Bulletin of the Karaganda University. “Law Series”最新文献

{"title":"Agreement on legal assistance: legal regulation of the “success fee” in the Republic of Kazakhstan","authors":"S. Zhamburbayeva","doi":"10.31489/2023l4/112-121","DOIUrl":"https://doi.org/10.31489/2023l4/112-121","url":null,"abstract":"The article is devoted to the study of the current legal regulation of the contract for the provision of legal as- sistance in the Republic of Kazakhstan, namely, the prohibition of the legislator on contracts that make the amount of payment for legal assistance provided by advocates dependent on the outcome of the case or the success of advocacy, also referred to as “success fees”, or contracts under which the lawyer receives part of the awarded amount. The paper draws attention to the difference between the regulation of the procedure for concluding paid contracts by advocates / lawyers and legal consultants, despite the fact that these subjects are equally admitted by the legislator to representation in civil proceedings. The author conducted a study and analysis of the opinions of various authors in order to understand the possible reasons for such a categorical point of view of the legislator in relation to the “success fee”, a comparative analysis is carried out between the norms of the Anglo-Saxon and Romano-Germanic systems of law in relation to this type of payment for services and remuneration, and also assesses the risk of the principal's refusal to fulfill his duty to payment for services rendered by a representative after receiving the desired positive result. In order to improve the Law “On Advocacy and Legal Assistance”, the author summarizes the need to introduce appropriate positive changes.","PeriodicalId":302577,"journal":{"name":"Bulletin of the Karaganda University. “Law Series”","volume":" 2","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139137718","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":"Improving the lawmaking activities of executive authorities","authors":"N.S. Akhmetova, A. I. Birmanova","doi":"10.31489/2023l4/38-44","DOIUrl":"https://doi.org/10.31489/2023l4/38-44","url":null,"abstract":"Lawmaking is the most important function of the executive authorities, through which their activity is manifested, aimed at the qualitative development of Kazakh society and the performance of all other functions of the state. The article examines the features of subordinate lawmaking, which are due to the multiplicity of the system of executive authorities. It is noted that the nature of subordination relations between them also affects the legal nature of the legal acts issued by them and the requirements imposed on them. The main goal of improving subordinate lawmaking is the creation and functioning of a unified, internally consistent, consistent system of legal norms. The main content of the article is to disclose the content of the concept of “legal monitoring” in relation to the law-making of executive authorities of different levels. The legal regulation of one of its most important tools, the analysis of regulatory impact, is critically investigated. The authors propose to introduce into the law-making terminology the categories “legal requirements for management acts” and “subjects of law formation” as components of the lawmaking process of executive authorities. This may become a new stage in the study of lawmaking processes, and also contributes to the emergence of new approaches to the study of the phenomenon of law education. The novelty of these approaches is due to the emergence of new regulatory instruments in the practice of domestic legal education that meet the needs of the lawmaking mechanism of modern Kazakhstan. This will allow us to reach a new level of lawmaking support for state policy, increase the level of legal culture and, in general, the rule of law.","PeriodicalId":302577,"journal":{"name":"Bulletin of the Karaganda University. “Law Series”","volume":" 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139138768","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":"Corruption crimes: trends in methodological and forensic support of investigations","authors":"A. Khlus","doi":"10.31489/2023l4/45-53","DOIUrl":"https://doi.org/10.31489/2023l4/45-53","url":null,"abstract":"The state and prospects for the development of forensic science in the aspect of developing methods for in- vestigating crimes are considered. Attention is focused on the current trend in the formation of methods, the content of which are general methodological recommendations intended for the investigation of several dif- ferent types of crimes, combined into a single group based on similar characteristics. It seems that the pres- ence of common features in different types of crimes determines the possibility of constructing integrated in- vestigative techniques. Their construction involves the initial identification of general criminal law and foren- sic classification characteristics of crimes. The actualization of the interest of the scientific community in terms of the formation of theoretical knowledge and the construction of integrated investigative methods did not contribute to the development of unity in their name and structural content. There is an understanding of the need to conduct a classification analysis of a group of crimes for which an enlarged (general, basic, gener- ic, etc. names) methodology for their investigation is being developed. To construct a similar methodology for investigating corruption crimes, it is proposed to be based on