Khabarshy Zan'' seriiasy最新文献_第2页

Legislative regulation of personal subsidiary plots: modern condition 个人附属地块的立法规制:现代状况

Khabarshy Zan'' seriiasy Pub Date : 2023-09-01 DOI: 10.26577/japj.2023.v107.i3.09

A.E. Bekturganov

{"title":"Legislative regulation of personal subsidiary plots: modern condition","authors":"A.E. Bekturganov","doi":"10.26577/japj.2023.v107.i3.09","DOIUrl":"https://doi.org/10.26577/japj.2023.v107.i3.09","url":null,"abstract":"The article examines the issues of legislative regulation of personal subsidiary plots, including the historical aspect of development. The authors raised problematic key issues of shortcomings of the current legislation of Kazakhstan. The international experience of regulation of personal subsidiary plots has been analyzed. In the international experience of regulation, the current state and features of the development of personal subsidiary plots, private household plots are considered, as well as the structures of plots in a number of countries of the world (Germany, Canada, USA, Japan, etc.) are studied. Also, special approaches to high agricultural productivity with high results achieved in the agricultural sector of the economy due to constant economic support from governments for plots in the agricultural sector. The forms of the contract system for the development of plots are considered. The modern forms and organization of production of plots in Western Europe and the USA have been studied. The article deals with such issues as: legal status, legal regime of property of personal subsidiary regulation of relations between owners of personal subsidiary plots and various agricultural enterprises; the relationship of personal subsidiary plots with state authorities, local governments, etc. Proposals are formulated to improve the current legislation in connection with the adoption of an independent law on personal subsidiary plots. The absence of any research developments, dissertation research, scientific articles in the field of personal subsidiary plots over the past decades prompted the authors to fill this gap by contributing to the development of this area of legal science. Key words: personal subsidiary plot, food security, rights to land and property of citizens, maintenance of personal subsidiary plots.","PeriodicalId":52614,"journal":{"name":"Khabarshy Zan'' seriiasy","volume":"5 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135735795","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

Analysis of the specifics of fraud in the real estate sector of the Republic of Kazakhstan 分析哈萨克斯坦共和国房地产行业欺诈的具体情况

Khabarshy Zan'' seriiasy Pub Date : 2023-09-01 DOI: 10.26577/japj.2023.v107.i3.13

K.R. Sartayeva

{"title":"Analysis of the specifics of fraud in the real estate sector of the Republic of Kazakhstan","authors":"K.R. Sartayeva","doi":"10.26577/japj.2023.v107.i3.13","DOIUrl":"https://doi.org/10.26577/japj.2023.v107.i3.13","url":null,"abstract":"The active globalization processes observed in the sphere of economic and political activity have negatively affected the qualitative and quantitative indicators of mercenary crime in the real estate sector. The complication of forms of criminal activity due to the combination of criminal and legal mechanisms of real estate turnover actually leveled the role of previous preventive measures and caused the need to develop new mechanisms of legal influence on mercenary crime adapted to modern criminal challenges, which would be based on a deep systematic analysis of modern fraud in the real estate sector. The construction business in the Republic of Kazakhstan has a large turnover of investment and budget funds and is an extremely attractive area for criminals. Various types of transactions are concluded in the real estate market, and the turnover of funds in the construction sector alone amounts to billions of US dollars. The analysis of scientific research of modern Kazakh science shows the absence of such, whereas a comprehensive study of the legal and criminological nature of fraud in real estate, taking into account the peculiarities of criminalization of the act in question, is necessary. The article analyzes the specifics of real estate as an object of fraud, examines the main types of such fraud and analyzes the measures that are carried out and should be carried out in order to avoid such illegal actions. Key words: crime, real estate, fraud, real estate fraud, criminology.","PeriodicalId":52614,"journal":{"name":"Khabarshy Zan'' seriiasy","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135735798","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 origin of legal pluralism: towards a new theory of human rights law 法律多元主义的起源:走向人权法新理论

Khabarshy Zan'' seriiasy Pub Date : 2023-09-01 DOI: 10.26577/japj.2023.v107.i3.01

Rieko Kitamura

{"title":"The origin of legal pluralism: towards a new theory of human rights law","authors":"Rieko Kitamura","doi":"10.26577/japj.2023.v107.i3.01","DOIUrl":"https://doi.org/10.26577/japj.2023.v107.i3.01","url":null,"abstract":"This article aims to clarify the essence of legal pluralism, which is a prerequisite for adopting legal pluralism in human rights law. This is particularly important because the use of the term «legal pluralism» in human rights law varies from one proponent to another, making it difficult to specify what legal pluralism is in the first place. This article identifies the roots of the concept of legal pluralism by tracing the origins of the debate on legal pluralism to answer the question: what should be includedin the «legal order» when discussing legal pluralism? The study on the origin of legal pluralism shows that non-state legal orders were always the subjects of the discussion, deducing that it is natural that those non-state legal orders become the object of legal orders in the study of legal pluralism in human rights law discipline. In this study, legal pluralism is considered not only from a theoretical and legal point of view but also from a historical and legal point of view, which can enrich any scientific work. In legal doctrine, the research category appeared relatively recently, about 50 years ago, which was the logicalresult of the collapse of the colonial system and the emergence of the need for newly independent states ensuring the coexistence of historically established norms of ordinary law with colonial law, distributed by metropolises. Evidence was provided regarding the change in the concept of legal pluralism over time.Keywords: legal pluralism, human rights, law, state, freedom.","PeriodicalId":52614,"journal":{"name":"Khabarshy Zan'' seriiasy","volume":"20 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135735352","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 formation and development of societal constitutionalism in the Republic of Kazakhstan 哈萨克斯坦共和国社会宪政形成与发展的问题

