Bulletin of the Karaganda University. “Law Series”最新文献_第6页

International and legal standards that ensure the cultural rights of a man and a citizen 确保人和公民的文化权利的国际和法律标准

Bulletin of the Karaganda University. “Law Series” Pub Date : 2022-12-30 DOI: 10.31489/2022l4/41-48

A. I. Birmanova

{"title":"International and legal standards that ensure the cultural rights of a man and a citizen","authors":"A. I. Birmanova","doi":"10.31489/2022l4/41-48","DOIUrl":"https://doi.org/10.31489/2022l4/41-48","url":null,"abstract":"The article examines the international and legal standards for ensuring and protecting the cultural rights of a man and a citizen, the implementation of which should be focused on the activities of states. The article analyzes a group of international and legal sources that declare cultural human rights of a man as the highest value of society and form the normative basis of the phenomenon. The importance of effective domestic implementation of the norms of international law in the field of protection of human rights and freedom of a man is noted. The article also pays attention to the problems of compliance with international standards for the protection of cultural human and civil rights. The ways of increasing the effectiveness of the domestic implementation of universally recognized human rights standards are outlined. The interpretation of cultural rights in various international and legal instruments and in the general comments adopted by the Committee on Economic, Social and Cultural Rights is considered. Special attention is paid to the study of the main international and legal act — the «International Covenant on Economic, Social and Cultural Rights». The study found that significant international experience in the protection of cultural human rights has been accumulated at the present stage. The author examines in detail some problematic issues existing in the field of national and international regulation of cultural rights and freedom, analyzing the possibilities of their elimination, legal improvement and gives appropriate recommendations.","PeriodicalId":302577,"journal":{"name":"Bulletin of the Karaganda University. “Law Series”","volume":"40 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":"121948371","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

About the problem of the formation and development of the «genocide» concept in international legal science and practice 关于“种族灭绝”概念在国际法律科学与实践中的形成与发展问题

Bulletin of the Karaganda University. “Law Series” Pub Date : 2022-12-30 DOI: 10.31489/2022l4/65-78

A. K. Adibayeva

{"title":"About the problem of the formation and development of the «genocide» concept in international legal science and practice","authors":"A. K. Adibayeva","doi":"10.31489/2022l4/65-78","DOIUrl":"https://doi.org/10.31489/2022l4/65-78","url":null,"abstract":"The basic purpose of this article is to analyze the theoretical and practical aspects of the concept of «geno- cide» as an independent legal category in the context of the universal UN Convention of 1948 and beyond. The author, using also the decisions of specialized international judicial institutions, the doctrinal develop- ments of scientists, and applying, together with them, general scientific and special research methods, formu- lates appropriate conclusions regarding the historical and modern understanding of the definition of this in- ternational socially dangerous act. It is substantiated that genocide, taking into account new forms and meth- ods of its commission, is not only a crime against a person, a certain demographic community and humanity, but also against international law. The main conclusion is that, in view of the fact that law enforcement prac- tice is ahead of the existing norms, the normative content of the definition of genocide and the closely related provisions of the Convention should be objectively interpreted in accordance with existing realities. In con- clusion, as a result, attention is drawn to the fact that genocide, both as a concept and as a crime, requires fur- ther comprehensive scientific development, including within the framework of the development and systema- tization of knowledge in certain areas of Kazakhstani law.","PeriodicalId":302577,"journal":{"name":"Bulletin of the Karaganda University. “Law Series”","volume":"7 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":"122175785","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

Some issues of obtaining the citizenship of the Russian Empire by the Kazakh Khanate 哈萨克汗国取得俄罗斯帝国国籍的若干问题

Bulletin of the Karaganda University. “Law Series” Pub Date : 2022-12-30 DOI: 10.31489/2022l4/34-40

