Khabarshy Zan'' seriiasy最新文献

{"title":"Problems of ensuring the rights of the suspect during the pre-trial investigation","authors":"E. Alimkulov","doi":"10.26577/japj.2023.v106.i2.012","DOIUrl":"https://doi.org/10.26577/japj.2023.v106.i2.012","url":null,"abstract":"The article deals with the problems of ensuring the rights of a suspect during the pre-trial investigation. The issues of balancing the interests of the individual and the state, which are most clearly manifested in the criminal process, are actualized by the example of the realization of the rights of the suspect, as well as the need for further improvement of legislation defining the legal regime of personal inviolability in criminal proceedings. The legal analysis of guarantees of ensuring the rights of the suspect, the content and nature of detective services was carried out, which allowed to reveal the essence of private detective activity, its focus on protecting the constitutional rights of citizens, access to justice, assistance to law enforcement agencies in the fight against crime. The problems of the current legislation in the field of private detective activity are considered and ways of their solution are proposed. The necessity of adopting a law on private detective activity is substantiated. As a result of the study, the sys-tem of theoretical provisions, approaches to adequate provision in the Criminal Procedure Code of the Republic of Kazakhstan for the protection of citizens who have fallen into the sphere of criminal procee-dings from encroachments on their legitimate rights and freedoms by the bodies of inquiry, investigation, prosecutor’s office, etc., the importance and role of private detective activity, acting as a guarantee of the rights and freedoms of the suspect, are also substantiated in criminal proceedings. In the study of the questions posed, a logical, formal – legal, analytical, as well as functional method is used, revealing the qualitative characteristics of the subject of research, allowing to determine the essence of the institution under study, the possibility of regulatory impact of constitutional and sectoral legislation on the state of law and order in the Republic of Kazakhstan. In the scientific analysis undertaken by the authors, the principles of complexity and consistency are consistently implemented and productively combined, which made it possible to more fully, scientifically actualize the issues of improving criminal procedural capabilities for the realization of the rights and freedoms of a suspect during a pre–trial investigation","PeriodicalId":52614,"journal":{"name":"Khabarshy Zan'' seriiasy","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41669870","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":"Principles of protection of personal data: сomparative analysis of national and foreign legislation","authors":"S. Akhmetova","doi":"10.26577/japj.2023.v106.i2.04","DOIUrl":"https://doi.org/10.26577/japj.2023.v106.i2.04","url":null,"abstract":"","PeriodicalId":52614,"journal":{"name":"Khabarshy Zan'' seriiasy","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46600384","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":"Some political and legal views in the teachings of al-Farabi","authors":"N. Kalisheva, Yu. A. Klyuchkovich, Yurii A. Ostapets","doi":"10.26577/japj.2023.v106.i2.01","DOIUrl":"https://doi.org/10.26577/japj.2023.v106.i2.01","url":null,"abstract":"","PeriodicalId":52614,"journal":{"name":"Khabarshy Zan'' seriiasy","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44866797","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":"Inheritance statute: a comparative analysis of the legislation of different states","authors":"Kh. R. Gafarova","doi":"10.26577/japj.2023.v106.i2.015","DOIUrl":"https://doi.org/10.26577/japj.2023.v106.i2.015","url":null,"abstract":"In the modern period, as a result of the comprehensive development taking place in the international arena, there has been an increase in the number of hereditary relations of an international nature. Regulation of basic international hereditary relations deemed to be one of the urgent problems of our time. The reason for this problem is that the substantive rights of States in this area differ from each other. Studying the legislation of the world countries in the field of inheritance and conducting a comparative analysis, we observe significant differences, the absence of an international regulatory mechanism in this area or the presence of certain legal gaps. It is obvious that legislative acts in the field of regulation of these relations are different both in content and in form. There is no consensus on the statute of inheritance in international law. So, according to some approaches, the statute of inheritance refers to the constituent elements of this statute, or rather the circle of relations that it covers. These constituent elements have been defined in various forms in the substantive law of States. According to another approach, the statute of inheritance refers to the law that will apply to inheritance relations in general. This right is determined by means of the rules on conflict of laws. This opinion can be found in variety of literatures.","PeriodicalId":52614,"journal":{"name":"Khabarshy