{"title":"About the importance of the adoption of the law in relation to private detectives","authors":"S. K. Zhursimbayev, E. S. Kemali","doi":"10.46914/2959-4197-2024-1-1-28-35","DOIUrl":"https://doi.org/10.46914/2959-4197-2024-1-1-28-35","url":null,"abstract":"The article discusses the need for the adoption of the law “On private detective activity”. The Republic of Kazakhstan claims to be a democratic, secular, legal and social state, the highest values of which are a person, his life, rights and freedoms. The State fulfills this obligation in various ways - by granting citizens the right to self-defense and necessary defense, to apply to law enforcement agencies for this purpose, to judicial protection of rights and freedoms, as well as by providing an opportunity to defend their rights and freedoms in other ways not prohibited by law. The need to introduce this type of activity is caused by the economic and political changes that have occurred in society since independence. The birth of a private form of ownership has led to the growth of a significant number of commercial structures, which state law enforcement agencies are unable to ensure information and other security. All this necessitates the emergence of such a new type of socially useful human activity - private detective work, which should receive a legal status with the adoption of an appropriate law. Back in 2010, the Head of State made a proposal to introduce the institute of private detective work in the republic [1]. In a Message to the People of Kazakhstan in 2012, the President of the Republic once again recalled the need to finalize the draft law on private detective work. The Majilis of the Parliament of the Republic considered the bill in 2015, but postponed it indefinitely. Although the introduction of the institute of private investigations will not require any budget expenditures, the law has not yet been adopted. This law is necessary for simple law-abiding citizens and individual entrepreneurs to exercise their constitutional rights, who, if necessary, can seek help not only from public but also private investigators.","PeriodicalId":387181,"journal":{"name":"Eurasian Scientific Journal of Law","volume":" 11","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-04-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140682898","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}
A. A. Bekbauova, N. E. Urbisinova, T. K. Akimzhanov
{"title":"Comparative analysis of parole systems in the member states of the council of Europe and the Republic of Kazakhstan","authors":"A. A. Bekbauova, N. E. Urbisinova, T. K. Akimzhanov","doi":"10.46914/2959-4197-2023-1-43-35-41","DOIUrl":"https://doi.org/10.46914/2959-4197-2023-1-43-35-41","url":null,"abstract":"The article is devoted to one of the urgent problems of criminal law, where there is an importance of theoretical and practical study of the issue of parole from serving a sentence. This article discusses proposals to improve the effectiveness of the use of the parole mechanism in the law enforcement practice of the member States of the Council of Europe. The institution of parole is currently the most dynamically developing and the most frequently used in the system of release from serving a sentence. This institution is encouraging and is a positive tool in stimulating the law-abiding behavior of convicts and preventing them from committing criminal offenses. ","PeriodicalId":387181,"journal":{"name":"Eurasian Scientific Journal of Law","volume":"62 8","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139386907","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":"Hooligan motivation as a means of differentiation of criminal responsibility","authors":"V. F. Lapshin, N. N. Kemova","doi":"10.46914/2959-4197-2023-1-4-48-58","DOIUrl":"https://doi.org/10.46914/2959-4197-2023-1-4-48-58","url":null,"abstract":"In modern criminal law theory, there is no consensus on the optimal and necessary number of means of differentiating of criminal responsibility. Therefore, lists of types of qualifying signs and circumstances aggravating punishment are still in the process of being formed. Hooligan motives are fairly common motive for committing a crime, but so far it has not been considered as one of the aggravating circumstances, which creates conditions for deviation from the principle of justice when imposing punishment for a committed crime. The purpose of the study is to substantiate the recognition of a crime committed from hooligan motives as an aggravating circumstance. The recognition of a hooligan motive as an aggravating circumstance will allow systematizing its use as both a qualifying feature of certain elements of crimes and a circumstance, the establishment of which implies an increase in the severity of the chosen measures of criminal responsibility. This will contribute to the issuance of fair judicial decisions. It is proved that any crime committed out of hooligan motives is characterized by an increased degree of public danger. If the corpus delicti does not include hooligan motives as a qualifying feature, then this motive should be taken into account when sentencing. The results of the study can be used for research in the field of means of differentiation and individualization of criminal liability. The rationale presented in the work can be taken into account when preparing a draft law on supplementing Art. 63 of the Criminal Code of Russia (hereinafter referred to as the Criminal Code) is another aggravating circumstance. ","PeriodicalId":387181,"journal":{"name":"Eurasian Scientific Journal of Law","volume":"59 38","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139384569","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":"Specialist in court proceedings of the Republic of Kazakhstan: problems and prospects","authors":"A. A. Kadirbay, M. Abaikyzy, Zh. B. Turysbek","doi":"10.46914/2959-4197-2023-1-4-42-47","DOIUrl":"https://doi.org/10.46914/2959-4197-2023-1-4-42-47","url":null,"abstract":"The article is devoted to the study of the current state of the application of special knowledge in the form of participation of a specialist in the proof process, the peculiarities of legal regulation of the organizational and methodological foundations of his activities. The authors point to the process of “convergence” of two forms of application of