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Law


Counterterrorism: International Cooperation and Domestic Legislation
Annotation: The main problem addressed in the article is the limited effectiveness of human rights protection mechanisms in Kazakhstan, despite the presence of constitutional guarantees of citizens' rights and freedoms. The Constitution of the Republic of Kazakhstan provides citizens with broad rights, but there is a significant gap between legal guarantees and their actual implementation in practice. The main issues include the insufficient independence of the judiciary, restrictions on freedom of expression, limited access to justice and legal aid for citizens, as well as difficulties faced by human rights organizations. These issues hinder the full realization of citizens' rights and freedoms, creating significant barriers to the functioning of the rule of law. The goal of the article is to analyze the human rights protection mechanisms enshrined in the Constitution of the Republic of Kazakhstan and assess their impact on the protection of citizens' rights. The article aims to identify the main problems faced by citizens when protecting their rights and suggest possible solutions to improve the human rights situation in the country. To achieve the research goal, legal analysis of normative acts was used, including the Constitution of the Republic of Kazakhstan and other legislative acts regulating citizens' rights and freedoms. Judicial acts, reports of human rights organizations, and statistics related to citizens' appeals to state authorities and human rights structures were also used. The research methodology included comparative analysis and case studies, which allowed a deeper examination of the real problems in the implementation of human rights in Kazakhstan and the proposal of well-grounded solutions to address these issues. The research results showed that, despite the presence of constitutional guarantees of rights and freedoms, the real situation with human rights protection mechanisms in Kazakhstan remains problematic. The main problems include the insufficient independence of the judiciary, restrictions on freedom of expression, difficulties in accessing justice and legal aid, as well as administrative barriers for human rights organizations. These factors limit the effective realization of citizens' rights and undermine trust in the judiciary and state authorities. The task of reforming the judicial system, improving the accessibility of legal aid, and creating conditions for the free operation of human rights organizations is of critical importance for enhancing human rights protection, strengthening democracy, and the rule of law, as well as for creating a fairer and more effective human rights protection system in Kazakhstan.
Year of release: 2025
Number of the journal: 1(97)
Heading: Law

Human rights mechanisms in Kazakhstan: constitutional guarantees and their impact on citizens' rights
Annotation: The main problem addressed in the article is the limited effectiveness of human rights protection mechanisms in Kazakhstan, despite the presence of constitutional guarantees of citizens' rights and freedoms. The Constitution of the Republic of Kazakhstan provides citizens with broad rights, but there is a significant gap between legal guarantees and their actual implementation in practice. The main issues include the insufficient independence of the judiciary, restrictions on freedom of expression, limited access to justice and legal aid for citizens, as well as difficulties faced by human rights organizations. These issues hinder the full realization of citizens' rights and freedoms, creating significant barriers to the functioning of the rule of law. The goal of the article is to analyze the human rights protection mechanisms enshrined in the Constitution of the Republic of Kazakhstan and assess their impact on the protection of citizens' rights. The article aims to identify the main problems faced by citizens when protecting their rights and suggest possible solutions to improve the human rights situation in the country. To achieve the research goal, legal analysis of normative acts was used, including the Constitution of the Republic of Kazakhstan and other legislative acts regulating citizens' rights and freedoms. Judicial acts, reports of human rights organizations, and statistics related to citizens' appeals to state authorities and human rights structures were also used. The research methodology included comparative analysis and case studies, which allowed a deeper examination of the real problems in the implementation of human rights in Kazakhstan and the proposal of well-grounded solutions to address these issues. The research results showed that, despite the presence of constitutional guarantees of rights and freedoms, the real situation with human rights protection mechanisms in Kazakhstan remains problematic. The main problems include the insufficient independence of the judiciary, restrictions on freedom of expression, difficulties in accessing justice and legal aid, as well as administrative barriers for human rights organizations. These factors limit the effective realization of citizens' rights and undermine trust in the judiciary and state authorities. The task of reforming the judicial system, improving the accessibility of legal aid, and creating conditions for the free operation of human rights organizations is of critical importance for enhancing human rights protection, strengthening democracy, and the rule of law, as well as for creating a fairer and more effective human rights protection system in Kazakhstan.
Year of release: 2025
Number of the journal: 1(97)
Heading: Law

