many examples when the question of national interests remains unresolved. The category of "national interest" has firmly entered the modern political and scientific spheres of all countries of the world. Regardless of the level and nature of development, any country has certain national interests on which it should focus. Undoubtedly, these are economic interests. Future populations, whose state and national goals are not clearly defined, may be unplanned and fragmented. Consequently, it may be violently imposed on a foreign socio-political structure. Historical experience shows that the staging of specific problems can have a negative impact on the application and implementation of the necessary measures to prevent possible mistakes, to strengthen the security of the country. In order to make this article complete and exhaustive, it is necessary to pay attention to the concept of "concept", which reflects the active attitude of people to the surrounding world as the most important category. Purpose: The purpose of the study is to analyze the concept of economic security as a state-legal institution in the Republic of Kazakhstan. Methods: The following methods are used in the article: comparative-legal, system-structural, as well as the method of systematic analysis of needs. Results and their significance: Necessity, personal interests are one of the key links in the study of the essence of the social state. After all, the rule of law in its norms must express the social interests of man in life. These categories are intended to identify the indirect causes of social actions that lead to changes and additions in various spheres of public life. Every country has its own attractions. Interests are different. And the social group, and the team, and the individual combine their actions with their interests. Man interacts with it through its goal, which determines the interests of the environment. Therefore, at the level of common consciousness, a great value of interest is determined by individual actions and actions of people, as well as by mass historical events and phenomena. By looking at this issue in detail and analyzing its basic principles, we define the concept of economic interest. In order to ensure the economic security of Kazakhstan, it is necessary to rely on its own scientific and technological development, human and natural resources, that is, to decide on management in favor of domestic producers and ensure capital investment in priority sectors of the economy.

Author: Zh.B. Amanbai
Year of release:
Number of the journal:
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

Peculiarities of psychological training of military servants to actions in extreme situation
Annotation:

There are many examples of crises and catastrophes in the history of mankind. Almost the entire spectrum of natural disasters is possible in Kazakhstan. In particular, earthquakes, floods, fires in forests and steppes, snowstorms, and others. In all mountain and foothill zones, there is a danger of landslides, the threat of snow drift. In addition, there are situations that have arisen for man-made reasons. These catastrophes are the result of human activity. Such extreme situations require the concentration of all physical and psychological capabilities of a person. This is especially important for military personnel who often operate in extreme or critical conditions. Psychological readiness to solve such situations gives the individual confidence in the correctness of their own actions and, in the end, leads to a successful result. The purpose of this article is to present the results of research in the framework of a master's thesis. The main focus is on the analysis of the features of psychological training of military personnel to act in an extreme situation. The studied problem is revealed by the authors from the point of view of modern approaches to the psychological training of military personnel in a critical situation. The research methods used (analysis, generalization, experiment) allowed us to reveal the depth of the problem relevant to military psychology. The research is based on the results of modern research by Kazakh and foreign scientists. Approaches to the interpretation of the essence of the content of the concept "extreme situation" are considered, and the factors that determine the specifics of psychological training of military personnel to act in a crisis are highlighted. The concept of "psychological readiness of military personnel to work in critical (extreme) situations" is defined. Statistical results of the experiment are presented. The experimental activity carried out in the course of experimental work has a high practical significance, since it was successfully tested through the implementation of the work of the military unit 3176 "K" in Pavlodar and can be used in the psychological training of military personnel. The article is devoted to the actual problem of psychology. The results presented in the article may be useful for military psychologists.

