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Law


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

Business reputation of legal entities under the civil legislation of Kazakhstan
Annotation: Main problem: In a market economy and competition, the business reputation of legal entities becomes a critical factor for their stability and trust from partners and clients. In Kazakhstan, issues of protecting the business reputation of legal entities require further improvement in legislation. Purpose: Definition of the concept of business reputation of legal entities, analysis of the current state of legal protection of this institution in Kazakhstan and the formation of proposals to consolidate the definition of business reputation in the Civil Code of the Republic of Kazakhstan. Methods: The study was conducted using the following methods: review of legislation (analysis of the provisions of the Civil Code of the Republic of Kazakhstan and regulatory decisions of the Supreme Court of the Republic of Kazakhstan), comparative legal method (comparison of the legislation of Kazakhstan with the legal norms of other countries to identify general trends), formal legal method (definition of legal concepts and their characteristics). Results and their significance: The study showed that the business reputation of legal entities in Kazakhstan is recognized as a personal non-property benefit, but requires a clear regulatory definition. An analysis of legislation and judicial practice revealed the need to amend the Civil Code of the Republic of Kazakhstan to more fully reflect the essence and mechanisms for protecting business reputation. Specific recommendations are proposed to improve legal regulation, which helps to strengthen confidence in legal entities, increase investment attractiveness and stability of civil turnover in Kazakhstan. In particular, it is proposed to enshrine in the Civil Code of the Republic of Kazakhstan the following definition of the concept of business reputation of a legal entity: “a positive assessment of the entrepreneurial, social, professional or other activities of legal entities, which are carried out by such persons as participants in public relations.” The introduction of these changes will also help reduce the number of litigation related to business reputation and provide more effective protection of the rights of legal entities. Increasing the level of legal certainty and protection of business reputation will contribute to the development of a competitive environment and support for bona fide market participants
Year of release: 2024
Number of the journal: 3(95)
Heading: Law

Criminological characteristics of a serial killer
Annotation: One of the main ideas of this study is that the creation of a meaningful theory of crime in general, a conscientious study of the "crime problem" and the qualified application of knowledge to its solution is impossible without taking into account a huge number of factors that influence a person's life path at various levels: from the personal characteristics of the individual himself to factors related to his family, peers, school, neighbors, circle of acquaintances, culture and society as a whole. The formation of the personality of a criminal occurs at each stage of his formation in society, and an extremely important task is to identify and understand what exactly lies at the origins of the commission of a series of crimes, as well as what specifically prompted a serial criminal to commit his first crime, what could be the starting point for actions that resulted in the injury and (or) death of several to several dozen people. An attempt to consider the criminal behavior of serial criminals in the prism of a psychosocial approach - crime from a psychological point of view. Methods: The present study used the dialectical method, analysis, synthesis, induction, deduction, synchronous and diachronic comparison, historical method, as well as specific scientific methods: formal-legal, comparative-legal, etc. The study of this topic is a vital task for the whole society as a whole, since its well-being depends on it. "The problem of "maniacs" exists as long as civilization exists."
Year of release: 2024
Number of the journal: 3(95)
Heading: Law

Scientific approaches to understanding the principle of separation of powers
Annotation: Relevance of the study. The principle of separation of powers is the most important feature of the rule of law, which confirms the dominance of the legislative branch and the subordination of the executive and judicial branches. The key aspect of the rule of law is a systematic approach to legislation. At the same time, the leading role of law lies in its ability to solve the main and most significant problems of society. To study the concept of separation of powers in a rule of law state. The methodological basis of the study is scientific and research approaches, which include general scientific methods of analysis and synthesis, a historical approach, methods of complex systemic and structural analysis, as well as various methods corresponding to norms, concepts and terms. Thus, the results of the study allow us to draw a number of conclusions. First of all, the concept of separation of powers has long served as the basis for building democratic legal systems. This idea developed at different stages and was closely associated with the works of many famous thinkers and lawyers. The works of lawyers and philosophers laid the foundations that to this day shape our modern perception of the structure of power and its functions. Each stage of the development of this concept reflected social changes and the desire for more just and effective governance.
Year of release: 2024
Number of the journal: 4(96)
Heading: Law

Crimes Against Morality in the Field of Medicine
Annotation: Crimes against morality in the field of medicine, including violations of patients' rights, unlawful medical experiments, negligence, commercialization of medicine, and moral violence, undermine public trust in medical institutions and professionals. These crimes have serious consequences for the health and well-being of patients, as well as for the moral and ethical foundations of the medical profession. To study crimes against morality in medicine, identify their types and causes, and propose ways to minimize such violations through enhanced control, improvement of ethical education, and the development of legislative initiatives. A comprehensive analysis of domestic and foreign literature, judicial practices, and official reports from medical and legal institutions was conducted. Methods of content analysis, qualitative and quantitative approaches, as well as comparative analysis of the legislation of various countries on medical ethics, were used. Crimes against morality in medicine were classified into several categories: violation of patients' rights, unlawful experiments, negligence, commercialization of medicine, and moral violence. The consequences of such crimes are discussed, and ways to prevent them are proposed through improvements in the education and control systems in the medical field. The research findings emphasize the need for the development of stricter control measures to ensure compliance with medical ethics, the creation of effective self-regulation mechanisms, and the activation of educational programs, which will help reduce violations and restore trust in the medical profession.
Year of release: 2024
Number of the journal: 4(96)
Heading: Law