{"title":"The origins of the formation of international law in Ancient India","authors":"S. Tlepina","doi":"10.32523/2616-6844-2019-129-4-146-159","DOIUrl":"https://doi.org/10.32523/2616-6844-2019-129-4-146-159","url":null,"abstract":"","PeriodicalId":300299,"journal":{"name":"BULLETIN of L.N. Gumilyov Eurasian National University. Law Series","volume":"1002 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133599136","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Relevant problems of the fulfillment of the tax obligation in cash and in-kind, associated with the uncertainty of the legal regime of non-cash money","authors":"K.Yu. Proskurina","doi":"10.32523/2616-6844-2021-137-4-200-215","DOIUrl":"https://doi.org/10.32523/2616-6844-2021-137-4-200-215","url":null,"abstract":"In this article, the author examines the main theoretically and practically significant problems associated with determining the moment of fulfillment of a tax obligation from the point of view of choosing a specific monetary concept (money as a central bank’s obligation, money as a right of claim against a bank, non-cash money as incorporeal thing). The study and presentation of these problems of the current financial legislation of the Republic of Kazakhstan resulted in the author’s conclusions about the need to improve the current legislation of the Republic of Kazakhstan and specific proposal of its change. The author has established the moment of termination and emergence of the right of ownership of cash and non-cash money from the taxpayer and the state when the taxpayer fulfills the tax obligation in relation to each of the considered monetary concepts. As a scientific study has shown, tax disputes about determining the moment of fulfillment of a tax obligation in monetary form and about the moment of the emergence of ownership of non-cash money in the form of taxes from the state are largely related to the uncertainty of the legal regime of non-cash money in the Republic of Kazakhstan (a systematic analysis of the current legislation of the Republic of Kazakhstan allows us to conclude that the legislation of the Republic of Kazakhstan does not provide a definition of money in general and non-cash money in particular). In addition, the author of this research considered the issues unsettled by the norms of the current tax legislation of the Republic of Kazakhstan on the moment of fulfillment of the tax obligation in kind and proposed the author’s concepts of establishing such a moment.","PeriodicalId":300299,"journal":{"name":"BULLETIN of L.N. Gumilyov Eurasian National University. Law Series","volume":"31 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133659610","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Problems of theory and practice of qualification of economic smuggling","authors":"Zh. D. Seilkhanov","doi":"10.32523/2616-6844-2022-138-1-133-142","DOIUrl":"https://doi.org/10.32523/2616-6844-2022-138-1-133-142","url":null,"abstract":"The article discusses the problems of qualification of economic smuggling. The article analyzes theoretical and practical gaps in the conceptual apparatus of this crime. The author conducted a study in the field of legal regulation of illegal movement of goods and other items across the customs border. The article reveals the main features of such problems of qualification of a crime under Article 234 of the Criminal Code of the Republic of Kazakhstan. At the same time, the article highlights the fact that its correct qualification is ensured not only by the application of criminal law norms but also by strict compliance with the criminal procedure law studying the theory and practice of the qualification of economic smuggling. The article considers some critical remarks concerning this point of view, taking into account the peculiarities of establishing the signs of the composition of economic smuggling and the provisions of the legislation, as well as the established expert, investigative and judicial practice. In conclusion, the authors propose ways to solve the studied problems.","PeriodicalId":300299,"journal":{"name":"BULLETIN of L.N. Gumilyov Eurasian National University. Law Series","volume":"552 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131483395","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Official clarification of normative legal acts: the experience of the EAEU countries and gaps in legal regulation of the Republic of Kazakhstan","authors":"A. E. Abdrasulova","doi":"10.32523/2616-6844-2021-136-3-11-20","DOIUrl":"https://doi.org/10.32523/2616-6844-2021-136-3-11-20","url":null,"abstract":"The official clarification of regulatory legal acts is a key stage in the implementation of the provisions and norms of national legislation. Legal regulations cannot provide for all the nuances of life circumstances, which are always more complicated than legal standards. In these circumstances, the respective subjects of legal relations are assisted by such institution as interpretation (clarification) of legal norms, filling in gaps by analogy, which also cannot be implemented without an appropriate interpretation of the rules of law. At the same time, the optimal legal consolidation of such activities in national legislation is of great importance, providing effective legal regulation of the content and procedure for clarifying regulatory legal acts. This paper shows the system of clarification of legal regulations in the Republic of Kazakhstan and the countries of the Eurasian Economic Union (hereinafter-the EAEU), identifies the problems of legislative regulation of this type of activity, suggests measures to improve the legal mechanism for the official interpretation of regulatory legal acts, including laws","PeriodicalId":300299,"journal":{"name":"BULLETIN of L.N. Gumilyov Eurasian National University. Law Series","volume":"16 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134464569","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
G. Kuanaliyeva, Z.M. Bassygarayev, G. K. Shulanbekova, N. Saulen
