Bulletin of the Karaganda University. “Law Series”最新文献_第2页

The presence of the “internationality” of international criminal justice 国际刑事司法 "国际性 "的存在

Bulletin of the Karaganda University. “Law Series” Pub Date : 2023-12-30 DOI: 10.31489/2023l4/18-26

Heyong Wang

{"title":"The presence of the “internationality” of international criminal justice","authors":"Heyong Wang","doi":"10.31489/2023l4/18-26","DOIUrl":"https://doi.org/10.31489/2023l4/18-26","url":null,"abstract":"Justice is a perpetual topic for mankind. International criminal justice is generally regarded as criminal justice or global justice in academia, but neither of them can provide comprehensive content for international crimi- nal justice alone. In order to make international criminal justice be correctly understood, both theories must be integrated. But there is tension between the two propositions. In order to bridge the gap between the two theories, it is necessary to build a bridge for the integration of the two theories ― international criminal jus- tice must incorporate the “international” element. “Internationality” is an indispensable element of interna- tional criminal justice. Through the historical investigation of the concepts of “global justice” and “criminal justice”, this paper believes that the International Criminal Court must fully consider the “international” char- acteristics of “individual” embedded in “state” when allocating “negative evaluation” between different cases. The authority of the International Criminal Court can be maintained only when the “internationality” of inter- national criminal justice is fully considered by the International Criminal Court.","PeriodicalId":302577,"journal":{"name":"Bulletin of the Karaganda University. “Law Series”","volume":" 39","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139139791","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}

引用次数: 0

Notary's executive inscription 公证人的行政题词

Bulletin of the Karaganda University. “Law Series” Pub Date : 2023-12-30 DOI: 10.31489/2023l4/106-111

N.R. Maxatov, A.S. Zhamalbekova

{"title":"Notary's executive inscription","authors":"N.R. Maxatov, A.S. Zhamalbekova","doi":"10.31489/2023l4/106-111","DOIUrl":"https://doi.org/10.31489/2023l4/106-111","url":null,"abstract":"In the article, the authors consider the work of a notary as an activity aimed not only at preventing legal con- flicts, but also at assisting in resolving conflicts during the notary's execution of an executive inscription. In this regard, the authors analyze the structure of the legal conflict, as well as the functional and procedural role of the notary in the process of resolving it. Executive inscription, according to the authors, is at the peak of its popularity, acting as an extrajudicial form, it (executive inscription) seeks to help in the restoration of those civil rights that have been subjected to violations, and for this purpose the mechanism is used to recover from debtors in favor of creditors money or property, and the main advantage is that the protection is carried out without mandatory recourse to the court. The theoretical elaboration of the notary's executive inscription is little represented by the works of modern authors. The authors note that although a notary has the right to make an executive inscription according to the indisputable requirements of the creditor, nevertheless notaries practice this notarial action, but not without consequences for themselves","PeriodicalId":302577,"journal":{"name":"Bulletin of the Karaganda University. “Law Series”","volume":" 63","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139139566","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}

引用次数: 0

Legal regulation of the issue and circulation of national and foreign currency in the Republic of Kazakhstan (financial legal and civil legal aspects) 哈萨克斯坦共和国本国货币和外国货币发行和流通的法律规定（金融法律和民事法律方面）

Bulletin of the Karaganda University. “Law Series” Pub Date : 2023-12-30 DOI: 10.31489/2023l4/122-131

K.Y. Proskurina

{"title":"Legal regulation of the issue and circulation of national and foreign currency in the Republic of Kazakhstan (financial legal and civil legal aspects)","authors":"K.Y. Proskurina","doi":"10.31489/2023l4/122-131","DOIUrl":"https://doi.org/10.31489/2023l4/122-131","url":null,"abstract":"The author of this study carried out an analysis of the norms of civil law and financial law in order to deter- mine the subject of legal regulation in terms of the issue and circulation of money denominated in national and foreign currencies. For this purpose, the main regulatory legal acts of the Republic of Kazakhstan in the field of monetary circulation, the basics of payments and money transfers, currency regulation and currency control were studied. Much attention was paid to the scientific works of Kazakh and Russian authors on fi- nancial and civil law in order to study the systems of these branches of law and integrate the legal regulation of monetary circulation and money issue as one of the institutions (sub-branches) of financial law and civil law. When writing this scientific article, the author used both general theoretical and special methods of sci- entific knowledge: methods of analysis and synthesis, the method of comparative legal analysis, the method of hermeneutics, etc. As a result of the research, the set goals and objectives were successfully achieved; the author identified social relations in terms of money issue and money circulation related to the subject of legal regulation of financial law and civil law.","PeriodicalId":302577,"journal":{"name":"Bulletin of the Karaganda University. “Law Series”","volume":" 8","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139140395","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}

