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

{"title":"Legal liability for violation of hunting legislation in Russia, Belarus and Kazakhstan","authors":"A. Mukasheva, D.M. Gorokhov, N. Shingel'","doi":"10.31489/2023l2/58-67","DOIUrl":"https://doi.org/10.31489/2023l2/58-67","url":null,"abstract":"The article presents the results of a comprehensive study of the norms on legal liability for violation of the rules of hunting, illegal hunting, established in the three states of the EAEU. The relevance of the issue under consideration is due to the need to improve the theoretical aspects of legal liability for violation of hunting rules, illegal hunting, problems of proper qualification of illegal hunting, viola- tions of hunting rules and related offenses. The main purpose of this study is to establish similar, comparable mechanisms of legal regulation in this area, to identify the specifics of the construction of liability rules in each state, to form common scientific and doctrinal views that justify the need for harmonization and unification of legislation. Conclusions are drawn that currently in Russia, Belarus and Kazakhstan similar legislation is in force, harmonized legal norms and terminology are applied, similar mechanisms of legal regulation of relations arising in connection with the implementation of legal liability for violation of hunting rules, illegal hunting are established. At the same time, differ- ences are highlighted in establishing administrative and criminal liability, positive experience in building norms is noted, and its application in other states is proposed","PeriodicalId":302577,"journal":{"name":"Bulletin of the Karaganda University. “Law Series”","volume":"39 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":"115554153","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":"Alimony payment agreement: problems of theory and practice","authors":"L.Zh. Shadanova","doi":"10.31489/2023l2/155-161","DOIUrl":"https://doi.org/10.31489/2023l2/155-161","url":null,"abstract":"The article is devoted to the study of the legal nature of the alimony payment agreement as a civil transaction between the alimony payer and the alimony recipient. The alimony payment agreement is concluded out of court and the norms of the Civil Code of the Republic of Kazakhstan and apply to the conclusion, execution, modification, termination and invalidation of the alimony payment agreement. The article discusses the theoretical and practical problems of legal regulation of the institution of an agreement on the payment of alimony. The essential conditions of the alimony contract, the procedure for concluding, changing, and terminating the contract are analyzed. Attention is focused on the problems of defining the concept of an agreement on the payment of alimony, the legal nature of the contract, the definition of the actual parties to the agreement, the legal status of the legal representatives of the parties. The purpose of the study is to study the theory and analysis of the legal norms governing the conclusion of an agreement on the payment of alimony, notarial practice for the certification of this agreement and judicial practice for the consideration of disputes related to the contestation, modification, termination, execution of this agreement. As a result, the author gives his own definition of the concept of an agreement on the payment of alimony as a civil transaction concluded between a person obliged to pay alimony and a recipient of alimony on the amount, conditions, procedure and method of payment of alimony","PeriodicalId":302577,"journal":{"name":"Bulletin of the Karaganda University. “Law Series”","volume":"9 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":"121024870","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":"Participation of the state and state bodies in public law and private law relations","authors":"М.К. Suleimenоv","doi":"10.31489/2023l1/75-85","DOIUrl":"https://doi.org/10.31489/2023l1/75-85","url":null,"abstract":"The article analyzes the participation of the state in legal relations as a subject of public and a subject of pri- vate law. It is proved that in public relations the subject of law is only the state, and not state bodies, as is usually stated in the legal literature. The relations of state bodies with each other are intra-subject relations and are governed by special rules of law that are not included in the existing branches of law. With these norms, state bodies are endowed with special legal personality (only for relations between themselves). In in- ternational public relations, the state has sovereignty and immunity from prosecution. However, in interna- tional private relations, the doctrine of limited immunity operates. Kazakhstan's attempts to preserve absolute immunity for itself are unreasonable and contrary to international treaties ratified by Kazakhstan. In internal public relations, the state is the subject of law. In private relations, the state acts as a subject of law when it is directly involved in civil law relations. State bodies can be a subject of law only when they act on their own behalf as legal entities in the organizational and legal form of a state institution","PeriodicalId":302577,"journal":{"name":"Bulletin of the Karaganda University. “Law Series”","volume":"118 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127126495","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":"Рrevention of crimes of corruption in the process of their investigation","authors":"A. Khlus","doi":"10.31489/2023l1/49-57","DOIUrl":"https://doi.org/10.31489/2023l1/49-57","url":null,"abstract":"The activity of the investigator to prevent corruption-related crimes at the stage of their investigation is con- sidered. An analysis of the state, aspirations and trends of this activity was carried out. Attention is drawn to the insufficient effectiveness of the actions of the investigator regulated by law in the aspect of the implemen- tation of measures to prevent corruption crimes. In accordance with the Code of Criminal Procedure of the Republic of Belarus, the investigator is obliged to identify the causes and conditions that contributed to the commission of corruption crimes. In the future, he makes a presentation on the elimination of the identified causes and conditions for the commission of a crime or refrains from such actions, guided by his discretion within the limits of the granted right. In this regard, it is proposed to fix at the level of law the duty of the in- vestigator to take response measures in case of revealing the causes and conditions for the commission of a crime. The author points to the