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Law


International Standards for Providing Legal Assistance by Lawyers
Annotation: The key problem in ensuring compliance with international standards for providing legal assistance by lawyers is the inconsistency of legal regulation and practice across countries, as well as insufficient implementation of international norms into national legal systems. This leads to differences in the level of protection of citizens’ rights, limits access to qualified legal assistance, and complicates lawyers’ ability to fulfill their professional duties. An additional problem is the insufficient preparation of some lawyers to apply international legal standards and the absence of unified mechanisms for monitoring the quality of legal services. The aim of the article is to analyze international standards for providing legal assistance, identify problems in their implementation in national legal systems, and develop recommendations for improving mechanisms to ensure the quality of legal services. Special attention is given to harmonizing national norms with international documents, enhancing professional training of lawyers, and ensuring guarantees of independence in legal practice. The study employs comparative, normative-legal, systemic, and analytical methods, as well as an analysis of international documents (United Nations Basic Principles on the Role of Lawyers, European Charter on the Status of Lawyers, and Council of Europe recommendations). These approaches allow for a comprehensive study of standards and an assessment of their application in different jurisdictions. The analysis identified key problems: the inconsistency of national legislation with international standards, the absence of unified criteria for the quality of legal assistance, insufficient protection of lawyers’ independence, and unequal access of citizens to qualified legal services. It was established that effective implementation of international requirements requires comprehensive measures, including legislative reform, expanded professional training of lawyers, and the creation of mechanisms for independent assessment of legal service quality. Addressing these issues will ensure a uniformly high level of legal assistance, strengthen human rights protection, and increase citizens’ trust in the legal system. Harmonization of international and national standards also contributes to the development of the rule of law and enhances the role of the legal profession in ensuring fair justice.
Year of release: 2025
Number of the journal: 4(100)
Heading: Law

Forensic Analysis of Explosives and Devices in Kazakhstan and Russia: A Legal Analysis
Annotation: The growing threats associated with terrorism and the illicit trafficking of explosives and explosive devices necessitate effective legal regulation of forensic expert activity and the development of international cooperation, including within the frameworks of the EAEU and the CSTO. Despite a common historical background in the development of forensic science, the legal systems of the Republic of Kazakhstan and the Russian Federation have developed different approaches to the procedural and institutional regulation of explosive technical examination. These differences are manifested in the models of organization of expert institutions, the degree of normative detail, and the scope of procedural guarantees for the parties, which creates obstacles to the mutual recognition of expert conclusions and the conduct of joint investigations in cases involving the use of explosive devices. To conduct a comprehensive comparative legal analysis of the regulatory framework governing the appointment, conduct, and evaluation of explosive technical examination in the Republic of Kazakhstan and the Russian Federation, to identify key similarities and differences, and to determine prospects for the harmonization of legal regulation of forensic expert activity. The study employs comparative legal, formal legal, and systemic methods of analysis. The norms of the criminal procedure legislation of the Republic of Kazakhstan and the Russian Federation, special legislation on forensic expert activity, as well as subordinate regulatory legal acts governing the conduct of explosive technical examination, are analyzed. The study establishes that the Russian model of legal regulation of explosive technical examination is characterized by institutional polycentricity and a framework-based regulatory approach enshrined in the Federal Law “On State Forensic Expert Activity in the Russian Federation,” with the existence of several departmental expert systems (Ministry of Justice, Ministry of Internal Affairs, Federal Security Service). At the same time, the model of the Republic of Kazakhstan tends toward institutional monocentricity and more detailed normative standardization, including through professional standards in the field of explosive technical examination. Significant differences are also identified in the procedural rights of the defense when appointing an examination, with the criminal procedure legislation of the Republic of Kazakhstan providing more pronounced adversarial guarantees. The practical significance of the study lies in the possibility of using the findings to improve national legislation and to develop mechanisms for harmonizing forensic expert activity within the EAEU and the CSTO.
Year of release: 2025
Number of the journal: 4(100)
Heading: Law