the characteristics of the subjects of acts (of- ficials) and the sphere of official activity, which allows us to consider them as the basis for the forensic clas- sification of corruption crimes. The significance of the enlarged (general, basic, group, etc.) methodology for investigating corruption crimes is seen in the fact that it will serve as the basis for developing new and im- proving existing private methods for investigating certain types of corruption crimes.","PeriodicalId":302577,"journal":{"name":"Bulletin of the Karaganda University. “Law Series”","volume":" 9","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139140896","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":"State funds in the light of Polish Financial Law","authors":"Edvardas Juchnevicius","doi":"10.31489/2023l4/27-32","DOIUrl":"https://doi.org/10.31489/2023l4/27-32","url":null,"abstract":"This paper presents a comparative analysis of state special funds in Poland, focusing on their legal dimen- sions within the framework of financial law. State special funds play a vital role in the allocation and man- agement of public resources, serving as targeted financial mechanisms to address specific needs and promote socio-economic development. However, there is limited comparative research examining the legal frame- works and operational aspects of these funds in different jurisdictions. This study aims to fill this gap by con- ducting a comprehensive analysis of state special funds in Poland, providing valuable insights into their legal frameworks, objectives, structures, and operational mechanisms. The research objectives of this study include examining the legal frameworks governing state special funds in both countries, analyzing their objectives and operational mechanisms, identifying similarities and differences, and assessing their effectiveness and challenges. By achieving these objectives, this study aims to contribute to the enhancement of financial law practices in both jurisdictions and provide knowledge for improving the legal frameworks and operational ef- ficiency of state special funds.","PeriodicalId":302577,"journal":{"name":"Bulletin of the Karaganda University. “Law Series”","volume":" 19","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139141507","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":"Some issues of the application of preventive measures in the form of house arrest and detention in criminal proceedings","authors":"B.M. Smatlaev, Ye.K. Daurembekov","doi":"10.31489/2023l4/66-75","DOIUrl":"https://doi.org/10.31489/2023l4/66-75","url":null,"abstract":"Taking into account the current international and national legislation aimed at settling criminal procedural and penal enforcement relations between the participating entities in the pre-trial process, special attention is paid to the process of preventing violations of the constitutional rights and freedoms of persons under house arrest or detention. In this regard, a comprehensive analysis is being carried out of the procedure for choosing preventive measures in the form of house arrest and detention by the criminal prosecution authorities and the investigating judge in relation to the suspect, accused or defendant. Analyzing statistical indicators on the se- lection of preventive measures, in particular house arrest and detention, there is a need to apply an alternative measure of restraint to detention, which is explained by a number of reasons and conditions. As a result, this will allow us to reduce the workload in the penitentiary system, save budget funds allocated for the mainte- nance of a suspect, accused or defendant in a pre-trial detention center, and solve some issues related to social adaptation in the future. In this direction, there is an analysis of the current national legislation at the level of the provisions of the Criminal Procedure Code and the Law of the Republic of Kazakhstan “On the procedure and conditions for the maintenance of special premises in special institutions providing temporary isolation of persons from society”. Based on the generalization and comprehensive analysis of existing regulatory sources, educational, methodological and scientific literature, statistical and legal approaches, the content of the article reflects the position of the authors regarding the improvement of criminal procedural mechanisms for the application of preventive measures in the form of house arrest and detention. These proposals are re- lated, according to the authors, to the development of clear procedural mechanisms for the development of a preventive measure in the form of house arrest in pre-trial proceedings in Kazakhstan.","PeriodicalId":302577,"journal":{"name":"Bulletin of the Karaganda University. “Law Series”","volume":" 37","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139141428","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":"Issues of ensuring the information security of the child in the digital space of the Republic of Kazakhstan","authors":"М.T. Akimzhanova, G.A. Ilyassova","doi":"10.31489/2023l4/88-99","DOIUrl":"https://doi.org/10.31489/2023l4/88-99","url":null,"abstract":"The rapid development of social resources of Internet technologies has led to a sharp increase in the number of users of all ages, among them children, who are consumers of various, including destructive information. Today, modern global trends signal the emergence of new formats of threats and online risks. Children are active users of the global Internet, and most of them are unaware of the danger