Eurasian Scientific Journal of Law最新文献_第4页

The law “on probation in the Russian Federation”: final version and directions of development of penal enforcement law “俄罗斯联邦缓刑法”:刑事执行法的定稿和发展方向

Eurasian Scientific Journal of Law Pub Date : 2023-07-16 DOI: 10.46914/2959-4197-2023-1-1-61-69

A. P. Skiba, N. S. Maloletkina

引用次数: 0

Issues of improving criminal law measures to protect legitimate business activities 完善保护合法经营活动的刑法措施问题

Eurasian Scientific Journal of Law Pub Date : 2023-07-16 DOI: 10.46914/2959-4197-2023-1-2-29-38

E. S. Kemali

{"title":"Issues of improving criminal law measures to protect legitimate business activities","authors":"E. S. Kemali","doi":"10.46914/2959-4197-2023-1-2-29-38","DOIUrl":"https://doi.org/10.46914/2959-4197-2023-1-2-29-38","url":null,"abstract":"The need to take decisive measures against officials who undermine business is noted in the President’s Message of September 2, 2019. To date, the criminal legal protection of the interests of entrepreneurship still remains the most effective measure among other preventive measures. At the same time, the responsibility provided for by the criminal law for encroachments in the sphere of activity under consideration does not achieve the goals of punishment. Such common crimes as obstruction of legitimate business activities, raiding and others are one of the most difficult to prove offenses, due to the fact that the actions of the perpetrators are veiled under the legitimate nature of either the performance of their duties or civil transactions. In this regard, the author of the article gives a detailed criminological and criminal-legal characteristics of offenses that infringe on the rights and legitimate interests of business entities. Based on the analysis of statistical data, judicial and investigative practice of consideration of criminal cases related to obstruction of entrepreneurial activity, the experience of foreign countries, a number of measures to improve legislation are proposed. The results obtained can be useful in rule-making activities and updating theoretical approaches to criminal law protection of the rights and interests of entrepreneurs.","PeriodicalId":387181,"journal":{"name":"Eurasian Scientific Journal of Law","volume":"128 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":"116597827","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 of determining the limits of permissible freedom of competition in the legislation of the Republic of Kazakhstan and foreign countries 确定哈萨克斯坦共和国和外国立法中允许的竞争自由限度的问题

Eurasian Scientific Journal of Law Pub Date : 2023-07-16 DOI: 10.46914/2959-4197-2023-1-1-53-60

L. Tatarinova

{"title":"Problems of determining the limits of permissible freedom of competition in the legislation of the Republic of Kazakhstan and foreign countries","authors":"L. Tatarinova","doi":"10.46914/2959-4197-2023-1-1-53-60","DOIUrl":"https://doi.org/10.46914/2959-4197-2023-1-1-53-60","url":null,"abstract":"The concept of rivalry is known to all peoples and is characteristic of almost all spheres of society. Issues of rivalry are especially characteristic of entrepreneurship. However, modern legal doctrine and legislation are familiar with this phenomenon as “freedom of competition”. The conquest of the market is a matter of existence and prosperity for the contending parties. This implies a variety of methods of competition, including, unfortunately, unfair ones. Of course, the legislator cannot remain indifferent to the serious threat of unfair competition. But how to determine the boundary separating what is permitted from what is not; where is the general criterion for recognizing acceptable methods of competition and prohibited? These are the questions that the theoretical thought of lawyers and the practice of antimonopoly and judicial authorities are currently looking for answers to. Indeed, where is the desired limit of permissible freedom of competition? We will look for answers to these questions in the domestic legislation and the legislations of foreign countries in the historical context of the development of antimonopoly legal regulation. And in order to conduct a full-fledged comparative legal analysis, we will apply both general scientific and private scientific methods of scientific cognition everywhere. Taking into account the topic and subject of scientific research, the comparative legal method of research will be applied everywhere. The conclusions obtained can be useful in law enforcement practice, in determining the limits of permissible competition, which is sometimes complicated by a broad interpretation of some norms of the national legislation of the Republic of Kazakhstan, which leads to a violation of antimonopoly legislation, including.","PeriodicalId":387181,"journal":{"name":"Eurasian Scientific Journal of Law","volume":"52 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":"132866028","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 role of the institution of categorization of criminal offenses in combating crime 论刑事犯罪分类制度在打击犯罪中的作用

Eurasian Scientific Journal of Law Pub Date : 2023-07-16 DOI: 10.46914/2959-4197-2023-1-2-45-55

G. T. Ashirova, T. Akimzhanov

{"title":"On the role of the institution of categorization of criminal offenses in combating crime","authors":"G. T. Ashirova, T. Akimzhanov","doi":"10.46914/2959-4197-2023-1-2-45-55","DOIUrl":"https://doi.org/10.46914/2959-4197-2023-1-2-45-55","url":null,"abstract":"The theoretical and practical aspects of the importance of the institute of categorization of criminal offenses in the Republic of Kazakhstan in combating crime are considered. The authors analyzed the modern legal understanding and law enforcement of the institute of categorization of criminal offenses from the point of view of criminal legislation and the science of criminal law. The authors presented a number of novelties and recommendations for further improvement of law enforcement activities in the current criminal legislation of the Republic of Kazakhstan. The difficulty for legal users lies, for example, in the fact that there are separate articles consisting of several parts, part of one article of which can be attributed to four different categories of crimes (for example, articles 120, 121, 122 of the Criminal Code refer simultaneously to crimes of medium, severe, especially grave severity; article 143 of the Criminal Code is less serious, grave means crimes of medium gravity, grave; Article 367 of the Criminal Code means all four categories of crimes at the same time: Part 1-less serious, part 2-medium gravity, part 3-serious crimes, etc.). This issue deserves detailed independent research and understanding. As a positive example, we will cite the legal technique used in Article 7-1 of the former Criminal Code of the Kazakh SSR “the concept of a grave crime”. The legislator of that period clearly defined the concept of a serious crime, since he compiled a list of all serious crimes falling under this category. This made it easier for law enforcement agencies to manage events in the process of work and to give the right qualifications for certain crimes committed, which, in turn, means the correct imposition of punishment.","PeriodicalId":387181,"journal":{"name":"Eurasian Scientific Journal of Law","volume":"40 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":"133394139","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

