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

{"title":"Collaboration, сompliance and tax intermediaries: the case of banks.","authors":"G.T. Nurbekova, M. Greggi","doi":"10.31489/2023l2/6-13","DOIUrl":"https://doi.org/10.31489/2023l2/6-13","url":null,"abstract":"The purpose of the study is to assess the role of second-tier banks in the system of financial and tax interme- diation, to identify the relationship between legal regulation and the actual state of cooperation between tax authorities and commercial banks, compliance with laws and regulations in the field of compliance, as well as compliance with appropriate standards of conduct, both for banks and tax authorities bodies. Features of the interaction between banks and tax authorities are the implementation of mandatory instructions and the provi- sion of the necessary information by banks for state revenue authorities. Cooperation and interaction of the tax authorities with banks is established in the Tax Code of the Republic of Kazakhstan. The current tax and banking legislation does not adequately define the status of banks in tax administration. The Tax Code of the Republic of Kazakhstan in general terms defines the rules for cooperation and interaction between second-tier banks and tax authorities, but banking legislation in this regard bypasses this issue. In scientific terms, ap- proaches to disclosing the essence of financial intermediation of banks are ambiguous. Cooperation in the field of taxation, objectively established in the course of the historical development of the tax system, finds its legal consolidation and design, which is studied in this scientific work. In this regard, the article defines the legal status of banks in legal relations with the tax authorities, the role of banks as financial intermediaries in tax relations. This study also carried out a general analysis of potential and actual participants in tax legal re- lations, the list of which does not include banks. The research methodology was composed of analytical, sys- tematic, formal-legal methods. The theoretical basis was the works of scientists on financial, tax and banking law. The conclusions made in the course of this study can be used in further research in these areas of law, as well as for the purposes of improving tax intermediation in the current legislation of the Republic of Kazakh- stan.","PeriodicalId":302577,"journal":{"name":"Bulletin of the Karaganda University. “Law Series”","volume":"35 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":"131921905","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":"Legal regulation of public-private partnership","authors":"A. A. Kurmanov, S.B. Kurmanova","doi":"10.31489/2023l2/101-106","DOIUrl":"https://doi.org/10.31489/2023l2/101-106","url":null,"abstract":"The development of public infrastructure requires the use of various forms of interaction between private business and the state. Among such facilities is a public-private partnership. Public-private partnership gives positive results, such as attracting investments, saving budget resources, stimulating competition and entre- preneurial activity, thanks to its successful application in many developed countries, its regulation has found its place in the country's regulatory legal acts. Thus, according to Kazakh Public-Private Partnership Center, 786 public-private partnership agreements have been concluded in the field of education alone until June 1, 2020. This represents 56 percent of all contracts concluded. The purpose of the article is to analyze the legal aspects of regulation of public-private partnership. In the article, the author comprehensively explores, formu- lates and reveals the content of the principles of legal regulation of public-private partnership. On this issue, the existing positions in the scientific literature will be analyzed; their new ideas on this issue will be consid- ered. The normative acts of international organizations, as well as the EAEU countries, economies of which are closely interconnected, are analyzed. It is proved that such principles as the initial principles, provisions expressing the essence of the institution of public-private partnership should be legislatively fixed to ensure uniformity of legal regulation. As a result of the work carried out, the mechanisms of legal regulation will be disclosed, compared with the experience of other countries, the advantages and disadvantages will be dis- cussed.","PeriodicalId":302577,"journal":{"name":"Bulletin of the Karaganda University. “Law Series”","volume":"168 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":"133518731","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":"Ethical issues of surrogacy","authors":"M.A. Seidinova","doi":"10.31489/2023l2/139-146","DOIUrl":"https://doi.org/10.31489/2023l2/139-146","url":null,"abstract":"The global market for commercial surrogacy is growing at a significant pace. Every year, thousands of wom- en agree, for a fee, to bear a child for another woman. As a result, thousands of children are born conceived by one woman, but claimed by another. The central argument of this article is that surrogacy should be ap- proached as a complex commercial, ethical, legal