引用次数: 0

Comparative analysis of the constitutions of the Republic of Kazakhstan and developed countries of the world 哈萨克斯坦共和国宪法与世界发达国家宪法的比较分析

Bulletin of the Karaganda University. “Law Series” Pub Date : 2023-12-30 DOI: 10.31489/2023l4/33-37

L. K. Amandykova

{"title":"Comparative analysis of the constitutions of the Republic of Kazakhstan and developed countries of the world","authors":"L. K. Amandykova","doi":"10.31489/2023l4/33-37","DOIUrl":"https://doi.org/10.31489/2023l4/33-37","url":null,"abstract":"This article provides an actual comparative analysis of the Constitution of the Republic of Kazakhstan with those of several developed countries, including the United States, Italy, sort of Great Britain, France, Japan, China, Canada, Austria, Germany, and South Korea, which essentially is quite significant. The article examines the similarities and differences in the design and structure of these constitutions, focusing on aspects fairly such as the separation of powers, kind of human rights protections, and the role of the executive branch, which is quite significant. The article concludes that while there essentially are really common elements that can generally be identified across constitutions, such as the establishment of checks and balances and the protection of fundamental kinds of human rights, the specific arrangements may vary depending on historical, cultural, and political factors, which actually is fairly significant. The analysis highlights the importance of ensuring that constitutional arrangements strike a balance between the concentration and distribution of power and specifically safeguard fundamental human rights and freedoms. Ultimately, the effectiveness of any constitutional system depends on its ability to literally adapt to changing circumstances and kind of meet the real needs and expectations of its citizens in a major way. This article provides a useful resource for scholars and policymakers for all intents and purposes interested in basically comparative constitutional law and provides insights into the factors that shape constitutional design and structure in a basically major way. Furthermore, the article specifically sheds light on the definitely unique features and context of the Constitution of Kazakhstan, which provides for a strong parlament with extensive executive powers, in contrast to the presidential and federal systems of government actually found in basically many particularly other countries, which really is quite significant","PeriodicalId":302577,"journal":{"name":"Bulletin of the Karaganda University. “Law Series”","volume":" 3","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139141329","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}

引用次数: 0

Legal issues of protecting the employer's trade secrets 保护雇主商业秘密的法律问题

Bulletin of the Karaganda University. “Law Series” Pub Date : 2023-06-24 DOI: 10.31489/2023l2/147-154

F.M. Syrlybayeva

{"title":"Legal issues of protecting the employer's trade secrets","authors":"F.M. Syrlybayeva","doi":"10.31489/2023l2/147-154","DOIUrl":"https://doi.org/10.31489/2023l2/147-154","url":null,"abstract":"The article defines the measures taken by the employer to protect information constituting a trade secret, the conditions for classifying information as a trade secret. The actions that an employer can take to reduce the internal threat from illegal disclosure of trade secrets are indicated. It is proposed to provide in the employ- ment contract with the head of the organization his obligation to ensure the confidentiality of the information constituting a trade secret, the owner of which is the organization and its counterparties, and responsibility for ensuring the confidentiality of this information. We believe that the condition of the employment contract on non-disclosure of legally protected secrets (state, official, professional or commercial) should be among the mandatory ones in the presence of such types of secrets in the organization and if the employee is admitted to the relevant information in accordance with the procedure established by law. It is also proposed to provide in the Labor Code of the Republic of Kazakhstan a condition on non-disclosure of information constituting a trade secret even after the termination of the employment relationship, as well as the employee's obligation to compensate the employer for damage in case of disclosure of this information. The necessity of developing a set of legal norms is justified, in which it is necessary to determine the limits of the agreements of the parties and the level of compensation for the employee. The author believes that the property interests of the owner of the rights to trade secrets must be protected within the framework of labor legislation, namely, to introduce elements of civil liability, and in the case of disclosure of trade secrets after termination of the employment contract – to bring the employee to civil liability for damages through the court.","PeriodicalId":302577,"journal":{"name":"Bulletin of the Karaganda University. “Law Series”","volume":"4 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128902078","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}