Liability for Environmental Offenses: Analysis and Directions for Strengthening in Kazakhstan
Annotation: Widespread environmental violations and the insufficient effectiveness of existing legal liability mechanisms pose a threat to sustainable natural resource management in the Republic of Kazakhstan. Despite legislative reforms in 2021–2025, which introduced stricter fines and requirements for resource users, a balance between fiscal and compensatory functions of liability remains lacking, and collected penalties are often not directed toward environmental restoration. To conduct a comprehensive analysis of the legal liability framework for environmental violations in the Republic of Kazakhstan, assess the effectiveness of current legal mechanisms, and develop recommendations for their improvement in accordance with international environmental safety standards. The study employs formal-legal, comparative-legal, and systemic methods, as well as analysis of statistical data and judicial practice. Special attention is given to legislative changes in 2021– 2025 and the experience of OECD countries, including the introduction of criminal liability for legal entities. It was established that current legal mechanisms do not fully implement the “polluter pays” principle. Proposed measures to strengthen liability include: introducing criminal liability for legal entities, shifting from purely punitive measures to incentive-based approaches using best available techniques, employing digital monitoring tools to track violations, and legally ensuring that environmental fines are directed to conservation measures. The comprehensive application of these measures will increase the effectiveness of legal liability and improve environmental safety in the country.
Year of release: 2025
Number of the journal: 4(100)
Heading: Law

Comparative legal analysis of the forensic investigation of explosives, explosive devices and traces of their use on the example of the legislation of the Republic of Kazakhstan and the Russian Federation
Annotation: Comparative Legal Analysis of the Forensic Examination of Explosive Substances, Explosive Devices, and Traces of Their Use Based on the Legislation of the Republic of Kazakhstan and the Russian Federation This paper presents a fundamental comparative legal analysis of the theoretical, procedural, and methodological foundations of the forensic examination of explosive substances and explosive devices within the legal systems of the Russian Federation and the Republic of Kazakhstan. The study is based on a detailed examination of criminal legislation, normative resolutions of supreme courts, and departmental instructions of the two states. Particular attention is paid to the divergence of law enforcement practice regarding the qualification of illicit trafficking in improvised explosive devices, the definition of criteria for the «fitness» of objects for explosion, and the delineation of competencies between state and private forensic experts. The paper details the algorithms for appointing and conducting explosive expertise, analyzes typical investigative errors, and proposes ways to unify expert methodologies within the framework of interstate cooperation. The relevance of the study is due to the need to harmonize approaches to combating transnational terrorism and illicit arms trafficking in the Eurasian space.
Year of release: 2025
Number of the journal: 4(100)
Heading: Law

Tactics of Defense Attorney Participation in the Conduct of Investigative Actions under the Legislation of the Republic of Kazakhstan
Annotation: The article examines the tactics of the defense attorney’s participation in investigative actions within the criminal procedure of the Republic of Kazakhstan. It analyzes the organizational and legal aspects of the defender’s role, the specifics of interaction with pre-trial investigation bodies, and preparation for procedural actions such as interrogations and confrontations. Special attention is paid to the attorney’s responsibilities in ensuring procedural guarantees for suspects and defendants, documenting violations, monitoring the objectivity of evidence collection, and working with official records. The author highlights that tactical decisions made by the defense attorney significantly influence the fairness and effectiveness of the criminal process. The article concludes that an active and professional defense strategy at the pre-trial stage is essential for safeguarding the constitutional right to legal defense.

Year of release: 2025
Number of the journal: 4(100)
Heading: Law

Legal Analysis and Research on the Practice of Ensuring the Procedural Rights of the Suspect and the Accused in Kazakhstan
Annotation: The presented fundamental research is devoted to a comprehensive theoretical and practical analysis of the mechanisms for ensuring the procedural rights of individuals involved in the orbit of criminal prosecution in the status of suspects and accused within the legal system of the Republic of Kazakhstan. In the context of the phased implementation of a three-tier model of criminal justice, the reform of national legislation, and the total digitalization of legal proceedings, the issues of strict observance of constitutional guarantees of the individual acquire existential significance for building a state based on the rule of law. The article examines in detail the key systemic defects and collisions in the implementation of the right to qualified defense, the excessive use of repressive preventive measures, as well as barriers to accessing fair justice. Special attention is paid to a deep comparative legal analysis of the large-scale changes expected in 2025–2026 in the procedural legislation of neighboring states (the Russian Federation), which allows identifying strategic vectors for the development of regional legal doctrine and proposing scientifically sound ways to implement best practices into the Criminal Procedure Code of the Republic of Kazakhstan (CPC RK). Conceptual and systemic proposals are formulated for improving procedural institutions in order to ensure genuine, rather than declarative, adversarial proceedings and absolute equality of the parties in the criminal process.
Year of release: 2026
Number of the journal: 1(101)
Heading: Law

Legal guarantees for the protection of personal data in the use of artificial intelligence technologies in the Republic of Kazakhstan
Annotation: In the context of digital transformation in the Republic of Kazakhstan, artificial intelligence technologies are increasingly used in public administration and the private sector. Their application involves large-scale automated processing of personal data, which creates additional legal risks for the realization of constitutional rights. The current legislation does not fully take into account the specific features of algorithmic decision-making and profiling. To analyze existing legal guarantees for personal data protection in the use of artificial intelligence technologies and to identify directions for improving the legislation of the Republic of Kazakhstan. The study applies formal legal analysis of regulatory acts, a systemic approach, and elements of legal modeling. It is established that the current regulatory framework provides basic guarantees for personal data protection; however, it requires clarification in the context of automated decision-making and algorithmic processing.
Year of release: 2026
Number of the journal: 1(101)
Heading: Law