relationship. At the moment, there is an active international trade in uterus, sperm and eggs. There are rapidly advancing medical technologies that have undoubtedly in- creased both the demand for surrogacy services and the supply from surrogate mothers. But the fundamentals of the market rule governing surrogate motherhood, norms, laws are developing much more slowly. Some states, such as the USA, France, Germany, Austria regulate issues related to surrogacy mainly in the form of a ban; other states create the most liberal legislation, such as India, Russia, Kazakhstan. In the article, the au- thor concluded that he divided the ethical and moral issues of surrogacy into two camps of all countries in the world: supporters and opponents who compare it with the slavery of women. The necessity of establishing se- curity measures to ensure that there will be no exploitation of women in a difficult financial situation in this transaction is justified.","PeriodicalId":302577,"journal":{"name":"Bulletin of the Karaganda University. “Law Series”","volume":"14 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":"123716903","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":"Legal regulation of the status of a teacher in international acts and legislation of foreign countries","authors":"D. Abdakimova","doi":"10.31489/2023l2/14-20","DOIUrl":"https://doi.org/10.31489/2023l2/14-20","url":null,"abstract":"The article is devoted to the analysis of the legislative regulation of the status of a teacher in various legal systems and international law. In particular, universal and regional specialized acts in the field of fixing the status of a teacher and his social guarantees, as well as the features of such regulation in some foreign legal systems are considered. The author in his scientific study analyzes the international acts of the United Na- tions, the International Labor Organization, UNESCO in the field of registration of the teacher's status. Par- ticular attention is paid to the countries whose education systems occupy leading positions in the ranking of countries: Finland, China. The Finnish education system occupies a leading position in terms of the level of school education, the experience of which is analyzed by the world educational community as a “Finnish phenomenon”. A scientific study of the teacher's status was carried out using data from international ratings, such as the Global Teacher Status Index, PISA (Programme for International Student Assessment). The au- thor focuses on the activities of independent professional associations for the protection of teachers' rights in foreign countries and their role in strengthening the status, providing social guarantees, and protecting rights. A critical analysis of the principles of the activities of the Kazakhstan Branch Trade Union of Educational and Scientific Workers for compliance with its generally accepted standards of the International Trade Union Confederation has been carried out. The article assesses the law of the Republic of Kazakhstan “On the status of a teacher” from the position of compliance not only with international law standards, but also with the re- quirements of modernity.","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":"129070225","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":"Legal means of fight against corruption in the civil service system","authors":"O. Ramashov, K. Mussin","doi":"10.31489/2023l2/51-57","DOIUrl":"https://doi.org/10.31489/2023l2/51-57","url":null,"abstract":"In the article, the authors study the legal means of fight against corruption in the context of modern requirements, including all components that directly or indirectly affect the reduction of its level: anti- corruption policy is reflected as a consistent and systematic activity of the state and civil society institutions aimed at the development and sustainable implementation of comprehensive measures to prevent, limit and eliminate this negative phenomenon. Reducing the manifestations, causes and conditions that cause corruption; the creation of law is considered as the final stage of legal formation, during which the main goal is to analyze and evaluate the existing legal reality, views and concepts about the future of Legal Regulation, the formation of the legal foundations of anti-corruption policy. Implementation of law as a targeted activity of subjects of anti-corruption legal relations to implement the norms of anti-corruption legislation; legal incentives as a means of influencing corruption manifestations; the conceptual apparatus of legal restrictions, which perform the function of deterrence when influencing corruption relations, has been clarified. It is proposed to define the definitions of “corruption”, “anti-corruption policy”, “legal instruments”. Considering the nature, dual nature of corruption, the direction of systematization of the types and forms of its manifestation is determined. In the fight against corruption, the formulation of the purpose and content of its basic principles and legal means of fight against corruption was considered, allowing to determine specific areas of activity of the state and