Current Issues of Employment and Labor Rights Protection in a Market Economy: Experience of Kazakhstan and Russia
Annotation: The main issue faced by the labor market of the Republic of Kazakhstan is the mismatch between the quality and professional-qualification structure of the workforce and the needs of employers. This leads to a shortage of skilled workers despite the insufficient demand for labor, as well as low labor mobility. In the context of economic transformations and changing employer requirements, it is necessary to effectively regulate labor relations and create conditions for improving workers' legal protection in order to overcome this imbalance and establish an effective system of labor rights protection. The objective of the study is to conduct a comprehensive analysis of the factors affecting the functioning of the labor market in Kazakhstan and to identify effective regulatory mechanisms for protecting workers' labor rights. It is also important to study the impact of socio-economic programs aimed at improving the quality of life of the population, maintaining employment, and increasing income on the labor market. To achieve the research objectives, methods such as theoretical analysis of scientific sources and legal acts regulating labor relations in Kazakhstan, empirical study of statistical data and practical cases, comparative analysis of Kazakhstan's labor legislation with international practices, and modeling the impact of socio-economic programs on the labor market and legal protection of workers were used. These methods enabled a comprehensive examination of labor market issues and the identification of effective ways to improve legal regulation and labor rights protection. The study results revealed the need to enhance the interaction between government, private, and educational institutions to improve labor market functioning and workers' legal protection. In particular, it is important to strengthen the system of professional training and retraining of personnel that meet market demands. Additionally, it is necessary to develop labor mobility by improving conditions for retraining and upskilling workers. Special attention is given to the development and improvement of domestic mechanisms for protecting labor rights, including improving legal regulation to increase workers' legal protection from violations such as unlawful dismissal or lack of proper working conditions. The significance of these results lies in their contribution to solving issues related to the mismatch between employers' needs and the qualifications of the workforce, improving employment levels, and enhancing social stability. This also contributes to the better social protection of workers and more equitable income distribution, which directly impacts Kazakhstan's economic stability and development.
Author: M.A. Badanina
Year of release: 2025
Number of the journal: 1(97)
Heading: Law

Interaction of Control and Supervisory Authorities and Public Oversight in Ensuring Legality in the Migration Sphere
Annotation: The current system of state control in the migration sphere is insufficiently effective. The absence of a clearly defined system for delineating powers among bodies involved in regulating migration processes, fragmentation of control mechanisms, as well as a weak legislative and regulatory framework significantly reduce the effectiveness of supervision in this area. Alongside this, the interaction between officials of control bodies and public oversight institutions remains fragmented and unregulated, hindering the formation of a fair and transparent migration policy. The purpose of this article is to analyze the activities of officials of control and supervisory bodies in the migration sphere and to identify ways to improve the effectiveness of their interaction with public oversight institutions. Special attention is given to the problem of legal regulation of the powers of these subjects and the development of recommendations for improving coordination and transparency in the migration sphere. This study applies systemic, regulatory-legal, comparative-legal, and institutional methods. Current regulatory acts, the structure of interaction between state and public institutions, as well as examples of law enforcement practice are analyzed. The research revealed key problems: unclear competencies among bodies exercising migration control; lack of sustainable interaction between state and public structures; and a weak regulatory framework governing such coordination. Proposed reforms include clarifying and legally consolidating the powers of migration control participants, creating mechanisms for institutional cooperation with public organizations, and expanding the involvement of civil society in monitoring migration processes. The significance of the results lies in the formulation of proposals aimed at creating a more transparent and fair migration policy. Improving the effectiveness of interaction between state and public institutions will not only strengthen control over migration flows but also ensure the protection of the rights of both citizens and migrants, thereby reinforcing the rule of law and trust in state bodies.
Author: M.A. Badanina
Year of release: 2025
Number of the journal: 2(98)
Heading: Law