Year of release:
Number of the journal:

Study of international experience in the field of industrial safety
Annotation:

Currently, close attention is paid to industrial safety at hazardous production facilities. Compliance with industrial safety requirements is directly related to the risks of accidents that can lead to man-made disasters, negatively affect the health and life of the population. As in any other industry, there are problems in ensuring industrial safety. There are several reasons for this: the backlog of standards from scientific and technological progress, the exclusive competence of state authorized bodies, and the lack of a risk-based approach. After the collapse of the USSR, the requirements of industrial safety in the Republic of Kazakhstan have practically not changed: laws and statutory instruments (hereinafter-the LSI) are approved and put into effect, after which they are constantly changed and supplemented; the presence of national and international standards, which, in fact, are revised on the basis of the USSR standards, taking into account the influence of the realities of the time. It can be concluded that the current standards are not focused on the future, scientific and technological progress, innovation, so they are constantly undergoing changes, thereby adapting to the necessary requirements that dictate modernity. State regulation does not contribute to the effective development of industrial safety. This is due to the fact that the state performs exclusively supervisory functions (thus it is exclusively educational in nature), and there is no dialogue between authorized state bodies, expert organizations, scientific organizations, and testing laboratories. If we consider the experience of the Russian Federation in the field of industrial safety, then it makes no sense to accept even some experience, since: similar to the Kazakhstan’ LSI and regulatory and technical documentation (and their constant dynamics), the development of cooperation with the Russian Federation within the framework of the Eurasian Economic Union. Accordingly, it is advisable to consider the experience in the field of industrial safety in Europe and the United States of America because of the effectiveness of regulation and supervision than in the Republic of Kazakhstan and the Russian Federation. This article provides information about international experience in the field of industrial safety in the United States and the European Union. The tasks of state regulation in the field of industrial safety in the Republic of Kazakhstan, the Russian Federation, the United States, and the European Union are described in detail. The analysis of normative-legal acts and normative-technical documentation is carried out. Based on the analysis of international experience, solutions to problems in the field of industrial safety for the Republic of Kazakhstan are essentially presented. The purpose of this article is to reveal the problem in the field of industrial safety in the Republic of Kazakhstan and international experience that the Republic of Kazakhstan can borrow in order to effectively ensure industrial safety. Study of international experience (USA, EU countries, Russia) in the field of industrial safety in terms of: analysis of standards; regulation (control and supervisory functions) to ensure safety. The results of this article will reflect the problems that hinder the effective provision of industrial safety in the Republic of Kazakhstan and essentially suggest ways to solve them.

Year of release:
Number of the journal:

The place of concept «mafhum al-muhalafa» in the methodology of islamic law
Annotation:

The article examines in detail the role of the concept of al-muhalafa in making judgments from religious texts and other legal grounds. In addition, a comparative analysis of the legal and linguistic principles and features of the Hanafi and Mutakallim schools of Islamic law, as well as issues of disagreement between the two movements, will be considered. There is much debate among scholars as to whether Mafhum al-Muqhalafa is accepted as evidence. Even Abdul Aziz Bukhari said: "This issue occupies a large place in the science of jurisprudence," he said. That is, below we answer the question of how much influence the evidence from this principle has on the verdict and whether these sentences are legitimate. The principle of Mafhum al-Mukhalafa is not accepted as evidence in the Hanafi Madhhab, and the ruling resulting from it is invalid. This is because the concept of al-muhalaf is to render a verdict that contradicts the verdict in the text (Amidi), confirming a verdict that is not in the text, that is, according to Abu Hanifa, the verdict in the text and the verdict that does not appear in the text are not equal. However, in schools other than Hanafi schools, this principle fully applies. The authors used the method of comparative analysis of the Quran and the Sunnah of the Prophet, which are the basis of Islam, to prove your point Some scholars of the Hanafi Madhhab do not completely refute this principle. It is unacceptable to judge by this principle only by Sharia texts, but in everyday life, in communication with people, the concept of al-muhalaf is accepted as proof. Ibn al-Humam reports that the Hanafis do not recognize the concept of al-muhalyaf as proof only in Sharia texts. Therefore, scientists are divided into two main groups regarding the application of this principle as evidence, and each group has its own strong arguments, which are discussed in detail in the second part of the article.

Year of release: 2022
Number of the journal: 1(85)

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)

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

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.