Digitalization of the Judicial System of the Republic of Kazakhstan as a Factor in Ensuring Access to Justice and Protection of Human Rights
Annotation: Digitalization of the Judicial System of the Republic of Kazakhstan as a Factor in Ensuring Access to Justice and Human Rights Protection Background: The key problem in implementing digital technologies into the judicial system is the need to balance technological progress with the preservation of the constitutional principles of justice. Despite significant success, risks of digital inequality, fragmented legal regulation, and ensuring the cybersecurity of participants' personal data remain. Objective: The aim of the article is a comprehensive analysis of the impact of digitalization (e-justice) on the accessibility of judicial protection in Kazakhstan, identifying current challenges, and developing recommendations for improving the regulatory framework in the context of the 2025– 2026 reforms. Methods: The study employs systemic, comparative-legal, and predictive methods, as well as an analysis of existing digital platforms ("Court Cabinet," AI analytics) and new legislative acts, including the Digital Code of the Republic of Kazakhstan. Results and Implications: The analysis established that digitalization has significantly expanded access to justice for residents of remote regions and persons with disabilities, and has increased the transparency of the system through automated case distribution and the implementation of AI for undisputed claims. It is proved that by 2026, the formation of a full-fledged e-justice ecosystem requires the adoption of a unified law or the codification of norms on digital processes to strengthen human rights guarantees in the digital environment.
Year of release: 2026
Number of the journal: 1(101)
Heading: Law

Electronic government and digitalization of public administration in Kazakhstan: legal foundations and ways of development
Annotation: In the context of active digitalization of public administration in Kazakhstan, the key task is to create an effective legal framework for the implementation of e-government. This is related to the need to enhance security, protect personal data, and improve coordination between government bodies. Against the backdrop of rapid changes in digital technologies, legal regulation in the field of eservices often lags behind societal needs, creating risks for the effective functioning of the state’s digital infrastructure. The aim of this study is to conduct a comparative legal analysis of the regulations governing egovernment in Kazakhstan, identify key issues in the legal regulation of digital services, and propose solutions aimed at creating a safer and more effective legal framework. The research employs comparative legal, formal-legal, and systemic analysis methods. Key regulatory acts of the Republic of Kazakhstan governing the provision of e-services, such as laws on public services, digitalization, and personal data protection, as well as international approaches in this area, were analyzed. The study revealed that the legal framework of e-government in Kazakhstan requires improvements in data protection, standardization of e-services, and the integration of state platforms into a unified digital system. The practical significance of the work lies in the development of recommendations for improving legal regulation, which will enhance data security, accelerate the process of digitalization, and improve the accessibility of public services for citizens. Keywords: e-government, digitalization, legal regulation, data protection, Kazakhstan
Year of release: 2026
Number of the journal: 1(101)
Heading: Law

Effectiveness of the Protection of Children's Rights in Family Law Relations in the Republic of Kazakhstan
Annotation: The article is devoted to the study of the effectiveness of legal mechanisms for the protection of children's rights in family law relations in the Republic of Kazakhstan in the context of the modernization of state policy in the field of child protection. The relevance of the topic is determined by the persistent risks of family dysfunction, violence, and the insufficient effectiveness of preventive measures. To determine the level of effectiveness of the current system for the protection of minors’ rights and to identify directions for its improvement. The methodological basis of the research includes an analysis of the Constitution of the Republic of Kazakhstan, the Law «On the Rights of the Child» the Code “On Marriage (Matrimony) and Family,” international treaties, as well as a generalization of judicial and administrative practice. The methods of systemic, comparative legal, and formal legal analysis were applied. It has been established that a comprehensive model for the protection of children's rights has been formed in the Republic of Kazakhstan, incorporating judicial, administrative, and preventive mechanisms. Liability for violence and bullying has been strengthened, and the institution of the Commissioner for Children’s Rights is developing. At the same time, problems have been identified, including insufficient coordination among authorities, the weak development of early prevention measures, and the limited awareness of minors about the ways to protect their rights. Increasing the effectiveness of the system is possible through strengthening interagency cooperation, developing preventive programs, and reinforcing the institution of the family as the key environment for ensuring the rights of the child.
Year of release: 2026
Number of the journal: 1(101)
Heading: Law