special knowledge (expert and specialist) on legal status and functions, which creates problematic situations in the practice of their application. The article presents a look at the difference between the two forms of application of special knowledge, optimization of forensic expertise, as well as, in accordance with the requests of legal practice, improvement of the legal and organizational foundations of the activities of a specialist and an expert. ","PeriodicalId":387181,"journal":{"name":"Eurasian Scientific Journal of Law","volume":"90 8","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139386246","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 bases of the Water Code of the Republic of Kazakhstan","authors":"K. A. Bekov","doi":"10.46914/2959-4197-2023-1-4-7-18","DOIUrl":"https://doi.org/10.46914/2959-4197-2023-1-4-7-18","url":null,"abstract":"The relevance of the research topic is due to the fact that water security in recent years has been included in the list of global risks of modernity, which requires effective water resources management. In particular, in the Republic of Kazakhstan, this issue has been one of the most acute recently. To date, there are a number of unresolved issues at the inter-national level of water resources management in the republic, as almost all freshwater resources of the country are transboundary in nature, and almost half of them are formed on the territory of neighbouring states. The purpose of this study is to analyse the existing problems in transnational water resources management in the Republic of Kazakhstan and to develop directions for their solution. The research methods include normative-legal method, expert, factual method, content analysis, comparison, generalisation, classification, synthesis and analysis. The article presents the state of water resources of the Republic of Kazakhstan at the present stage of development, including those of transboundary nature. The management of water resources of the republic, including at the inter-national level, is characterised, and problems in this area are revealed. Thus, the main problems to date have been attributed to: dependence on transboundary flows from the territories of neighbouring countries, primarily China and Russia, in recent years increasingly polluting rivers and increasing the volume of water withdrawal, significant wear and tear of infrastructure, low level of automation and digitalisation of management, low efficiency of control over the implementation of measures for the rational use of water resources. To solve the problems, recommendations have been proposed and promising directions for the development of transnational water resources management have been considered, which will contribute to improving the efficiency of transboundary water resources use. ","PeriodicalId":387181,"journal":{"name":"Eurasian Scientific Journal of Law","volume":"74 7","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139388120","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 assessment of the conclusion of the forensic examination","authors":"S. B. Bаkit, G. T. Аlаyеvа, A. K. Zhаnibеcоv","doi":"10.46914/2959-4197-2023-1-4-28-34","DOIUrl":"https://doi.org/10.46914/2959-4197-2023-1-4-28-34","url":null,"abstract":"This research topic focuses on the legal assessment of the conclusions of the forensic examination, presenting an analysis of the importance and impact of forensic expert conclusions in legal practice. The present study delves into the intricacies of conducting a forensic examination, encompassing its aims and methodology. Additionally, it scrutinizes matters pertaining to the admissibility, dependability, and interpretation of expert opinions within court proceedings. The primary legal facets associated with the role of forensic examination in ascertaining facts and evidence in legal cases, along with potential ramifications for the involved parties, are thoroughly analyzed. The findings of this investigation furnish valuable insightsfor a more profound comprehension of the significance of forensic examination in legal proceedings, as well as the crucial role played by reliable and precise expert opinions in upholding equity and justice. The study discusses the regulatory and legislative environment that governs forensic examination, including the qualification requirements for experts and the procedures for their appointment. The study also highlights the importance of the neutrality and objectivity of experts, as well as the need to ensure their independence from the parties to the process. Potential challenges and problems related to expert opinions are highlighted, such as conflicts of interest and the possibility of expert errors. As a result, this study highlights the importance of forensic expertise in court proceedings and its impact on judicial decision-making. Practical recommendations and measures that can improve the quality and reliability of expert opinions are analyzed, contributing to a more fair and effective legal process. ","PeriodicalId":387181,"journal":{"name":"Eurasian Scientific Journal of Law","volume":"104 26","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139387963","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 development of mediation in Kazakhstan","authors":"N. O. Suleimenova","doi":"10.46914/2959-4197-2023-1-4-19-27","DOIUrl":"https://doi.org/10.46914/2959-4197-2023-1-4-19-27","url":null,"abstract":"In this article the author considers and analyses the issues of legal regulation of the institute of mediation in our country, which is an alternative method of dispute resolution. In addition, the article considers some issues of implementation of the law on mediation, as well as amendments to this law. Through mediation disputing parties can come to a mutually acceptable solution with the participation of a neutral mediator. In the course of writing the article a review of scientific and theoretical works of a number of foreign and domestic scholars on this topic was conducted, as well as the features of mediation as an institution were analysed. In the article the author compared the development of mediation institute in Kazakhstan with the experience of foreign countries. The author also analysed the advantages and disadvantages and peculiarities of the organisation of mediation in Kazakhstan. In addition, the issues