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

{"title":"Swiss lawmaking experience in ensuring the quality of laws","authors":"М.T. Akimzhanova","doi":"10.31489/2023l1/106-114","DOIUrl":"https://doi.org/10.31489/2023l1/106-114","url":null,"abstract":"Today, the stability of legislation determines the stability of the political and socio-economic course that the Republic of Kazakhstan has chosen for the development of the country as a whole. The stability of the legal regulation of public relations is achieved by the adoption of standard-setting bodies (officials), other subjects of standard-setting activities of measures aimed at ensuring the proper quality of regulatory legal acts, completeness and effectiveness of legal regulation of public relations, as well as aimed at limiting frequent adjustments of regulatory legal acts. The Constitution of the Republic of Kazakhstan has predetermined the need to ensure a unified legal space throughout its territory. In these conditions, it is especially important that the subjects of the law of legislative initiative and other rule-making bodies of the Republic of Kazakhstan observe the basic principles of the construction of normative legal acts. In order to effectively implement this task, adequate transformations are needed in the field of improving the system of knowledge of legislative technology and, first of all, strict compliance with the requirements that it provides for: the ordering and use of special legal means intended for the preparation of regulatory legal acts. In this regard, Swiss lawmaking is of interest in ensuring the quality of laws, where the points of contact of multilingual legislation are shown as an example. The purpose of the study is to study the experience of Switzerland's rule-making activities and to develop recommendations aimed at improving the quality of legislation in the Republic of Kazakhstan. The methodological basis of the study was made up of general scientific methods of cognition of social phenomena and processes, methods of scientific analysis and synthesis","PeriodicalId":302577,"journal":{"name":"Bulletin of the Karaganda University. “Law Series”","volume":"29 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":"114443175","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 analysis of the criminal law institution “Expulsion from the Republic of Kazakhstan of a foreigner or stateless person”","authors":"A. T. Kabzhanov, A. Turlayev, V.B. Tapakova","doi":"10.31489/2023l1/58-65","DOIUrl":"https://doi.org/10.31489/2023l1/58-65","url":null,"abstract":"The article illustrates problematic issues of regulation and practice of applying foreigner or stateless persons expulsion from the Republic of Kazakhstan as a criminal punishment type. The analysis of the features of regulation and the practice of applying such punishment abroad and in Kazakhstan was carried out. The pur- pose of the research is a comprehensive theory and practice analysis of the expulsion implementation as a criminal punishment type. The research is carried out through general and special legal methods, analysis and generalization of the legal norms governing expulsion in the legislation of different countries, the compara- tive legal method allows us to identify the main trends in the legal institution development “expulsion of a foreigner or stateless person” at the present time. The main result of the research is the provision on the need to improve the institute “Expulsion of a foreigner or stateless person” in the criminal law of the Republic of Kazakhstan. As conclusions, additions to the norms of the Criminal Code of the Republic of Kazakhstan are proposed, aimed at improving the Criminal Code Article 51, specifying the process of expulsion, as well as conditions list under which expulsion from the Republic of Kazakhstan is not assigned. It is proposed to sup- plement the article with provisions on “indefinite expulsion from the Republic of Kazakhstan”","PeriodicalId":302577,"journal":{"name":"Bulletin of the Karaganda University. “Law Series”","volume":"6 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":"115005800","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":"Limits of criminalization of corruption: on the example of money laundering","authors":"N. N. Niyetullayev","doi":"10.31489/2023l1/66-74","DOIUrl":"https://doi.org/10.31489/2023l1/66-74","url":null,"abstract":"Currently, there is a tendency in the criminal legislation to “expand the content and scope” of corruption and money laundering. On the one hand, the number of criminalized acts belonging to the group of corruption crimes is increasing, on another hand, the volume of laundering of criminal doses is also growing due to the increase in the number of its predicate crimes. This naturally affects the structural changes in the criminal law, as well as changes in judicial and investigative practice. The implementation of the recommendations of international conventions into national legislation and law enforcement practice significantly changes the le- gal institutions and principles of activity established in it. From this position, some kind of merging of such the most voluminous phenomena in the criminal cycle as “corruption” and “money laundering” was a matter of time. However, the implementation of this task in the current criminal legislation of the Republic of Ka- zakhstan in law enforcement practice leads, in the author's opinion, in the issues of