Self-Employed Citizens in Civil Law: Features of the Legal Status
Annotation: Despite the legislative recognition of self-employed citizens, their legal status in civil law remains ambiguous. The absence of clear legal norms and insufficient regulation of the specifics of their activities create difficulties in establishing rights and obligations, protecting interests, as well as in issues related to taxation and civil liability. To identify the features of the legal status of self-employed citizens in civil law, determine problematic aspects, and propose recommendations for improving legislative regulation. The study employs comparative, historical-legal, systemic, and normative-legal approaches to analyze legislation, its development, and application in judicial practice, as well as to identify the features of the legal status of self-employed citizens in civil law. The analysis of the legal status of self-employed citizens in civil law revealed key problems: insufficient regulation of civil-law relations involving the self-employed, uncertainty in contract execution and protection of their rights, and the absence of unified law enforcement practice. Furthermore, there is insufficient legal awareness among self-employed citizens and their counterparties, leading to frequent disputes and legal uncertainty. Resolving these issues requires a comprehensive approach, including improving the normative framework, developing standard contracts and recommendations for interaction with the selfemployed, as well as raising the level of legal education among participants in civil-law relations. The significance of these results lies in their potential to enhance the legal protection of selfemployed citizens, improve the quality of civil-law transactions, and reduce the number of conflicts and court disputes. This, in turn, promotes the development of individual entrepreneurial activity, strengthens trust among market participants, and increases the effectiveness of legal regulation in the field of self-employment.
Author: P.O. Filatova
Year of release: 2025
Number of the journal: 2(98)
Heading: Law

Civil Legal Capacity and Competence of Minors in the Digital Environment
Annotation: The digital transformation of society is accompanied by the active participation of minors in the online environment, which creates new challenges for civil law regulation. Although the Civil Code of the Republic of Kazakhstan contains general norms on the legal capacity and competence of minors, these provisions are not adapted to the realities of the digital environment. In particular, issues related to minors concluding electronic transactions, processing their personal data, participation in digital platforms, and liability for online actions remain unresolved. The lack of specific regulation leads to legal uncertainty and risks of violation of children's rights. To conduct a comprehensive analysis of the legal status of minors in the digital environment in the context of civil legal capacity and competence, identify the main legal conflicts and gaps, and develop proposals for improving the regulatory framework in line with international standards for the protection of children's rights. The study used formal-legal, comparative-legal, and empirical methods, as well as a systematic approach. The legislation of the Republic of Kazakhstan, judicial practice, and international acts, including the Convention on the Rights of the Child and UNICEF recommendations, were analyzed. It was found that the current civil legislation of Kazakhstan does not take into account the specifics of digital legal relations involving minors. There is no clear regulation of the conditions under which minors can perform legally significant digital actions (such as registration on online services, electronic purchases, creation of digital content). Risks of violations related to manipulation of the child's consent for personal data processing were identified. Legislative clarification of the status of minors in the digital environment and recommendations for forming legal culture and digital literacy among children and parents were proposed.
Author: P.O. Filatova
Year of release: 2025
Number of the journal: 3(99)
Heading: Law

Research on Legal Aspects of Migration Regulation in Kazakhstan: Migrants’ Rights, Social Integration, and the Role of State Policy
Annotation: Migration in Kazakhstan is becoming increasingly significant, accompanied by the need for effective legal regulation. The existing normative legal framework covers many aspects of migration; however, challenges remain in ensuring migrants’ rights, social integration, and balancing state interests. The lack of comprehensive and up-to-date regulation creates legal uncertainty and social risks. To conduct a comprehensive analysis of the legal aspects of migration regulation in Kazakhstan, focusing on migrants’ rights, mechanisms of social integration, and the role of state migration policy. To identify legislative gaps and propose directions for improvement in accordance with international standards and national interests. The study employs formal-legal, comparative-legal, and systemic approaches, as well as analysis of international treaties, national legislation, and migration law enforcement practices. It was found that migration regulation in Kazakhstan is represented by a broad normative base, yet problems persist with insufficient protection of migrants’ rights, limited social integration, and weak coordination among government agencies. The important role of state policy, including regional initiatives, was noted in balancing control of migration flows with support for migrants. Recommendations were made to improve the legislative framework, enhance social adaptation measures, and develop comprehensive migration monitoring.
Year of release: 2025
Number of the journal: 3(99)
Heading: Law

