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Eurasian Scientific Journal of Law最新文献

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Issues of mediation for the settlement of legal disputes related to copyright and intellectual property 通过调解解决与版权和知识产权有关的法律纠纷的问题
Eurasian Scientific Journal of Law Pub Date : 2023-12-21 DOI: 10.46914/2959-4197-2023-1-3-23-31
A. Kerimbek, N. A. Aldabergenova, K. A. Dzhumabaeva
{"title":"Issues of mediation for the settlement of legal disputes related to copyright and intellectual property","authors":"A. Kerimbek, N. A. Aldabergenova, K. A. Dzhumabaeva","doi":"10.46914/2959-4197-2023-1-3-23-31","DOIUrl":"https://doi.org/10.46914/2959-4197-2023-1-3-23-31","url":null,"abstract":"The article discusses the main issues arising in connection with the use of mediation procedures in resolving disputes concerning intellectual property rights in our country. The system of the main topical issues of law enforcement practice of mediation procedure in this area is disclosed. The experience of the World Intellectual Property Organization (WIPO) in resolving disputes concerning copyright and intellectual property rights is given. Foreign experience in the use of mediation at the national and international levels is studied relatively. The article presents quantitative statistics of the Supreme Court of the Republic of Kazakhstan on the protection of intellectual property and copyright for the annual reporting period using alternative methods of legal protection of the judicial system. Along with the sectoral civil legislation, the content of the article discusses the forms of protection of intellectual property rights and related copyrights established by the sectoral legislation, and alternative methods of protection.","PeriodicalId":387181,"journal":{"name":"Eurasian Scientific Journal of Law","volume":"18 5","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138948465","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
Digitalization in the field of civil law: digital reputation 民法领域的数字化：数字声誉
Eurasian Scientific Journal of Law Pub Date : 2023-12-21 DOI: 10.46914/2959-4197-2023-1-3-14-22
N. N. Nusipzhanov
{"title":"Digitalization in the field of civil law: digital reputation","authors":"N. N. Nusipzhanov","doi":"10.46914/2959-4197-2023-1-3-14-22","DOIUrl":"https://doi.org/10.46914/2959-4197-2023-1-3-14-22","url":null,"abstract":"The article is devoted to the study of the legal aspects of digital reputation, which is a necessary attribute of virtual interaction and a significant indicator of digital trust in the sphere of joint consumption of goods and services. Based on the analysis of the essence and significance of reputation in the context of the development of new technologies, the study of the methods used by modern online services to form and fix the reputation of users, an opinion is expressed on the advisability of recognizing digital reputation as an independent value and a possible object of property relations. Attention is also drawn to the role of digital reputation in creating a personal brand as a means of individualizing a participant in legal relationships. As a result, directions for the development of legislation are determined, including the unification of rating systems, as well as other mechanisms used by digital services to form and assess the reputation of their users; creation of an adequate essence of the digital reputation of the legal regime; creation of effective means for the preservation, transfer and use of information constituting a reputation, etc.","PeriodicalId":387181,"journal":{"name":"Eurasian Scientific Journal of Law","volume":"83 2","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138952734","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
Legal regulation of land easement 地役权的法律规定
Eurasian Scientific Journal of Law Pub Date : 2023-12-21 DOI: 10.46914/2959-4197-2023-1-3-7-13
M. Abaikyzy, A. A. Kadirbay, Zh. B. Turysbek
{"title":"Legal regulation of land easement","authors":"M. Abaikyzy, A. A. Kadirbay, Zh. B. Turysbek","doi":"10.46914/2959-4197-2023-1-3-7-13","DOIUrl":"https://doi.org/10.46914/2959-4197-2023-1-3-7-13","url":null,"abstract":"The article deals with the issue of land easement as a separate institution of land law. The basics and legal prerequisites for the development of the easement of land from the history of its origin to the present day are outlined. In addition, the legal issues of land easement in the Republic of Kazakhstan are considered, a comparative analysis of the concepts and types of easement in the field of land relations with national legislation and legislation of the CIS countries is carried out. When studying the topic, both general and private scientific methods were used. Some conclusions made within the framework of this topic increase the practical significance of amendments and additions to legal acts in the field of land law.","PeriodicalId":387181,"journal":{"name":"Eurasian Scientific Journal of Law","volume":"78 12","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138951365","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