qualification of criminal offenses to the emergence of internal disagreements with the principles of legality, justice, completeness of coverage of public relations by the legal regulator. According to the author, the correct definition of the framework for the correlation of these two phenomena at the legislative level will become the basis for the correct organization of measures to counter them","PeriodicalId":302577,"journal":{"name":"Bulletin of the Karaganda University. “Law Series”","volume":"93 5 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":"127983146","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":"Trends and problems of e-commerce development in the Republic of Kazakhstan","authors":"M.A. Zhumadilova, A. Issayeva, B.Zh. Aıtımov","doi":"10.31489/2023l1/96-105","DOIUrl":"https://doi.org/10.31489/2023l1/96-105","url":null,"abstract":"The goal of the study is to analyze the problematic aspects of ensuring the protection of personal data when using EDS to sign smart contracts and conclude such contracts related to the implementation of electronic commerce based on blockchain technology. The article discusses the trends and problems observed today in the development of electronic commerce in the republic, related to the state registration of electronic contracts and the protection of personal data. As research methods, along with general methods of scientific research, such as analysis, synthesis, historical, formal and logical, private methods, such as comparative legal research, modeling, were also used. For example, a model of real estate registration services has been developed, ensuring the protection of personal data when using EDS using blockchain technology. In the course of the study, the following results were achieved: the mechanism of blockchain technology was studied and objective difficulties of legal regulation of this sphere of public relations were identified; analyzed the main regulatory legal acts of the Republic of Kazakhstan regulating the execution and execution of transactions in electronic form; studied foreign experience in the use of blockchain technology in the registration of real estate; the legal regulation of digital technologies in Kazakhstan is analyzed and the concept of a smart contract is defined; the features of ensuring the execution of smart contracts are studied; the main problematic aspects of ensuring the protection of personal data when using EDS are studied. In conclusion of the article, we propose to make additions and amendments to the legislation for the purpose of legal regulation of these processes, including the law “On State Registration of rights to immovable property”.","PeriodicalId":302577,"journal":{"name":"Bulletin of the Karaganda University. “Law Series”","volume":"25 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":"132265425","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 basis for the protection of trade secrets in the implementation of an electronic transaction","authors":"M.A. Zhumadilova, A.Zh. Issaeva, B.Zh. Aıtımov","doi":"10.31489/2022l4/79-87","DOIUrl":"https://doi.org/10.31489/2022l4/79-87","url":null,"abstract":"The purpose of the study is to consider legal relations in the implementation of an electronic transaction and to develop proposals in the field of trade secret protection. The security of trade secrets in the implementation of an electronic transaction is relevant in the field of information security. Most measures to protect confiden- tial information and its technical measures themselves in many cases are unattainable. As research methods the dialectical method, the method of analysis and comparative-legal analysis were used. In particular, in the study of the development of Kazakhstan's legislation on electronic transactions dialectical method was used; the analysis method was used to assess the obtained achievements in the legal protection of trade secrets in the implementation of an electronic transaction, identifying problems and shortcomings in it. At the same time, the method of comparative-legal analysis has been applied in order to determine the degree of protec- tion of commercial secrets in the implementation of an abroad electronic transaction. In the course of the study, the following results were achieved: a) it is studied that the protection of trade secrets in the implemen- tation of an electronic transaction is considered for the first time in domestic legal science as an object of sci- entific research; b) the relevance of the protection of trade secrets in the implementation of an electronic transaction and the problems of its legal support are revealed. In conclusion, the scientific article substantiates the need for the adoption of the law \"On Trade Secrets\" with justification of possible consequences in case of failure to ensure the protection of trade secrets.","PeriodicalId":302577,"journal":{"name":"Bulletin of the Karaganda University. “Law Series”","volume":"89 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121906963","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":"Financial and legal regulation of foreign investments in special economic and industrial zones under the legislation of Kazakhstan","authors":"D.M. Akhmetov","doi":"10.31489/2022l4/25-33","DOIUrl":"https://doi.org/10.31489/2022l4/25-33","url":null,"abstract":"The article presents a study of the legal regime of special economic and industrial zones as a basis to attract foreign