{"title":"The transition to a «green economy» and some problems of environmental offenses","authors":"G. Kuanaliyeva, Z.M. Bassygarayev, G. K. Shulanbekova, N. Saulen","doi":"10.32523/2616-6844-2019-126-1-138-154","DOIUrl":"https://doi.org/10.32523/2616-6844-2019-126-1-138-154","url":null,"abstract":"","PeriodicalId":300299,"journal":{"name":"BULLETIN of L.N. Gumilyov Eurasian National University. Law Series","volume":"157 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134525031","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Actual problems of detection and disclosure of criminal offenses committed on the Internet","authors":"N. Imangaliyev, L. A. Temirzhanova","doi":"10.32523/2616-6844-2022-138-1-124-132","DOIUrl":"https://doi.org/10.32523/2616-6844-2022-138-1-124-132","url":null,"abstract":"The article examines the problematic issues of identifying and countering criminal offenses committed on the Internet. Analysis of statistical data indicates a significant increase in this type of offenses. The main share of crimes remains unsolved due to the lack of access to stored information on the use of information systems in the databases of Internet providers, social networks and other organizations. In most cases, the attackers are located outside the country where the stolen funds are transferred. The procedural requirements imposed by the legislator do not allow prompt access to them, which entails the loss of evidence, complicates the search for criminals and stolen funds. The author formulated proposals for improving domestic legislation aimed at strengthening public policy measures in terms of protecting the constitutional rights of citizens.","PeriodicalId":300299,"journal":{"name":"BULLETIN of L.N. Gumilyov Eurasian National University. Law Series","volume":"472 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122815100","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The activities of the media in the context of information security","authors":"Y. Kostyanaya","doi":"10.32523/2616-6844-2022-138-1-19-37","DOIUrl":"https://doi.org/10.32523/2616-6844-2022-138-1-19-37","url":null,"abstract":"The article considers the relationship between the activities of the media and ensuring the information security of states based on the analysis of the legislation of the EAEU member states and international experience. This issue is at the intersection of politics and law, in this regard, there was studied the work of political scientists and legal scholars. On the one hand, the article considers the information security of states in the implementation of the media in details and possible infringements of freedom of speech and the press while observing information security. The author proposes to increase the level of freedom of the media in compliance with the basic principles of ensuring the country’s information security. The subject of the study was the norms of national and foreign legislation, doctrinal opinions of domestic and foreign scientists. During the study there were used methods of specific informational, logical and statistical analysis. In the article, the author proposes a definition of information security, expanding its concept in program documents, and makes a proposal to revise some provisions of national legislation in the field of freedom of journalists.","PeriodicalId":300299,"journal":{"name":"BULLETIN of L.N. Gumilyov Eurasian National University. Law Series","volume":"39 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116068655","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Ethic principles of using genetic information during criminal jurisdictional activity","authors":"O. Andreeva, O. A. Zaitsev","doi":"10.32523/2616-6844-2021-136-3-86-97","DOIUrl":"https://doi.org/10.32523/2616-6844-2021-136-3-86-97","url":null,"abstract":"The article considers how the principles of respect for the honor and dignity of the individual and privacy are implemented in the use of genetic information in criminal proceedings. The authors analyzed existed tendencies, directed to increase the extent of federal basis of genetic information due to extension of the list of subjects, liable to compulsory genetic registration, legal regulation of mechanism of using genetic information during criminal trial. The authors concluded that indiscriminate extension of subjects, liable to compulsory genome records, covered by accused (suspected) persons in a committing of a crime, or deposing genome information of acquitted persons in data bases, or deposing genome information of persons, whose criminal cases were closed due to rehabilitative circumstances, do not meet requirements of the protection of their rights and legal interests. It is proven that the production of genetic expert evidence should be proceeded based on court judgment, secured with additional guarantees that this genetic information won’t be revealed out of the investigation of a concrete criminal case. The method of obtaining biometrical materials should include following actions: informing a person about the purpose and means of its obtaining, his/her rights, his/her duties, his/her responsibilities, access conditions to obtained materials, reindefication and restrictions of anonymity or privacy. The storage procedure of genetic information should guarantee the protection of the private life of a person; provide controlled access to it and to biometrical materials by authorities.","PeriodicalId":300299,"journal":{"name":"BULLETIN of L.N. Gumilyov Eurasian National University. Law Series","volume":"5 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121558212","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"International law of refugees - a subset of international human rights law","authors":"Z. Ibragimov, T. Assanova","doi":"10.32523/2616-6844-2019-129-4-131-145","DOIUrl":"https://doi.org/10.32523/2616-6844-2019-129-4-131-145","url":null,"abstract":"","PeriodicalId":300299,"journal":{"name":"BULLETIN of L.N. Gumilyov Eurasian National University. Law Series","volume":"14 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123300591","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Export Controls in the System of National Security in the EAEU Member States and the USA: a Comparative Legal Analysis","authors":"G. A. Menzyuk, B. A. Umitchinova","doi":"10.32523/2616-6844-2019-126-1-173-180","DOIUrl":"https://doi.org/10.32523/2616-6844-2019-126-1-173-180","url":null,"abstract":"","PeriodicalId":300299,"journal":{"name":"BULLETIN of L.N. Gumilyov Eurasian National University. Law Series","volume":"26 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125298031","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}