Khabarshy Zan'' seriiasy Pub Date : 2023-09-01 DOI: 10.26577/japj.2023.v107.i3.04

K.A. Aiteke, N.N. Zhaksylykov, T.S. Agaidarov

{"title":"Problems of formation and development of societal constitutionalism in the Republic of Kazakhstan","authors":"K.A. Aiteke, N.N. Zhaksylykov, T.S. Agaidarov","doi":"10.26577/japj.2023.v107.i3.04","DOIUrl":"https://doi.org/10.26577/japj.2023.v107.i3.04","url":null,"abstract":"This article explores the challenges and complexities surrounding the formation and developmentof societal constitutionalism in the Republic of Kazakhstan, a nation with a rich historical tapestry anda diverse society. Situated at the crossroads of Europe and Asia, Kazakhstan’s pursuit of constitutionalism transcends domestic boundaries and holds global significance. The historical context sets the stage,delving into the enduring legacies of the Soviet era and the transformative journey from independenceto nation-building. These historical junctures have profoundly influenced Kazakhstan’s political identityand its approach to constitutionalism. Examining the legal framework, we uncover how constitutionalrevisions and ambiguities in legal protections impact the stability of Kazakhstan’s constitutional order.The article then delves into sociopolitical factors, including limited civic engagement, media freedom,and political pluralism, shedding light on the challenges faced by civil society and political diversity. Theinternational dimension emerges as a crucial influencer, with organizations like the United Nations andthe OSCE actively promoting democratic governance and constitutionalism. Bilateral relations, regional dynamics, and economic partnerships further shape Kazakhstan’s commitment to align with globalnorms. As Kazakhstan navigates these challenges and opportunities, it stands at a crossroads, requiring amultifaceted approach to nurture societal constitutionalism. Leveraging its unique position and history,Kazakhstan can contribute to the global discourse on democratic governance and constitutionalism,ultimately reflecting the aspirations of its people.Key words: civil, constitutional law, freedom, legality, stability.","PeriodicalId":52614,"journal":{"name":"Khabarshy Zan'' seriiasy","volume":"8 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135735794","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 and importance of environmental education in the system of environmental law and order 环境教育在环境法制体系中的作用和重要性

Khabarshy Zan'' seriiasy Pub Date : 2023-09-01 DOI: 10.26577/japj.2023.v107.i3.11

R. Yerezhepkyzy

{"title":"The role and importance of environmental education in the system of environmental law and order","authors":"R. Yerezhepkyzy","doi":"10.26577/japj.2023.v107.i3.11","DOIUrl":"https://doi.org/10.26577/japj.2023.v107.i3.11","url":null,"abstract":"To date, the unfavorable environmental situation remains one of the acute problems in the Republic of Kazakhstan. According to certain experts of this industry, the ecological situation and the state of the environment in Kazakhstan and the CIS countries is among the worst in the world. In this article, a comprehensive legal analysis of environmental education and upbringing in the Republic of Kazakhstan is carried out, the legal foundations of provision and implementation are considered. The formation of legal regulation of environmental education and upbringing in accordance with the norms of national law has been studied. The proposals and theoretical issues aimed at forming an understanding of ecological and legal consciousness as the main factor contributing to the solution of environmental problems are considered. As a result of a comparative study of the environmental legislation of the Republic of Kazakhstan, including on issues of environmental education and education, enlightenment and culture, proposals for the allocation of effective perspective norms, as well as their implementation in the norms of national legislation, were considered. This study was prepared as part of the implementation of the grant funding research project by the Science Committee of the Ministry of Science and Higher Education of the Republic of Kazakhstan (Grant No. AP14872548 Modern environmental Law and order: Kazakhstan case). Key words ecological danger, ecological education, ecological and legal consciousness, ecological education and upbringing, environmental legislation.","PeriodicalId":52614,"journal":{"name":"Khabarshy Zan'' seriiasy","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135735572","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 some aspects of the legal regulation of theproduction of documents to the court of the «Astana» international financial center 关于向“阿斯塔纳”国际金融中心法院出示文件的法律规定的某些方面

Khabarshy Zan'' seriiasy Pub Date : 2023-03-01 DOI: 10.26577/japj.2023.v105.i1.03

A. B. Satayeva

引用次数: 0

The main causes and conditions of criminal offenses against the acquisition of rights to immovable property 不动产物权取得犯罪的主要原因和条件

Khabarshy Zan'' seriiasy Pub Date : 2023-03-01 DOI: 10.26577/japj.2023.v105.i1.011

G. M. Atahanova, S. Malikova, N. Bizhan, N. S. Zhumadilova, S. D. Sovetkhan

引用次数: 0

The concept and legal status of transboundary water resources of the Republic of Kazakhstan 哈萨克斯坦共和国跨界水资源的概念和法律地位

Khabarshy Zan'' seriiasy Pub Date : 2023-03-01 DOI: 10.26577/japj.2023.v105.i1.08

K. D. Kusmambetov

引用次数: 0

Some issues of securing claims arising from corporate legal relations 公司法律关系中的债权担保问题

Khabarshy Zan'' seriiasy Pub Date : 2023-03-01 DOI: 10.26577/japj.2023.v105.i1.06

G. Begazova

引用次数: 0

Political and legal significance of the Charter of fundamental rights of the European Union 《欧盟基本权利宪章》的政治和法律意义

Khabarshy Zan'' seriiasy Pub Date : 2023-03-01 DOI: 10.26577/japj.2023.v105.i1.02

A. R. Zapparov, A. M. Saitbekov, E. A. Alimova

引用次数: 0