investments. It also examines their characteristic universal indicators and studies tax incentives and preferences for investors. As a result, it is concluded that the activities of the special economic and industrial zones are directed at optimizing the subsequent development of the regions of Kazakhstan. Managing the in- vestment activities of special economic and industrial zones is an essential process, as it provides them with the necessary tools for effective investments. The effective implementation of investment activities of special economic and industrial zones with the foreign capital depends on the potential business opportunities and re- sources that constitute the development potential of special economic and industrial zones. Investment activi- ty of special economic and industrial zones comprises the implementation of a standard methodology, guided by which, in conjunction with generally accepted procedures, a model for the forecast is formed according to investments. Investment activity of the special economic and industrial zones with foreign capital attraction is subject to constant changes and essentially depends on the conditions in which their activity is performed. The efficiency of the investment attraction policy lies in the determination of the basic rules and agreements concerning foreign investments in the special economic and industrial zones and in the determination of ob- jective criticism of partners in the sphere of implementation of the investment climate of one or another coun- try. Hence, a number of factors that are attributed to the investment strategy of foreign investors complicate the implementation of the key practice of the special economic and industrial zones, i.e. the growth of foreign exchange earnings. The fixed indicators of export growth include high prices for foreign currency to pay for necessary imports","PeriodicalId":302577,"journal":{"name":"Bulletin of the Karaganda University. “Law Series”","volume":"15 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124533320","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 the legal category \"duty\" in the labor field","authors":"A. Zhumabayeva, А.М. Kurennoy, А.М. Nurmagambetov","doi":"10.31489/2022l4/88-94","DOIUrl":"https://doi.org/10.31489/2022l4/88-94","url":null,"abstract":"The purpose of this article is to consider the issues of the place and role of legal categories in the system of law, the significance of the study of the category \"duty\" in labor law. The study of legal categories makes it possible to apply structured and systematic approaches in the methods of studying legal theoretical and legal concepts. The above method of cognition allowed the authors to come to the following conclusions and re- sults. The category of obligation in relation to labor law is closely related to the mechanism of labor relations. Of particular difficulty is the development of a specific conceptual apparatus of the category of \"duty\" in la- bor law, since this category includes such concepts as \"labor duties\", \"labor function\", \"duties in the field of work\", \"labor obligations\", etc. \"Obligation\" as a legal category is undergoing significant changes, especially in the field of labor law. The country's transition to a market economy, general democratization, openness and globalization of society, on the one hand, have given impetus to the dynamic development of all spheres of public and social life, and have determined a new vector for the development of labor relations based on free- dom of contractual relations. On the other hand, the growing influence of civil law, contractual elements of interaction between the employee and the employer leads to the fact that the fundamental categories, like “du- ty” in the labor sphere, are gradually dissolving.","PeriodicalId":302577,"journal":{"name":"Bulletin of the Karaganda University. “Law Series”","volume":"17 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132602539","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 implementation of human rights in the educational environment","authors":"A. Shakirova, A. Lavnichak, N. R. Veselskaya","doi":"10.31489/2022l4/49-55","DOIUrl":"https://doi.org/10.31489/2022l4/49-55","url":null,"abstract":"The article reveals the legal mechanism of the realization of human rights in the educational environment and examines the main features of this institution. Topical issues of legal consolidation and practical realization of human rights in the field of education are considered, ways of solving the problems of implementing full and high-quality provision of the constitutional right of citizens to education in the conditions of the development of the rule of law and civil society are proposed. On the basis of general and special scientific methods of cognition, the analysis and generalization of theoretical and empirical material is carried out. The result of the study is to identify trends in the development of legal regulation of human rights in the educational environ- ment and to determine the prospects for further modernization of legislation in the field of education. Human rights in the field of education regulate public relations related to any forms of education and upbringing and form legal mechanisms for the realization of human rights. The purpose of the study is to develop ways to improve the legal regulation of human rights in the educational environment, taking into account the peculiar- ities