hindering the expansion of the scope of application of mediation are noted. In particular, the lack of information about the institution of mediation, the associated mistrust of the population, as well as the lack of professional mediators are the main factors that hinder the development of mediation. At the end of the article, the author suggested ways to address these issues in order to pave the way for the development of mediation. ","PeriodicalId":387181,"journal":{"name":"Eurasian Scientific Journal of Law","volume":"21 5","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139388924","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 census of 2022 is an important stage in the study of the personality of convicts","authors":"V. Seliverstov","doi":"10.46914/2959-4197-2023-1-3-48-55","DOIUrl":"https://doi.org/10.46914/2959-4197-2023-1-3-48-55","url":null,"abstract":"In the penitentiary systems of States, scientific information about the identity of convicts is important. International standards specifically emphasize the need to obtain reliable data on trends characterizing the prison population and its distinctive features. The Ninth special Census conducted in December 2022 aims to supplement the available statistical data on the identity of convicts serving sentences of imprisonment and forced labor, as well as persons detained in pre-trial detention centers in Russia. The need for a special census was based not only on the modern needs of improving the penal policy, but also on the basis of compliance with historical traditions. The practice of conducting special censuses was characteristic of the period of the USSR (in these cases it affected correctional labor institutions located in Kazakhstan), and it continued in modern Russia. The article summarizes the organizational and methodological features of the nine special censuses that took place in the history, the main focus is on the last special census conducted in December 2022. The general features and peculiarities of the Ninth Special Census are analyzed, their theoretical justification is given. The parameters of the census, the forms of its implementation, the tendencies of the desocialization of the personality of convicts and the property stratification among them, which manifested themselves in the results of the census, are also disclosed.","PeriodicalId":387181,"journal":{"name":"Eurasian Scientific Journal of Law","volume":"30 7","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138950277","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 correlation of the right to information and the right to privacy on the internet","authors":"Zh. B. Ivanova, L. F. Tatarinova","doi":"10.46914/2959-4197-2023-1-3-32-39","DOIUrl":"https://doi.org/10.46914/2959-4197-2023-1-3-32-39","url":null,"abstract":"The article analyzes the legal regulation of the private life of citizens, which is becoming increasingly open due to the expansion of modern Internet resources. The relevance of this issue both in the Republic of Kazakhstan and in Russia is confirmed by the growing volume of litigation on the topic of our research. The main goal of our research is to reveal fundamental human rights and freedoms related to information related to private life with the expansion of digital technologies and, in particular, the Internet. The authors made an attempt to correlate the right to freedom of information and the right to ensure privacy on the Internet. The results obtained by the authors may be useful in solving problems of qualifying acts related to violation of the right to privacy if there is a conflict with the right to receive information. The authors used a wide variety of research methods, the main one of which was the comparative legal method, which was used both when comparing the institutions of the right to privacy and the right to information. At the end of this study, the authors came to the conclusion that both the right to privacy and the right to information on the Internet are implemented exclusively within the framework of the law and with mandatory consideration of the consequences of violating such rights.","PeriodicalId":387181,"journal":{"name":"Eurasian Scientific Journal of Law","volume":"44 4","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138948839","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":"Use of special knowledge in criminal proceedings","authors":"G. T. Alayeva, C. N. Rehson","doi":"10.46914/2959-4197-2023-1-3-40-47","DOIUrl":"https://doi.org/10.46914/2959-4197-2023-1-3-40-47","url":null,"abstract":"Special knowledge is important in the formation of the evidence base in criminal proceedings. With the help of special knowledge, it is possible to establish facts and reproduce events that cannot always be determined through the testimony of participants in the process or through investigative actions. The use of special knowledge is regulated by law, but in practice there are examples of inappropriate compliance with the procedure for attracting specialists and experts as carriers of special knowledge, assigning and conducting examinations and special studies, and correctly assessing the results obtained. In this connection, the purpose of scientific research is to study the procedural requirements for the use of special knowledge in criminal proceedings and to identify problems that arise in law enforcement practice. The authors used methods of comparative analysis, formal logic and documentary control in the research process. As a result, the authors formed their view on the use of special knowledge in criminal proceedings in order to assist specialists in assessing evidence and their sources at the stage of pre-trial proceedings, presented criteria for analyzing the quality of the use of special knowledge (expert and specialist opinions) and the materials of a criminal case that influence their quality, used in the conclusions of experts and specialists in accordance with the requests of legal practice. The value of the study lies in the fact that the authors proposed independent solutions to overcome problems associated with the use of special knowledge in criminal proceedings.","PeriodicalId":387181,"journal":{"name":"Eurasian Scientific Journal of Law","volume":"41 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138950949","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}