R. Botagarin, G. Balgimbekova

{"title":"Some issues of obtaining the citizenship of the Russian Empire by the Kazakh Khanate","authors":"R. Botagarin, G. Balgimbekova","doi":"10.31489/2022l4/34-40","DOIUrl":"https://doi.org/10.31489/2022l4/34-40","url":null,"abstract":"Today, despite the large number of works and data of domestic historians and other scientists who studied about the citizenship of the Kazakh Khanate of the Russian Empire, there are still different opinions about its causes and consequences. As an additional study of these and other issues, this article tells about the for- mation of the Kazakh Khanate in 1465 after the separation of the sultans Kerey and Zhanibek together with their subordinates and the submission to the Khan Abulkhair, after which the khanate power was perceived by the public consciousness as a symbol of statehood, historical continuity in the organization of society, and an integral part of the world order, a guarantee of the well-being of the entire Kazakh Khanate, and the influence of countries adjacent to the Kazakh Khanate at that time, the incessant attacks of the Dzungarian Khanate, which forced the Kazakh Khanate to make a difficult decision, which later influenced the life of the country, information about Abylai Khan, who managed to unite three zhuzs in the Dzungarian offensive, the actions of the Kazakh sultans, later the oath of the Russian queen Anna Ioanovna, the entry of the first Russian expedi- tion into the Kazakh land, the construction of military castles, the place of the Kazakh country in foreign pol- icy and general political and social actions in the future on the Kazakh land are given. As a result of the re- search work on this topic, it can be said that altough the Kazakh Khanate obtained the Russian Empire, the Kazakh people always had their own attempts to gain independence, sovereignty and dreams of citizenship.","PeriodicalId":302577,"journal":{"name":"Bulletin of the Karaganda University. “Law Series”","volume":"10 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":"125331628","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

Typical investigative situations for medical criminal offenses 医疗刑事犯罪典型侦查情形

Bulletin of the Karaganda University. “Law Series” Pub Date : 2022-12-30 DOI: 10.31489/2022l4/56-64

A.B. Seidanov, S. K. Kumisbekov

{"title":"Typical investigative situations for medical criminal offenses","authors":"A.B. Seidanov, S. K. Kumisbekov","doi":"10.31489/2022l4/56-64","DOIUrl":"https://doi.org/10.31489/2022l4/56-64","url":null,"abstract":"The article attempts to characterize one of the structural elements included in the content of the methodology of pre-trial investigation of criminal offenses — typical investigative situations formed during pre-trial pro- ceedings on medical criminal offenses. The analysis of the state of investigation of medical criminal offenses according to statistical information throughout the Republic was carried out, wishes were expressed for de- tailing statistical data in two positions. To improve the efficiency of the investigation and inquiry units during pre-trial proceedings on medical criminal offenses, typical investigative situations arising at the beginning of a pre-trial investigation for this group of criminal offenses are proposed. Each typical investigative situation is described with its characteristic features, favorable and unfavorable sides are indicated. The available ca- pabilities of modern criminology make it possible to develop the professionalism of investigative units and bodies of inquiry in the fight against crime during the pre-trial investigation of criminal cases, which must be implemented through the prevailing typical investigative situations, including an approximate algorithm for pre-trial investigation of medical criminal offenses.","PeriodicalId":302577,"journal":{"name":"Bulletin of the Karaganda University. “Law Series”","volume":"239 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":"131691120","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

The history of the formation of the institute of surrogacy: socio-legal context 代孕机构形成的历史:社会法律背景

Bulletin of the Karaganda University. “Law Series” Pub Date : 2022-12-30 DOI: 10.31489/2022l4/95-106

M.A. Seidinova

{"title":"The history of the formation of the institute of surrogacy: socio-legal context","authors":"M.A. Seidinova","doi":"10.31489/2022l4/95-106","DOIUrl":"https://doi.org/10.31489/2022l4/95-106","url":null,"abstract":"The birth of a child is impossible or dangerous for the life and health of the mother due to physiological deficiencies, biological incompatibility of spouses, contraindications for pregnancy, a number of hereditary diseases, etc. Moreover, the causes of infertility are equally distributed between both sexes. All this leads to the disintegration of the family, the dissolution of marriage, as a result, to the deterioration of the demographic situation, and, consequently, to the violation of the human right to health, medical confidentiality and a prosperous life. One of the ways out in this situation is seen in the application of methods of artificial insemination, one of which is surrogate motherhood, and the improvement of legislative regulation of the most important relations that directly affect demographic processes. The author of the article proposes to consider the stages of the formation of the institution of surrogate motherhood, starting from the first mentions in social history and ending with the history of the emergence of assisted reproductive technologies in modern Kazakhstan. Particular attention is paid to the legislative regulation of assisted reproductive technologies in the USA, Great Britain, the USSR, the Russian Federation and in modern Kazakhstan. Conclusions are drawn about the need to improve national legislation in the field of protecting the rights of a surrogate mother and child, the development and introduction of a separate law on surrogate motherhood","PeriodicalId":302577,"journal":{"name":"Bulletin of the Karaganda University. “Law Series”","volume":"38 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":"132132495","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