of the protection and enforcement of human rights in this area, as well as the formation of specific rec- ommendations for the systematic modernization of legislation on education in the Republic of Kazakhstan.","PeriodicalId":302577,"journal":{"name":"Bulletin of the Karaganda University. “Law Series”","volume":"81 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123980796","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 legal problems of rational use of pasture land in the Republic of Kazakhstan","authors":"L. Yerkinbayeva, A. Ozenbayeva, D. Saipinov","doi":"10.31489/2022l4/15-24","DOIUrl":"https://doi.org/10.31489/2022l4/15-24","url":null,"abstract":"The purpose of the proposed research is to comprehensively study the legal problems of pasture use in the current conditions of the constitutional reform in Kazakhstan, during which the main priority of the country is the use of land in the interests of the people of the country, the development of scientifically based theoretical provisions and practical recommendations for improving the current legislation of the Republic of Kazakhstan. At present, neither state bodies nor legal science can give unambiguous answers to the pressing questions of this problem; there are no special scientific developments on this problem. The legislation of the Republic of Kazakhstan on pastures itself is at the stage of formation, and the problems of their rational use and protection have not received appropriate legal regulation. The lack of a clear regulation of the conduct of economic activities of personal subsidiary farms of citizens (hereinafter referred to as PSF) has led to the fact that today we have environmental problems of pasture degradation, an unfavorable epizootic and sanitary situation in settlements and around them. The authors concluded that the current Law «On Pastures» does not take into account the existing problems in settlements, therefore, adjustments to its content and the land legislation of the country are required. It is proposed to detail the legal regime for the use of pastures that are part of the lands of the forest and water resources, settlements and on the territory of specially protected natural areas. The revival of distant-pasture and semi-transhumant animal husbandry requires the development of legal mechanisms for regulating this sphere of agricultural production, the specification of the regime for the use of distant-pasture and seasonal pastures.","PeriodicalId":302577,"journal":{"name":"Bulletin of the Karaganda University. “Law Series”","volume":"32 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128383121","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 place and role of the proseution authorities in the system of state power in the CIS countries","authors":"Е.Т. Abeuov, S. S. Serikbayeva, А.О. Shakenov","doi":"10.31489/2022l4/6-14","DOIUrl":"https://doi.org/10.31489/2022l4/6-14","url":null,"abstract":"The purpose of the research is to identify the features of the legal status of the prosecution authorities and the organization of the activities of the prosecution authorities in the republics of the Russian Federation, Azerbaijan, Armenia, Belarus, Kyrgyzstan, Moldova, Tajikistan, Uzbekistan, Ukraine, Turkmenistan and Kazakhstan; to consider the prospects for their further development and improvement; to conduct an objective analysis. The study of the constitutional status of the prosecution authorities of these states and the Republic of Kazakhstan is significant both in historical terms and at the present stage, as these states are broughttogether with the common goals and tasks and they possess mutual historical roots which were carried out in the process of their development and acions. The peculiarity of each state and the special position at the present stage make certain adjustments to the organization and activities of this body. In this regard, from a scientific and practical point of view, a general and specific analysis of the formation and development of the constitutional status of the prosecutor's office of the Republic of Kazakhstan with the CIS countries, the definition of its place and role in the system of state power make it possible to effectively use the experience of accusations insolution of complicated issues and the fight against crime in conditions of mutual cooperation. In this case, the particular importance is based on the analysis of problems related to the constitutional and legal status of the most significant law enforcement agencies that ensure the organization and activities of the prosecutor's office in some Commonwealth countries, i.e. the rule of law, unity and strengthening of the rule of law. While its necessity is explained by the process of updating the activities of the prosecutor's office, attempts to introduce democratic principles and standards lead the legislators of new sovereign countries to determine the role of the prosecution authorities in national legal systems and fix their real place among state-legal institutions. Authors' conclusions form directions for the improvement of de- signed project of the new legislation of the prosecutor's office by comparing domestic and foreign legislation in the field of investigated issues.","PeriodicalId":302577,"journal":{"name":"Bulletin of the Karaganda University. “Law Series”","volume":"108 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124154761","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}