Оn improving anti-corruption measures in the Republic of Kazakhstan on the basis of world experience Оn在借鉴世界经验的基础上完善哈萨克斯坦共和国的反腐败措施
Eurasian Scientific Journal of Law Pub Date : 2023-07-16 DOI: 10.46914/2959-4197-2023-1-2-67-76
V. V. Lyutsik
{"title":"Оn improving anti-corruption measures in the Republic of Kazakhstan on the basis of world experience","authors":"V. V. Lyutsik","doi":"10.46914/2959-4197-2023-1-2-67-76","DOIUrl":"https://doi.org/10.46914/2959-4197-2023-1-2-67-76","url":null,"abstract":"Corruption has become one of the most dangerous social pandemics of our time. Its causes are rooted in the socio-cultural, economic, institutional and other features of the development of society and the state. In the context of globalization, most countries, including the Republic of Kazakhstan, pay special attention to the area of combating corruption, as one of the key areas of activity of state bodies. In this article, the author carried out a comprehensive legal analysis and generalization of the experience of international legal counteraction to corruption, an analysis was carried out in the context of general international legal issues of countering corruption, the main approaches to solving problematic issues of combating corruption were studied, and the author’s vision for solving these problems was proposed.","PeriodicalId":387181,"journal":{"name":"Eurasian Scientific Journal of Law","volume":"33 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-07-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134211609","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 concept and essence of interrogation in criminal proceedings and criminalistics 刑事诉讼与刑法学中讯问的概念与实质
Eurasian Scientific Journal of Law Pub Date : 2023-07-16 DOI: 10.46914/2959-4197-2023-1-1-43-52
M. Askarova
{"title":"The concept and essence of interrogation in criminal proceedings and criminalistics","authors":"M. Askarova","doi":"10.46914/2959-4197-2023-1-1-43-52","DOIUrl":"https://doi.org/10.46914/2959-4197-2023-1-1-43-52","url":null,"abstract":"","PeriodicalId":387181,"journal":{"name":"Eurasian Scientific Journal of Law","volume":"13 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-07-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114218881","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
Legal regulation of the dominant position of a business entity in the market 对企业在市场上的支配地位的法律规定
Eurasian Scientific Journal of Law Pub Date : 2023-07-16 DOI: 10.46914/2959-4197-2023-1-2-12-17
G. M. Kalmyrza
{"title":"Legal regulation of the dominant position of a business entity in the market","authors":"G. M. Kalmyrza","doi":"10.46914/2959-4197-2023-1-2-12-17","DOIUrl":"https://doi.org/10.46914/2959-4197-2023-1-2-12-17","url":null,"abstract":"Regulation of the dominant position of market entities is a topical issue in the market, and its regulation within the framework of the law is directly related to the development of entrepreneurship, the development of real, fair and fair competition among entrepreneurs. The purpose of this article is to determine the dominant position of a market entity, which is provided for in Article 172 of the Entrepreneurial Code of the Republic of Kazakhstan, and to make an unambiguous conclusion about the liability arising in the event of abuse of a dominant position by a market entity under Article 174 of the Entrepreneurial Code of the Republic of Kazakhstan [1]. The importance of the issues and objectives raised during the study, the conclusions will make a great contribution to the fight against violations in the field of market competition. When studying the topic, general scientific and individual scientific methods were used. The practical value of the article lies in the conclusion made by the author in the context of the study and the formulation of proposals for changing and supplementing the norms of business law.","PeriodicalId":387181,"journal":{"name":"Eurasian Scientific Journal of Law","volume":"64 2 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-07-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128018258","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
On the concept and subjects of the official interpretation of the rules of law 论官方法治的概念和主体解释
Eurasian Scientific Journal of Law Pub Date : 2023-07-16 DOI: 10.46914/2959-4197-2023-1-2-5-11
L. Zhanuzakova