Overview of Judicial Practice on Personal Data in Kazakhstan
Annotation: Despite the existence of specialized legislation on the protection of personal data in Kazakhstan, including the Law "On Personal Data and Their Protection", law enforcement practice remains underdeveloped and inconsistent. The absence of clear criteria for the legality of data processing, weak regulation of consent requirements, and insufficient public and business awareness lead to widespread violations of privacy rights. Significant issues arise particularly in the processing of data by small and medium-sized businesses, as well as in the interaction of citizens with public and private entities. To analyze the current state of legal regulation and judicial practice in Kazakhstan regarding personal data issues, to identify key gaps and inconsistencies between national legal norms and international standards, particularly the GDPR, and to propose directions for improving law enforcement practices and legislation. The study uses comparative legal, normative legal, empirical (case law analysis), and systematic approaches. A comparative analysis of Kazakhstan's national legislation and European legislation (including the GDPR) is conducted, with a focus on practical cases. It was found that there are no clear requirements in Kazakhstan regarding the form and content of data subject consent, and there is no effective mechanism to inform citizens about the purposes and methods of data processing. Significant discrepancies with international standards were identified, including in the principles of data minimization, purpose limitation, and transparency. The analyzed court cases demonstrate a low level of legal awareness among data controllers and weak implementation of supervisory functions by the authorized bodies. Recommendations are proposed for bringing national legislation in line with international norms, strengthening the institutional role of regulatory authorities, and fostering legal awareness among data subjects.
Year of release: 2025
Number of the journal: 3(99)
Heading: Law

Religious-Political Extremism as a Threat to National and Global Security
Annotation: Modern society faces an increasing threat from religious and religious-political extremism, which manifests through the radicalization of consciousness, violence, the undermining of secular foundations of the state, and the rise of interfaith tensions. Despite the existence of legal and institutional mechanisms to counter this phenomenon, it remains pressing due to its transnational nature, the ideological adaptability of extremists, and their ability to disguise their actions as religious activity. A particularly critical issue is the clear distinction between religious and religious-political extremism to enable effective prevention and response. To reveal the essence and specifics of religious and religious-political extremism, define their key features, causes, and forms of manifestation, and propose comprehensive approaches to countering this phenomenon by the state, society, and religious organizations. The study employs a systemic, comparative-legal, sociological, and political science approach. It includes the analysis of legal acts, international agreements, expert opinions, and empirical material, including case studies of extremism and countermeasures from various countries. The study establishes that religious-political extremism represents a distinct form of illegitimate political struggle, disguised in religious rhetoric and aimed at dismantling the constitutional order and territorial integrity of the state. It identifies key distinctions between religious and religious-political extremism and highlights the risks of conflating the two in legal practice and public discourse. The paper proposes improvements to legislation, enhanced preventive and educational work, and a stronger role for religious leaders and civil society institutions in combating radicalism
Year of release: 2025
Number of the journal: 3(99)
Heading: Law

Execution of Criminal Penalties and Issues of Convict Resocialization: Contemporary Challenges in Kazakhstan
Annotation: This scientific and theoretical article presents a comprehensive analysis of the current state of the penal system of the Republic of Kazakhstan in the context of global trends in penitentiary policy. The authors investigate in detail the transformation process of the domestic model of punishment execution from the Soviet paradigm of «correction by labor» to international standards of resocialization and probation. Particular attention is paid to the analysis of the law enforcement practice of the Criminal Executive Code of 2014, the effectiveness of the probation institution, the problems of employment of convicts through the RSE «Enbek» system, as well as issues of medical support following the transfer of functions to the Ministry of Health. Based on extensive empirical material, statistical data, and sociological research, systemic contradictions between legislative goals and actual conditions of serving sentences are identified. Issues of countering prison subculture, preventing religious extremism in places of detention, and the prospects for implementing cell-based detention are considered. The article contains scientifically grounded recommendations for improving legislation and law enforcement practice in order to minimize recidivism.
Year of release: 2025
Number of the journal: 4(100)
Heading: Law