Year of release:
Number of the journal:
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.

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

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.

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

Innovative Approaches to Revealing the Intellectual and Professional Abilities of Special Children
Annotation:

Discovering the intellectual and professional abilities of special children, first of all, depends on the language environment created by teachers. In this regard, the task is to create an effective pedagogical paradigm of thinking and activity (concepts, categories, concepts), ensuring its constant updating. Purpose of the research is revealing the intellectual and professional abilities of special children. The main research methods are ascending from the abstract to the concrete, descending from the concrete to the abstract, from the concrete to the abstract and again to the concrete, from the abstract to the concrete and again to the abstract and method of working with text. Between 80 and 85 % of incoming information is perceived by the human visual organs, and our brain performs several functions. The main function is speculation, i.e. in understanding the essence, knowledge embedded in information. For example, a person can observe a rainbow, without understanding or knowing its nature. Only speculatively can he cognize the essence, i.e. a certain law, a scheme for the origin of this unusual phenomenon. Thus, knowledge is a product of a person’s own thinking, extracted from information.

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

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)

Methodological Aspects of Inclusive Education in the Field of IT Technologies
Annotation:

The main problem: Today, the introduction of inclusive education is becoming one of the priorities of the state policy of the Republic of Kazakhstan in the system of modern education. In accordance with the law on Education, equal access to quality education for citizens is guaranteed, taking into account their intellectual development, psychophysiological and individual characteristics. The article is devoted to the analysis of the development of inclusive education. The author considers the problems on the way to the introduction of inclusive education, provides an analysis of the experience of conducting an IT school within the framework of inclusive education. An attempt has been made to identify the factors contributing to the successful implementation of inclusive education methods in the modern educational space. Objective: To consider the issues of the development of inclusive education in the Republic of Kazakhstan. To present the methodology of teaching children with special educational needs, to suggest possible ways to solve problems on the way of introducing inclusive education into the domestic education system. Methods: The methods of analysis, synthesis and deduction were used in the article. Results and their significance: Based on the results of the work carried out aimed at identifying the main problems hindering the process of implementing inclusive education, as well as based on the results of the analysis and the identified main aspects in the cognitive activity of children with hearing and speech disorders, the author of the article proposes a methodology for teaching children multimedia technologies. In addition, the author clearly substantiates the need to prepare a teacher for the use of inclusive education methods, due to the lack of willingness of some teachers to teach in a class (group) in which people with disabilities study, fearing to get into a situation of psychological and professional discomfort.

Author: Prokopets E.V.
Year of release: 2024
Number of the journal: 1(93)

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

Criminal Legal Characteristics of Subjects of Crimes Against Morality
Annotation:

The main problem is the relevance of the research topic. The history of the development of civilization shows that law and morality as components of the spiritual culture of society are organically linked to each other. The legal system of any state enshrines the moral requirements and moral principles that are vital for the whole society. When creating norms or improving them, the legislator must take into account the state of the public moral culture of the population so that the laws being developed are fair and perceived by members of society. Purpose: The purpose of the study is the further theoretical development of a set of criminal law issues related to determining the place of morality in the system of objects of criminal law protection, their role in the system of measures to combat crime, as well as the development on this basis of proposals and recommendations for improving criminal legislation regulating liability for attacks on public morality. Methods: Methodology and 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: The stated circumstances, as well as the lack of elaboration and discussion of most of the provisions related to the modern legal regulation of crimes against public morality and their qualifications, determined the choice of the research topic. Crimes against morality are mostly committed intentionally. For example, involvement in prostitution, the organization of brothels for prostitution or maintenance, as well as other types of criminal acts directed against humanity (morality), are committed with direct intent. A person who organizes and maintains brothels for prostitution is aware that he is doing this for profit. Among the crimes committed against humanity (morality), animal abuse is committed mainly out of hooligan motives.

Author: S.T. Iksatova
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