society.","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":"126147710","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":"Formation of the state language as the language of the law","authors":"R.A. Tokatov, G. Ilyassova","doi":"10.31489/2023l2/92-100","DOIUrl":"https://doi.org/10.31489/2023l2/92-100","url":null,"abstract":"The article discusses the consequences of translating the text of laws into the state language after their devel- opment and adoption in the official Russian language in our country. The authors are convinced that raising the status of the state language is of paramount importance, acting as one of the principles that give stability to the sovereignty of the state. As is known, in law enforcement practice, difficulties arise in the application of incorrectly translated articles from Russian into Kazakh in the text of laws. As an example, the authors have identified some incorrect translations that do not correspond to the principle of authenticity in the texts of the Civil Code of the Republic of Kazakhstan (general part), the Civil Code of the Republic of Kazakhstan (special part), the Entrepreneurial Code of the Republic of Kazakhstan, the Law of the Republic of Kazakh- stan “On Charity” in Russian and Kazakh, and offer correct translations in the state language in the texts of laws. It is concluded that the reason for the incorrect translations is the non-compliance in the legislative pro- cess with the requirements of legal technology, including the requirements of legal linguistics for the transla- tion of legal terminology. The authors propose legal mechanisms for the formation of the state language as the language of the law, by analyzing the identified erroneous translations from the texts of laws in the Ka- zakh language. In conclusion, the necessity of solving the issue of the formation of the state language as the language of the law is justified only by establishing such a mechanism of legal regulation.","PeriodicalId":302577,"journal":{"name":"Bulletin of the Karaganda University. “Law Series”","volume":"35 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":"128345079","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":"Voluntariness as a “cross-cutting” principle of marriage relations in the Republic of Kazakhstan (some private-legal and public-legal aspects)","authors":"T. Zhunussova","doi":"10.31489/2023l2/127-138","DOIUrl":"https://doi.org/10.31489/2023l2/127-138","url":null,"abstract":"The article presents a theoretical analysis of some controversial aspects of the legislative provision of the principle of voluntary marriage in Kazakhstan, which is investigated in the necessary “triad”: voluntary mar- riage, voluntary stay in marriage and voluntary termination of marital relations. The legislator's explicit em- phasis on voluntariness, exclusively, as a principle of marriage leads to the fact that it is significantly leveled in the other two manifestations of this “triad”. The author analyzes the normative provisions of the marriage and family legislation of the Republic of Kazakhstan, other normative legal acts of national legislation, as well as a comparative legal study of the regulatory regulation of certain private issues in neighboring coun- tries, on the basis of which some violations of the principle of voluntariness in the norms of domestic mar- riage and family legislation are illustrated. At the same time, the continuing trends of domestic legislation to- wards the presence of norms with pronounced gender asymmetry, which currently has no objective socio- legal justification, are revealed. The conflict-causing potential of the remaining legislative prohibitions in matters of divorce, which do not contribute to ensuring the principles of marriage relations in the Republic of Kazakhstan, is argued, and options for correcting legislative prescriptions are proposed in order to significant- ly reduce it.","PeriodicalId":302577,"journal":{"name":"Bulletin of the Karaganda University. “Law Series”","volume":"53 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":"127270460","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":"Comparative study of the legal regulation of international cooperation in the field of criminal justice in the Eurasian space","authors":"N. Sidorova, A. Serikbayev","doi":"10.31489/2023l2/32-41","DOIUrl":"https://doi.org/10.31489/2023l2/32-41","url":null,"abstract":"The purpose of this study is a comparative legal analysis of international legal and domestic norms governing international cooperation in criminal proceedings in the Eurasian space, identify gaps and conflicts, formulat- ing proposals for the harmonization and unification of the legal foundations of cooperation. The methodolog- ical basis of this work was a systematic approach to comparative analysis, reflecting the state of legal regula- tion of international cooperation in criminal proceedings at the international and domestic levels, combined with a theoretical and legal study of the identified problems. In a separate direction, the authors extracted the “unique” norms of the criminal procedure codes of the states of the region, substantiating their progressive- ness and formulating proposals for their extrapolation into international treaty norms and the domestic law of