引用次数: 0

AML in Kazakhstan: Progress, Challenges and Future Prospects 哈萨克斯坦的反洗钱:进展、挑战和未来前景

Bulletin of the Karaganda University. “Law Series” Pub Date : 2023-06-24 DOI: 10.31489/2023l2/75-81

R. Zhamiyeva, M.G. Albekova

引用次数: 0

Constitutional and legal foundations of the institution of citizenship 公民制度的宪法和法律基础

Bulletin of the Karaganda University. “Law Series” Pub Date : 2023-06-24 DOI: 10.31489/2023l2/21-31

G. Balgimbekova, F. Yerzhanova

{"title":"Constitutional and legal foundations of the institution of citizenship","authors":"G. Balgimbekova, F. Yerzhanova","doi":"10.31489/2023l2/21-31","DOIUrl":"https://doi.org/10.31489/2023l2/21-31","url":null,"abstract":"In this article, based on the study and analysis of the current legislation of the Republic of Kazakhstan and foreign countries, scientific literature in the field of citizenship, current issues of legal regulation of the institution of citizenship are considered. The central place is given to the study of the Constitution of the Republic of Kazakhstan, the Law “On Citizenship of the Republic of Kazakhstan”, foreign experience of the constitutional and legal regulation of citizenship is considered. The article shows that the institution of citizenship is of fundamental importance for the development of the state and society, the formation of civil society. The authors note that one of the main problems of the theory and practice of constitutionalism is the development and ensuring of human rights and freedoms through the constitutional institution of citizenship. The issues of constitutional and legal regulation of citizenship in the legislation of the Republic of Kazakhstan and foreign countries have been studied. The authors present the main points of view on the issues of defining the concept of citizenship, identifying its essence and significance in the constitutional and legal construction. Conclusions are drawn, in particular, that the Constitution of the Republic of Kazakhstan as a whole corresponds to the world trends in the development of constitutional law, due to the general globalization and internationalization of law. As one of the directions for further improvement of the constitutional and legal legislation, a proposal was formulated to include in the constitutional and legal legislation a provision on the generally recognized principles and norms of international law on human rights.","PeriodicalId":302577,"journal":{"name":"Bulletin of the Karaganda University. “Law Series”","volume":"72 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"120907750","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}

引用次数: 0

Identification by internal affairs bodies of the causes of offenses in domestic violence in Kazakhstan 由内务机构查明哈萨克斯坦家庭暴力犯罪的原因

Bulletin of the Karaganda University. “Law Series” Pub Date : 2023-06-24 DOI: 10.31489/2023l2/82-91

A. Yessentemirova, S. Surkova

{"title":"Identification by internal affairs bodies of the causes of offenses in domestic violence in Kazakhstan","authors":"A. Yessentemirova, S. Surkova","doi":"10.31489/2023l2/82-91","DOIUrl":"https://doi.org/10.31489/2023l2/82-91","url":null,"abstract":"This work is devoted to the study of the main points on the identification by law enforcement agencies of the causes of offenses in domestic violence, which in the future can become preventive measures in the field of family and domestic relations. The main purpose of the study is to develop basic proposals for the further work of law enforcement agencies in identifying and reducing domestic violence in families. The study showed the need to adopt rules for the interaction of law enforcement agencies with victims of domestic vio- lence and aggressors. For a detailed study of the research topic, the main directions for researching the con- cepts of victimization, the latency of domestic violence and prevention in this area were chosen. In order to avoid shortcomings in the recommendations for improving legislation on the prevention of domestic violence in the Republic of Kazakhstan during the study, these articles are based on the experience of foreign countries and doctrine. The scientific study has a number of results, which are as follows: systematization of the behav- ior of subjects of domestic violence for the further prevention of crimes in the field of domestic violence, as well as the importance of factors influencing the commission of unlawful acts in family and domestic relations. The creation of an effective mechanism for the prevention of domestic violence will reduce the level of offenses in this area, as well as increase the level of trust in law enforcement agencies in the area under study","PeriodicalId":302577,"journal":{"name":"Bulletin of the Karaganda University. “Law Series”","volume":"135 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116847289","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}