likely directions of investigative activities in connection with the need to pre- vent corruption crimes. One of these areas is the implementation of preventive measures of an individual na- ture in relation to the participants in the criminal process. The objects of preventive action carried out in the course of investigative actions are the suspected (accused), and in some cases other participants in criminal proceedings. Another direction for the implementation of measures to prevent corruption crimes is unfolding outside the investigated criminal case. In this case, the objects of preventive work of the investigator are the organization (institution) in which the corruption crime occurred, its management, as well as an indefinite cir- cle of other persons whose professional or official activities are carried out in this organization (institution). As an independent direction of combating corruption crimes, the author proposes joint preventive activities, the participants of which are investigators who investigated criminal cases of corruption, and a specialized unit of the Investigative Committee. The implementation of preventive activities in these areas seems possible on a regulatory basis, which implies the improvement of the current procedural legislation.","PeriodicalId":302577,"journal":{"name":"Bulletin of the Karaganda University. “Law Series”","volume":"32 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132456470","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":"Regulatory framework of the Strategic doctrine of the Kazakhstan machine building in order to ensure the development of transport and agrotechnical plants","authors":"M. Sarsembayev, B.S. Karazhan, A.E. Yelegen","doi":"10.31489/2023l1/6-16","DOIUrl":"https://doi.org/10.31489/2023l1/6-16","url":null,"abstract":"This article presents a general analysis of the Strategic Doctrine of the creation of high-tech engineering with a section of transport and agricultural machinery from 2023 to 2045, as an act of “soft” law. The new Kazakh laws and international conventions that will be adopted in the medium and long term are considered in detail and analytically. The authors applied the methods of logical analysis, comparative legal analysis, the method of scientific forecasting in relation to future Kazakh laws, regulatory legal acts, international conventions. The regulatory framework, which forms one of the foundations of the Strategic Doctrine, is divided into the future legislative framework for the automotive industry, railway engineering, agricultural engineering and the norms of existing and new international conventions on digitalization, automation, robotization of the production of automobile, railway, agricultural machinery plants","PeriodicalId":302577,"journal":{"name":"Bulletin of the Karaganda University. “Law Series”","volume":"95 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127593120","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 formation of the system of proprietary rights in the field of subsoil use","authors":"К.М. Ilyassova, G. T. Kaziyeva, Y.B. Ossipov","doi":"10.31489/2023l1/86-95","DOIUrl":"https://doi.org/10.31489/2023l1/86-95","url":null,"abstract":"The article is devoted to the formation of proprietary rights in the field of subsoil use. It is noted that the for- mation of a system of property rights in this area is due to the needs of civil turnover in satisfying certain in- terests. It is proved that the system of property rights in the sphere under consideration is currently unable to meet existing needs and needs further improvement. It is also recognized that the general provisions on prop- erty rights in the Code of the Republic of Kazakhstan dated 27.12.2017 “On Subsoil and Subsoil Use” (here- inafter referred to as the Subsoil Code) do not take into account that, in addition to the right of subsoil use, this Code provides for other legal forms of subsoil use. Accordingly, the system of property rights in this area is not limited to the regime of state ownership of the subsoil, which now belongs to the people on the basis of Article 6 of the Constitution of the Republic of Kazakhstan, and the right of subsoil use for subsoil plots. It is proposed to supplement the system of property rights in the field of subsurface use with an easement for the subsoil or subsurface areas, and also include the right to extract common minerals for purposes not related to entrepreneurial activity among such rights.","PeriodicalId":302577,"journal":{"name":"Bulletin of the Karaganda University. “Law Series”","volume":"422 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124217446","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 conceptualization of administrative and legal regulation in the healthcare sector of the Republic of Kazakhstan","authors":"L. Bogatyreva, B. Taitorina, A.M. Satbayeva","doi":"10.31489/2023l1/17-25","DOIUrl":"https://doi.org/10.31489/2023l1/17-25","url":null,"abstract":"The study analyzed social relations in the field of medical activity, problems of their legal regulation during various periods of formation of these relations. The subject of the study is the source and regulatory frame- work of health care of the Republic of Kazakhstan. The study of the problem was carried out on the basis of an analysis of the historical retrospective of the development of medical law in Kazakhstan from 1913 to the present day, there was given a description and assessment of the main trends in the development of medical law, determined prospects for the development of this branch of law. Based on the study of the phenomenon of health care, the generalization of the theory and practice of international legal and state-legal impact on public relations in the field of health care, an attempt was made to identify and conceptually substantiate the legal foundations for the organization and implementation of legal regulation of the health care system in the Republic of Kazakhstan. The article formulates provisions that develop modern ideas about the essence of le- gal regulation of the health care system. Special attention is paid to the study of the general and political and legal aspects of the formation and development of the health care system, its place and role in the life of soci- ety and functional manifestations in the real state-legal reality of the Republic of Kazakhstan. Modern ideas about the problems of public health management are based on the need to solve the problem of improving the state's capacity in the field of public health","PeriodicalId":302577,"journal":{"name":"Bulletin of the Karaganda University. “Law Series”","volume":"9 