Zan'' seriiasy","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45811007","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":"International practice to reduce corruption risks in the development of regulatory instruments","authors":"M. Myltykbaev","doi":"10.26577/japj.2023.v106.i2.014","DOIUrl":"https://doi.org/10.26577/japj.2023.v106.i2.014","url":null,"abstract":"","PeriodicalId":52614,"journal":{"name":"Khabarshy Zan'' seriiasy","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45595664","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":"Issues of proof in the administrative process","authors":"M. J. Bekturganov, A. S. Akimbekova, G. T. Talapova","doi":"10.26577/japj.2023.v106.i2.07","DOIUrl":"https://doi.org/10.26577/japj.2023.v106.i2.07","url":null,"abstract":"","PeriodicalId":52614,"journal":{"name":"Khabarshy Zan'' seriiasy","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49285834","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":"Causing death by negligence (art. 104 of the criminal code): legal analysis","authors":"K. A. Bakishev","doi":"10.26577/japj.2023.v106.i2.011","DOIUrl":"https://doi.org/10.26577/japj.2023.v106.i2.011","url":null,"abstract":"","PeriodicalId":52614,"journal":{"name":"Khabarshy Zan'' seriiasy","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48562825","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 mechanisms for protecting social and labor rights of citizens The study is funded by the Scientific Committee of the Ministry of Education and Science of the Republic of Kazakhstan (No. AP09259109 grant))","authors":"N. Kalkayeva","doi":"10.26577/japj.2023.v106.i2.09","DOIUrl":"https://doi.org/10.26577/japj.2023.v106.i2.09","url":null,"abstract":"","PeriodicalId":52614,"journal":{"name":"Khabarshy Zan'' seriiasy","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41466384","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":"Ensuring the right of a person and a citizen to health in the republic of Kazakhstan in the era of artificial intelligence","authors":"Irsti, A.Ye. Yelegen","doi":"10.26577/japj.2023.v106.i2.02","DOIUrl":"https://doi.org/10.26577/japj.2023.v106.i2.02","url":null,"abstract":"The article is devoted to the study of ways to regulate human rights to health in the era of artificial intelligence. In Kazakhstani judicial practice, there is no scientific development of legal issues and other issues of legal regulation of artificial intelligence. Digital health technologies are announced as an important solution to the problems and shortcomings in the provision of quality health care to achieve the Sustainable Development Goals. However, they pose a threat to privacy and privacy, which can lead to discrimination and violence, resulting in violations of health, housing, employment, freedom of assembly, expression, protection from unjustified detention, physical autonomy and security. Overall, without proper planning and safeguards, digital health technologies can increase health inequalities, widening the digital divide that separates those who can and cannot afford such interventions. This article describes the main health risks associated with digital technologies, as well as the ethical and human rights standards associated with their use. It also proposes several strategies to reduce the risks associated with digital health technologies and discusses accountability mechanisms.","PeriodicalId":52614,"journal":{"name":"Khabarshy Zan'' seriiasy","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45929332","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":"Issues of regulation of legal relations in the field of production and circulation of digital assets, countering commercial fraud","authors":"С.В. Романенко, S. Romanenko, D.A.Kunaev, Eurasian Law","doi":"10.26577/japj.2023.v106.i2.05","DOIUrl":"https://doi.org/10.26577/japj.2023.v106.i2.05","url":null,"abstract":"Political instability, economic sanctions and a decline in the world community’s confidence in the state financial system have led to the evolution and creation of a new financial system that is not yet regulated by law. The article analyzes the current financial system and the legislation of the Republic of Kazakhstan in the field of production and circulation of digital assets. The above statistics on the growth of commercial fraud and an overview of existing digital assets on the market, their trading options showed the insufficiency of their legal regulation. The problems of countering unscrupulous projects are highlighted on the example of investment projects using digital assets in the «Finiko» and «C projects.Invest». As a result of the review, conclusions were drawn about the need to create a specialized authorized body in the field of digital assets with the involvement of qualified experts and discussion of systemic problems in the scientific community, it is also proposed to create a Committee for Innovative Financial Services, make amendments and additions to legislative acts to create an authorized body and further develop the infrastructure of the digital asset industry. Take measures to ensure quality education to increase the level of legal literacy of the population as a whole.","PeriodicalId":52614,"journal":{"name":"Khabarshy Zan'' seriiasy","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49304504","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}