引用次数: 0

Comparative legal analysis of certain provisions of the legislation of the Republic of Kazakhstan and Ukraine on the adoption of a child 对哈萨克斯坦共和国和乌克兰关于收养儿童的立法的某些条款进行比较法律分析

Bulletin of the Karaganda University. “Law Series” Pub Date : 2023-06-24 DOI: 10.31489/2023l2/116-126

L. Aliyeva, Y. Klyuyeva

{"title":"Comparative legal analysis of certain provisions of the legislation of the Republic of Kazakhstan and Ukraine on the adoption of a child","authors":"L. Aliyeva, Y. Klyuyeva","doi":"10.31489/2023l2/116-126","DOIUrl":"https://doi.org/10.31489/2023l2/116-126","url":null,"abstract":"In the framework of this research, some features of the institution of adoption of a child in the Republic of Kazakhstan and Ukraine are considered. The authors analyze the legal concept of “adoption”, the composi- tion of the persons involved in the adoption of a child in civil proceedings. Questions about persons who are subject to adoption and persons who may act as adoptive parents according to the legislation of each of the states are considered. Attention was paid to various scientific views available in the doctrinal sources regard- ing the definition of “adoption”. The authors draw attention to the fact that, according to some similar provi- sions of the institution under consideration, there are still certain differences in the norms of Kazakhstan and Ukrainian legislation. The analysis of legal norms regulating the procedure for considering cases of adoption of a child in the courts of the Republic of Kazakhstan and Ukraine was conducted. The methodological basis of this scientific work was a dialectical, systemic, comparative legal, normative and other methods of cogni- tion. The norms of basic international legal acts governing this area of relations are taken into account. The article also discusses the possibility of reducing the age of 10, the child to be adopted in the Republic of Ka- zakhstan in order to receive his consent to adoption","PeriodicalId":302577,"journal":{"name":"Bulletin of the Karaganda University. “Law Series”","volume":"13 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117162306","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}

引用次数: 0

Medical service as a civil law category 医疗服务作为民法范畴

Bulletin of the Karaganda University. “Law Series” Pub Date : 2023-06-24 DOI: 10.31489/2023l2/107-115

M.Yu. Prudnikova

{"title":"Medical service as a civil law category","authors":"M.Yu. Prudnikova","doi":"10.31489/2023l2/107-115","DOIUrl":"https://doi.org/10.31489/2023l2/107-115","url":null,"abstract":"The main focus of a developed state is to protect the health of the nation by providing the conditions for its maintenance and restoration. Currently, Kazakhstan has laid an impressive foundation for regulating relations in the field of medical care in the best traditions of world standards; much has been done to ensure the right of citizens to receive quality medical care. However, despite the relative formation of the legal framework for regulating the medical services market, there is still some uncertainty in the civil law regulation of relations that develops regarding the provision of such services. The purpose of the study is to analyze the legal nature of medical services as an object of civil rights. The author considers the specific features, summarizes the main legal features that determine its essence and substantiates their significance. Special attention is paid to the importance of the object features of medical services in the formation of the subject of the contract for the provision of medical services. The study of the nature of medical services as a civil legal category allowed the author to assess the effectiveness of the current norms, summarize a number of legal problems, and justify the relevance of their resolution for the practice of law enforcement. The issues investigated by the author in the article seem relevant in the context of the modernization of healthcare legislation and the constant updating of civil legislation regulating service contracts","PeriodicalId":302577,"journal":{"name":"Bulletin of the Karaganda University. “Law Series”","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128399989","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}

引用次数: 0