that information in the virtual space may contain. To be more precise, it is the propaganda of the consumption of alcohol, drugs, violence and cruelty, aggressive and suicidal behavior, etc. The authors identified and gave characteristics of information threats, such as cyberbullying, considered the problems of child suicides that are committed through “death groups” in social networks. We have presented action plans on the part of the state, and also highlighted preventive measures to ensure the information security of the child in the global information space. The article provides examples of solving the problem of information security in the Republic of Kazakhstan and other countries based on a review of publications on this issue, as well as regulatory legal acts of the Republic of Kazakhstan and foreign countries. We have revealed the issues of the need for further study of the problem and the development of preventive measures aimed at preventing the occurrence of information threats and online risks. In order to prevent such offenses, conclusions are drawn about the expediency of developing measures of both social and legal orientation. The results of the study were possible measures proposed by the authors regarding the improvement of the system of legal provision of information security of children in the Republic of Kazakhstan.","PeriodicalId":302577,"journal":{"name":"Bulletin of the Karaganda University. “Law Series”","volume":" 5","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139141168","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 effectiveness of the formation of logistics relations in modern geopolitical conditions, problems and their legal regulation","authors":"R.A. Tokatov, A. Sabyrzhan","doi":"10.31489/2023l4/76-87","DOIUrl":"https://doi.org/10.31489/2023l4/76-87","url":null,"abstract":"The purpose of the research in the article is to study the economic and legal aspects of the transport and transit potential of Kazakhstan, to determine to the state its economic efficiency and the possibilities of legal regulation mechanisms. The research uses fundamental and applied, legal comparisons, legal statistical, system, logical, functional methods of scientific research. The main directions of determining the transport and transit potential of Kazakhstan and the development of law enforcement practice. Foreign experience has been studied, the legal foundations of the legislation of Kazakhstan for the introduction of effective economic and legal mechanisms have been studied. The mechanisms and directions of the formation of legitimate conditions that provide a comfortable opportunity for their development will be studied by studying the circumstances that served as the basis for making a profit to the domestic economy through the development of the transport and transit potential of Kazakhstan. The conclusions drawn as a result of the study are that in order to obtain maximum profit from the state through the development of transport and transit potential of Kazakhstan, it is necessary to create a legal framework regulating the correct and effective use of international transport corridors passing through the territory of the country. Inefficient legal mechanisms in the development of Kazakhstan's transport and transit potential do not allow the application of legal norms. Therefore, it is very important at the present stage to finally consider the basics of legal regulation of logistics relations serving international cargo transportation in Kazakhstan, and pay special attention to conducting scientific research in this direction. The practical significance of the study lies in the fact that in order to develop the transport and transit potential of Kazakhstan, it is necessary to implement the state measures taken and, as a result, create the foundations of socio-economic development. The results of the study will allow improving relations in the provision of logistics services for international cargo transportation for the full use of the transport and transit potential of Kazakhstan.","PeriodicalId":302577,"journal":{"name":"Bulletin of the Karaganda University. “Law Series”","volume":" 21","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139141348","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":"Digitalization of judicial and law enforcement activities in the Republic of Kazakhstan","authors":"N.V. Sidorova, A.M. Serikbayev","doi":"10.31489/2023l4/54-65","DOIUrl":"https://doi.org/10.31489/2023l4/54-65","url":null,"abstract":"The purpose of this study is to analyze the Kazakh model of digitalization of judicial and law enforcement ac- tivities, identify problems, formulate proposals for improving the processes of digitalization and certain as- pects of the introduction of digital technologies in the activities of judicial and law enforcement agencies of Kazakhstan. The methodological basis of this work is the analysis of the main stages of digitalization, as well as a systematic approach to the study of the interdependence of digitalization processes by the functional characteristics of the body implementing digital tools. The use of comparative analysis made it possible to compare the introduced digital technologies with the law enforcement practice of judicial and law enforce- ment agencies, on the basis of the subsequent analysis of law enforcement practice, to formulate the problems of digitalization and proposals for their solutions, directions for the introduction of new digital tools, includ- ing artificial intelligence. A significant