states. The study led to the conclusion about the heterogeneity of the legal regulation of international coopera- tion in criminal proceedings and the multi-level implementation of international norms. The main results of the study are the identification of existing gaps and conflicts, the formulation of clear proposals for their elim- ination, as well as for the improvement of existing legal norms. The main conclusion that the authors formu- lated in the process of working on the topic is the actualization of the revision of international treaties govern- ing cooperation in the field of criminal proceedings (legal assistance in criminal cases), their innovation and further implementation in the domestic law of the states of the Eurasian region.","PeriodicalId":302577,"journal":{"name":"Bulletin of the Karaganda University. “Law Series”","volume":"14 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":"116775620","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":"Artificial intelligence as part of digitalization of electric transport and agricultural engineering in the Kazakhstan and international law in the future","authors":"М.A. Sarsembayev, B.S. Karazhan","doi":"10.31489/2023l2/42-50","DOIUrl":"https://doi.org/10.31489/2023l2/42-50","url":null,"abstract":"The purpose of the proposed study is to show the worldwide and domestic relevance of such a phenomenal fact as artificial intelligence at the present time. To a certain extent, it can replace a person by responding with human speech as an operator to questions asked to him, perform production actions at industrial, ma- chine-building plants, participate in the production of electric vehicles, unmanned vehicles and agricultural machinery, drive unmanned vehicles, tractors, combines. Artificial intelligence is already being introduced into the production processes of transport and agricultural machinery plants of the Republic of Kazakhstan. In the future, artificial intelligence technologies will be used to a large extent in all spheres of public life in Ka- zakhstan, including in all branches of mechanical engineering. The introduction of these technologies in our country will be facilitated by the legislative acts of the Republic of Kazakhstan proposed and analyzed by the authors. In addition, the same process will be facilitated by international and international legal documents (including those proposed by the authors) on the use and development of artificial intelligence. This scientific article reveals the advantages of artificial intelligence, shows its usefulness for people, countries, and the world community, and suggests ways to limit the mechanisms of artificial intelligence in case they get out of human control.","PeriodicalId":302577,"journal":{"name":"Bulletin of the Karaganda University. “Law Series”","volume":"15 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":"125508484","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":"On the issue of the “ecological corridor” concept","authors":"A. Jantassova","doi":"10.31489/2023l2/68-74","DOIUrl":"https://doi.org/10.31489/2023l2/68-74","url":null,"abstract":"The following scientific paper explores the issue of defining the concept of ecological corridor as a means of protecting Special Protected Natural Areas (SPNA) and objects of the State Nature Reserve Fund (SNRF). The statutory definition given in Paragraph 22 of Article 1 of the Law of the Republic of Kazakhstan “On Special Protected Natural Areas” (hereinafter referred to as the SPNA Law) does not accurately reflect the es- sence and features of ecological corridors, or their main purpose. A number of legislative rules on environ- mental corridors contained in Article 81 of the SPNA Law and relevant resolutions of the Government of the Republic of Kazakhstan require adjustments as well. The paper gives a brief historical overview of the devel- opment of rules on ecological corridors within the environmental legislation of the Republic of Kazakhstan, as well as the process of establishing ecological corridors. The study has revealed very little attention paid both in Kazakhstan’s legislation and legal science to the definition of the concept of ecological corridor. Meanwhile internationally, based on the spatial culture model Patch-Corridor-Matrix by scientists R. Forman and M. Gaudron, they are explored in a whole multitude of scientific papers and separate regulatory legal acts (e.g., in the Kyrgyz Republic). The issues of establishing ecological corridors have been elaborated only in a few studies by landscape ecology and geoecology reps. Based on the analysis of the provisions of the EC RK, the SPNA Law, and other sources of Kazakhstan and foreign law, as well as scientific approaches to the is- sues of defining and establishing ecological corridors, terminology of landscape ecology and recommenda- tions have been developed to improve Paragraph 22 of Article 1, Paragraphs 1 and 2 of Article 81 of the SPNA Law, as well as to develop new regulatory legal acts.","PeriodicalId":302577,"journal":{"name":"Bulletin of the Karaganda University. “Law Series”","volume":"49 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":"134269135","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}