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125547661","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 role of law and moral in establishing countermeasures against sexual harassment","authors":"D.M. Saduova, N. Eremenko, R. Botagarin","doi":"10.31489/2023l1/38-48","DOIUrl":"https://doi.org/10.31489/2023l1/38-48","url":null,"abstract":"Since sexual harassment is prevalent amongst women and becoming common amongst the middle school children, there is more demand for legal action. Surveys conducted by non-profit organizations show a high level of victimization, but there are often cases of constant concealment, silence about such facts of offenses. This article aims to discuss the role of law and morale in dealing with sexual harassment. On the one hand, it discusses the nature of legal definition of harassment and the difficulty in proving the act due to the presence of a subjective component. Inability to enforce the law will turn it merely into a symbolic measure. On the other hand, lack of law enforcement does not mean that the norm on sexual harassment will not have a deterrent effect. The existence of a legal norm will avert the crime, yet it will be difficult to measure the number of prevented offences. Equally important is to highlight that sexual violence is common place amongst the middle school children across the globe and gaining visibility in Kazakhstan. For that reason, the article discusses advantages and limitations of various interventions that aim to prevent sexual harassment in schools. With many interventions being of single program character, authors recommend systematic strategies that tackle harassment on the individual, family, and community level.","PeriodicalId":302577,"journal":{"name":"Bulletin of the Karaganda University. “Law Series”","volume":"2016 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134314835","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":"Alimony obligations of spouses and ex-spouses: comparative legal analysis of the legislation of Kazakhstan and some foreign countries","authors":"L.Zh. Shadanova, T.S. Tilep","doi":"10.31489/2023l1/115-122","DOIUrl":"https://doi.org/10.31489/2023l1/115-122","url":null,"abstract":"The article is devoted to the comparative legal analysis of the legal regulation of alimony obligations of spouses and ex-spouses in Kazakhstan and in some developed foreign countries, in particular in Germany, France, the UK, the USA. Based on the research and analysis of the legislation of the Republic of Kazakhstan and foreign countries, the current problems of the material maintenance of spouses and former spouses both during marriage and after the dissolution of marriage are considered. The features of the legislative regulation of alimony obligations of spouses in the countries included in the Anglo-Saxon and continental legal systems are analyzed. Attention is focused on the problems of determining the amount of alimony, the term and pro- cedure for the payment of alimony, as well as the grounds for termination of the alimony obligation. The pur- pose of the study is to conduct a comparative legal analysis of the legal regulation of alimony obligations of spouses and former spouses in the Republic of Kazakhstan and in some countries of the world and on the ba- sis of the study to identify shortcomings of legal regulation, to determine further ways to improve domestic legislation. Based on the study of legislation and law enforcement practice on the settlement of disputes on material maintenance between spouses and former spouses, the authors make proposals aimed at improving the family legislation of the Republic of Kazakhstan.","PeriodicalId":302577,"journal":{"name":"Bulletin of the Karaganda University. “Law Series”","volume":"53 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133657356","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":"Separate features of the implementation of administrative procedures and administrative proceedings in accordance with the Administrative Procedure and Procedure Code of the Republic of Kazakhstan","authors":"A. Karipova, S. Serikbekova, А.Т. Toleubekov","doi":"10.31489/2023l1/26-37","DOIUrl":"https://doi.org/10.31489/2023l1/26-37","url":null,"abstract":"This article discusses certain features of administrative procedures and administrative proceedings when applying the norms of the Administrative Procedural and Procedural Code of the Republic of Kazakhstan dated June 29, 2020 No. 350-VI-ZRK (hereinafter referred to as APPK), which entered into force on July 1, 2021. The purpose of the article is to consider the features of administrative procedures, administrative proceedings and conciliation procedures in resolving public law disputes within the framework of the APC, as well as to analyze certain problematic issues of its application. The study used general scientific, private scientific legal methods of cognition. The authors reviewed and researched the distinctive principles of the implementation of administrative procedures and procedural features of administrative proceedings. With the introduction of the norms of the APC, the procedure for conducting both internal and external administrative procedures by state bodies has been streamlined, as well as administrative proceedings have been separated to resolve public law disputes involving an administrative (state) body or its official. The article touches upon the problems of passive, at the initial stage, application of conciliation procedures in resolving public law disputes by courts. On the example of the existing practice of bringing claims by state regulatory authorities to the court on the application of prohibitive and restrictive measures, it is proposed to transfer the consideration of this category of cases from the Code of Civil Procedure of the Republic of Kazakhstan to the APC, since it follows from public law relations. There is also an unequal position of the parties to a public law dispute in terms of appeal and cassation appeal against judicial acts on disputes of a public law nature under the APC and the Code of Civil Procedure of the Republic of Kazakhstan. At the same time, according to the authors, the introduction of the institute of administrative courts for the consideration of administrative cases and public law disputes should become an effective and efficient means of ensuring the protection of the rights and legitimate interests of citizens and legal entities.","PeriodicalId":302577,"journal":{"name":"Bulletin of the Karaganda University. “Law Series”","volume":"108 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115621015","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}