part of the research is devoted to the digitalization of criminal justice, in its key importance for the implementation of tasks and functions by judicial and law enforcement agencies of the Republic of Kazakhstan. The conducted research allowed us to conclude about the multilevel legal reg- ulation of digitalization processes and the need to codify the legal norms governing legal relations in this ar- ea, as well as the unification of departmental legal norms. The main results of the conducted research are the identification of existing gaps and conflicts of legal norms on digitalization, the formulation of proposals for their elimination, as well as the designation of directions for further digitalization of judicial and law en- forcement activities in Kazakhstan. The main conclusion that the authors formulated in the process of work- ing on the topic is the updating of the codification of legal norms in the field of digitalization, further integra- tion of existing digital resources of judicial and law enforcement agencies, their innovation for the implemen- tation of new functional support, the phased introduction of artificial intelligence into the criminal justice of judicial and law enforcement agencies","PeriodicalId":302577,"journal":{"name":"Bulletin of the Karaganda University. “Law Series”","volume":" 24","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139138508","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":"Disputes on the termination of the right to land plots: a review of judicial practice","authors":"A.B. Nazaralieva, A.N. Niyazova","doi":"10.31489/2023l4/100-105","DOIUrl":"https://doi.org/10.31489/2023l4/100-105","url":null,"abstract":"The article is devoted to the study of the range of issues arising in the judicial practice on land disputes. Law- suits arising from land legal relations occupy a significant place among ongoing proceedings in the courts of the Kyrgyz Republic. In this connection, it is important to analyze and systematize the existing practice in this area. Of particular interest are the problems arising from the seizure and redemption of land, including for state and public needs. The authors of this study made an attempt to study the proposed issues, give examples of judicial cases of interest, and also suggested possible ways to improve the norms of legislation in this area. In the framework of this study, both general scientific methods and special legal methods, such as formal le- gal and comparative legal methods, were used. Undoubtedly, the issues of termination of rights to land plots, including on the territory of the Kyrgyz Republic, are relevant from the point of view of theoretical research, while also having practical significance. Carrying out analysis and statistics of considered civil, economic and administrative cases, especially related to land legal issues, carried out on an ongoing basis, would contribute to the awareness and legal literacy of the parties for correct and legally verified appeal to the court.","PeriodicalId":302577,"journal":{"name":"Bulletin of the Karaganda University. “Law Series”","volume":" 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139138827","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 legal regulation of digital transformation of agriculture of the Republic of Kazakhstan","authors":"E.S. Kuandykova, D. Baideldinov, T. Hoffmann","doi":"10.31489/2023l4/7-17","DOIUrl":"https://doi.org/10.31489/2023l4/7-17","url":null,"abstract":"In the context of the best world practices the study is an overview of the legal regulation of the process of dig- ital transformation of public administration of agriculture in the Republic of Kazakhstan. The hypotheses of this study are based on the analysis of the legal nature of the world practice of digital transformation of eco- nomic development and international cooperation of modern states. The research revealed that agriculture is a branch of the economy that is particularly in need of the introduction of information and communication technologies and, consequently, the improvement of legal regulation of the activities of public administration in the digital reality. The analysis of state programs and national projects of the Republic of Kazakhstan pro- vides grounds for concluding that the digitalization of the Kazakh economy in agriculture is a priority. The dependence of the effectiveness of digital solutions in the agro-industrial complex on the level of public ad- ministration organization is substantiated: digitalization resources contribute to a more focused and result- oriented public policy through the use of legal monitoring capabilities. Digitalization is a rapidly growing trend in agriculture, when it does not just replace analog technologies traditionally used in practice, but de- velops new development options for effective solutions to problems in the industry, among which the intro- duction of legal mechanisms is of paramount importance. The study contains an analysis of the development of the legal foundations of digitalization in the industry, taking into account the problems at all levels of the process – from the issues of providing agricultural producers with an elementary level of Internet access to increasing the level of legal regulation of state management in the field of digitalization management","PeriodicalId":302577,"journal":{"name":"Bulletin of the Karaganda University. “Law Series”","volume":" 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139139211","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}