{"title":"On the concept and subjects of the official interpretation of the rules of law","authors":"L. Zhanuzakova","doi":"10.46914/2959-4197-2023-1-2-5-11","DOIUrl":"https://doi.org/10.46914/2959-4197-2023-1-2-5-11","url":null,"abstract":"The article is devoted to one of the most important problems of the general theory of law. The issues of official interpretation of law, despite the relatively greater development in the soviet and modern legal literature of the Republic of Kazakhstan and other states of the post-soviet space, nevertheless, remain relevant. The legislation of our country rather ambiguously and controversially defines the concept and subjects of the official interpretation of laws and other regulatory legal acts, giving rise to some contradictions in the laws themselves and thereby causing an arbitrary interpretation of legislative norms by law enforcement agencies, organizations and citizens. And this is a direct path to arbitrariness, violation of the rights, freedoms and legitimate interests of individuals and legal entities, as well as the state itself and society as a whole. In this regard, the author of this work made an attempt to comprehend this problem from scientific positions and give his own vision of its solution.","PeriodicalId":387181,"journal":{"name":"Eurasian Scientific Journal of Law","volume":"9 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-07-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116682435","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
Problems and prospects participation of a specialist in legal proceedings of the Republic of Kazakhstan 专家参与哈萨克斯坦共和国法律诉讼的问题和前景
Eurasian Scientific Journal of Law Pub Date : 2023-07-16 DOI: 10.46914/2959-4197-2023-1-1-35-42
G. T. Alaeva, C. N. Rehson
{"title":"Problems and prospects participation of a specialist in legal proceedings of the Republic of Kazakhstan","authors":"G. T. Alaeva, C. N. Rehson","doi":"10.46914/2959-4197-2023-1-1-35-42","DOIUrl":"https://doi.org/10.46914/2959-4197-2023-1-1-35-42","url":null,"abstract":"","PeriodicalId":387181,"journal":{"name":"Eurasian Scientific Journal of Law","volume":"169 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-07-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122051488","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 main directions and prospects for the development of insurance law in the conditions of modern market relations 现代市场关系条件下保险法发展的主要方向和前景
Eurasian Scientific Journal of Law Pub Date : 2023-07-16 DOI: 10.46914/2959-4197-2023-1-2-18-28
M. Bayan, J. A. Ospanova, O. A. Plotskaya
{"title":"The main directions and prospects for the development of insurance law in the conditions of modern market relations","authors":"M. Bayan, J. A. Ospanova, O. A. Plotskaya","doi":"10.46914/2959-4197-2023-1-2-18-28","DOIUrl":"https://doi.org/10.46914/2959-4197-2023-1-2-18-28","url":null,"abstract":"The article is devoted to the study of the prospects for the development of insurance law in the conditions of transformation of market relations and integration processes. The purpose of writing this article is to identify the main directions of development of insurance law in modern conditions of development of market relations in the context of integration within the EAEU. The author puts forward the position that insurance law is at the stage of formation as a complex branch of law. This is confirmed by the conclusions of the author set out in the article. A comprehensive analysis of the theoretical provisions and the system of modern insurance legislation allowed the author to formulate the ways of development of insurance law in the system of Kazakh law in modern conditions of development of market relations in Kazakhstan. The theoretical and practical significance of this article lies in the possibility of using theoretical results when conducting further research in the field of insurance law. The approbation of the conclusions set out in the article will allow to coordinate the theoretical provisions of insurance law and the directions of research in the field of insurance legal relations.","PeriodicalId":387181,"journal":{"name":"Eurasian Scientific Journal of Law","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-07-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116047075","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 role of mediation as one of the ways to resolve hereditary legal disputes 调解作为解决世袭法律纠纷的途径之一的作用
Eurasian Scientific Journal of Law Pub Date : 2023-07-16 DOI: 10.46914/2959-4197-2023-1-1-27-34
A. Kerimbek, K. A. Dzhumabaeva, N. A. Aldabergenova
{"title":"The role of mediation as one of the ways to resolve hereditary legal disputes","authors":"A. Kerimbek, K. A. Dzhumabaeva, N. A. Aldabergenova","doi":"10.46914/2959-4197-2023-1-1-27-34","DOIUrl":"https://doi.org/10.46914/2959-4197-2023-1-1-27-34","url":null,"abstract":"","PeriodicalId":387181,"journal":{"name":"Eurasian Scientific Journal of Law","volume":"135 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-07-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127349652","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
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