Liability for environmental damage: the civil law aspect 环境损害责任:民法层面

Eurasian Scientific Journal of Law Pub Date : 2023-07-16 DOI: 10.46914/2959-4197-2023-1-2-56-66

A. M. Vartanian

引用次数: 0

Problems of prevention of violent crimes committed by minors and ways of their improvement 预防未成年人暴力犯罪的问题及改进途径

Eurasian Scientific Journal of Law Pub Date : 2023-07-16 DOI: 10.46914/2959-4197-2023-1-2-39-44

B. A. Torgautova, S. M. Kydyrbaev

引用次数: 0

Stablecoins: legal issues and legal framework 稳定币:法律问题和法律框架

Eurasian Scientific Journal of Law Pub Date : 2023-07-13 DOI: 10.46914/2959-4197-2023-1-1-20-26

Гражданский процесс, IrStI

{"title":"Stablecoins: legal issues and legal framework","authors":"Гражданский процесс, IrStI","doi":"10.46914/2959-4197-2023-1-1-20-26","DOIUrl":"https://doi.org/10.46914/2959-4197-2023-1-1-20-26","url":null,"abstract":"This study is devoted to the legal regulation of one of the types of cryptocurrencies – stablecoins. The article deals with issues of legal nature, essence, as well as relatively limited judicial practice in relation to stablecoins. Stablecoins are digital assets that are designed to maintain a stable value relative to some underlying asset or basket of assets, often through the use of algorithms and market mechanisms. The regulation of stablecoins can vary depending on the jurisdiction in which they are offered and used, as well as the specific features of the stablecoin in question. In general, stablecoins that are designed to function as a medium of exchange, store of value, or unit of account may be subject to financial regulatory requirements, such as anti-money laundering (AML) and know-your-customer (KYC) requirements, as well as licensing and reporting obligations. In the United States, for example, stablecoins that are classified as securities may be subject to regulation by the Securities and Exchange Commission (SEC), while stablecoins that are considered commodities may be subject to regulation by the Commodity Futures Trading Commission (CFTC). Additionally, some stablecoins may be considered to be a type of \"money service business\" and subject to regulation by the Financial Crimes Enforcement Network (FinCEN) [1]. In the European Union, stablecoins may be subject to regulation under the EU's revised Payment Services Directive (PSD2) and the forthcoming Digital Finance Strategy [2]. It is important to note that the regulatory landscape for stablecoins is rapidly evolving, and the specific requirements that apply to a particular stablecoin may depend on a number of factors, including the structure of the stablecoin, the specific legal jurisdiction(s) in which it is offered, and the manner in which it is used. As such, the different approach of countries in the regulation of stablecoins has created the need to study this issue from a legal point of view.","PeriodicalId":387181,"journal":{"name":"Eurasian Scientific Journal of Law","volume":"5 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-07-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121941873","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

Digital environmental security in the Republic of Kazakhstan 哈萨克斯坦共和国的数字环境安全

Eurasian Scientific Journal of Law Pub Date : 2023-07-11 DOI: 10.46914/2959-4197-2023-1-1-13-19

N. Suleimenova

引用次数: 0

The importance of legal education in the improvement of legal mentality 论法制教育在提高法律心态中的重要性

Eurasian Scientific Journal of Law Pub Date : 2023-07-11 DOI: 10.46914/2959-4197-2023-1-1-5-12

D. А. Bakirov

{"title":"The importance of legal education in the improvement of legal mentality","authors":"D. А. Bakirov","doi":"10.46914/2959-4197-2023-1-1-5-12","DOIUrl":"https://doi.org/10.46914/2959-4197-2023-1-1-5-12","url":null,"abstract":"The effective functioning of all elements is essential for the legal system. The article is devoted to the study of the legal mentality, legal culture, legal awareness, the importance of legal education in the formation of the legal mentality in Kazakhstani society. The low level of legal culture and legal awareness of citizens leads to a weakening of the legal culture of society as a whole and the instability of the legal system. The article deals with the issues of legal culture, legal awareness and legal mentality, the concept of legal education, their mutual influence, important elements. The necessity to study the interaction of these legal phenomena contributes to raising the level of legal awareness and legal culture in Kazakhstani society to a new level. Issues of legal awareness, legal culture and legal mentality should be considered comprehensively, taking into account the mental characteristics of citizens in society, their common system of values. This is one of the important areas of domestic legal science. The result of the study is an analysis of the current state of the national legal system, the development of legal culture, legal awareness and legal mentality from today’s point of view, the development of directions and activities for their in-depth understanding.","PeriodicalId":387181,"journal":{"name":"Eurasian Scientific Journal of Law","volume":"81 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-07-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124118524","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