BULLETIN of L.N. Gumilyov Eurasian National University Law Series

Advancing Legal Research: The importance of Social Research Methods in Contemporary Legal Studies

2025-06-07T14:04:55+00:00

The article highlights the significance of utilizing social science methods in legal studies, the necessity for enhancing methodological diversity, and the practical importance of legal analysis. The data were obtained from official sources, legal and political documents. The data was analysed through thematic analysis and organized according to the main trends in the implementation of legislation. A study of law enforcement practice and a comparative legal analysis were also conducted to assess the effectiveness of legislation. The study showed that, although doctrinal methods previously used in legal studies have dominated, they are insufficient to assess the practical application of legal norms, analyse the socio-political impact on law enforcement, and predict legal trends in rapidly developing areas. To overcome the shortcomings of the doctrinal research method in legal studies, it is proposed to use an interdisciplinary methodology combining qualitative and quantitative approaches. The implementation of these ideas requires institutional support, academic training, and the improvement of doctoral curricula, which involves developing research skills. The findings indicate that evidence-based legal analysis is necessary to bridge the gap between theory and practice, and there are opportunities to make the legal system more adaptable to modern challenges.

The current issues of limitations of human rights during the COVID-2019 pandemic

2025-05-02T08:50:16+00:00

The question of limiting human rights is inherently complex and controversial. Restrictions on human rights are introduced to protect the rights themselves, but they may lead to their violations as well. Restrictions on human rights must be proportionate, balanced, necessary, temporary, and expedient.

The issue of restrictions on human rights during COVID 2019 is of great interest. The government should first seek to minimize the negative consequences that may arise from their implementation before introducing restrictions. Governments should seek to balance restricting and respecting human rights and freedoms.

Restrictions take place in all areas of our lives, as we all know. Restrictive measures must be implemented by observing the principles of transparency, openness, and justification, and the inadmissibility of abuse of power by government agencies.

The article attempts to identify the specifics of restrictive measures during the COVID-2019 pandemic taken in various states and the Republic of Kazakhstan. A review of the scientific works was made to determine the main features and criteria of restrictions on human rights.

The restriction of human rights in Kazakhstan should be made within the current legislative framework, whilst also taking into account the positive practices observed in developed nations. This approach should also be applied in emergencies.

Venice Commission: contribution to the development of the ombudsman institution in Kazakhstan

2025-06-07T13:35:47+00:00

The purpose of the article is to analyze the contribution of the European Commission for Democracy through Law of the Council of Europe (Venice Commission) to the development of the ombudsman institution in Kazakhstan. In this regard, three opinions of the Venice Commission concerning the ombudsman institution in Kazakhstan were studied such as: 1099\2022 – Opinion on the draft constitutional law “On the Commissioner for the Human Rights”; 1056\2021- Opinion on the draft law “On the Commissioner for Human Rights” ; CDL-AD (2007)020 Opinion on a possible reform of the ombudsman institution in Kazakhstan. In addition, the article outlines the role and directions of the Venice Commission for the development of democratic institutions. Along with this, the history of Kazakhstan's accession to the European Commission for Democracy through Law and the list og agreements between the Council of Eurpoe and Kazakhstan are described. Also, the current Constitutional Law “On the Commissioner for Human Rights in the Republic of Kazakhstan” dated November 5, 2022 was studied for compliance with these opinions from the Venice Commission. As a result of the scientific work, some proposals were made to the norms of the Constitutional Law “On the Commissioner for Human Rights in the Republic of Kazakhstan”.

Issues of the Legislative Implementation of the Constitutional Right of Citizens to Health Care in The Republic of Kazakhstan

2025-02-04T11:55:05+00:00

The right to health protection, being one of the constitutional rights of citizens of Kazakhstan, forms the basis for the enjoyment of other rights of a social, economic, political and cultural nature. The proposed research article examines the right to health protection in the context of other constitutional rights, the authors emphasize its key importance for ensuring the state's implementation of other rights. The work substantiates in detail the role of this right, which lies in its interaction and relationship with other constitutional rights of a social, economic and political nature.

Structural, logical and dialectical methods were used as methods to study the norms of Kazakhstani legislation in the field of regulating the right to health care. To compile a theoretical basis, the norms of international acts, educational materials, scientific works, and materials of international organizations were also studied.

The authors emphasize the need for authorized entities of state power to send a corresponding appeal to the Constitutional Court of the Republic of Kazakhstan to develop an official interpretation of the provisions of Article 29 of the Constitution of Kazakhstan and a normative and legal explanation of the meaning and content of constitutional norms that are designed to regulate the sphere of health care, which includes the health care system and the provision of medical care to the population.

The constitutional court as a foundation of legal defense in Kazakhstan

2025-02-11T13:41:19+00:00

The year 2022 is becoming a landmark year for Kazakhstan, radically transforming the legal system and making fundamental changes. Political events that took place in the republic itself prompted President K. Tokayev to change the course of political reforms. In 2023, the Constitutional Court was revived in the country.

The Constitutional Court is a necessity inspired by modern realities. The current Constitutional Court is a relatively "young" institution, maintaining continuity, and is based on the experience of other countries and previous constitutional institutions of the country.

The article analyzes all constitutional institutions that have functioned or are operating in the country. The historical prerequisites for the creation of these institutions, their features, and specifics. The role of the Constitutional Court is defined and analyzed its activities. In addition, indicated the positive outcomes of the Constitutional Court's activities.

The activities of the Constitutional Court aimed, first, at eliminating gaps and ensuring effective protection of the Constitution. The new model of constitutional review assumes the supremacy of the Constitution. This paper analyzes judicial practice and its role in solving current problems of the socio-legal development of the country. Presented the aspects of the importance of deciding on the revival of the constitutional court.

Constitutional justice as a principle of the rule of law

2025-06-11T10:03:08+00:00

The purpose of the article is to understand constitutional justice as necessary conditions and security forming principles in the Republic of Kazakhstan of the legal space, ensuring its rule of law and democratization of public relations through the mechanism of control over compliance with the provisions of the Constitution, which has proven its effectiveness in the world practice of the development of the constitutional process. The article examines the problems associated with understanding the substantive foundations of the principles of the rule of law; an analysis of the state of the process of using principles in the activities of the Constitutional Court of the Republic of Kazakhstan is carried out.

Research methods. The author relied on the methodology of constitutional and legal science, which is based on the principle of differential knowledge of constitutional processes in their relationship with the institutional support of constitutionalism in the process of working on the article. A method of cognition also used a systemic, logical method, as well as a method of systemic-structural analysis of normative legal acts, to disclose the problems raised in the article.

Research results. The rights of supremacy are a complex implementation of realities, a system of additional elements, in which the absence of at least one of them makes the functioning of the system impossible. Carrying out constitutional justice, the Constitutional Court of the Republic of Kazakhstan contributes to the preservation of constitutional legality, and the presence of constitutional justice should be considered one of the main directions of ensuring the supremacy in the country.

Conclusions. The mandatory implementation of constitutional justice in the Republic of Kazakhstan should be considered as the main principle of ensuring the supremacy of rights, taking office, in accordance with the fundamental significance of the Basic Law, consisting in its ability to ensure the development and functioning of national legislation based on constitutions, when this "compliance" itself is required in the Republic of Kazakhstan in the control by the constitutional justice bodies.

Comparative analysis of constitutional rights and their implementation in Kazakhstan and other CIS countries: problems and prospects

2025-04-25T12:15:19+00:00

The research examines constitutional rights protections within eight CIS: Russia, Kazakhstan, Ukraine, Belarus, Moldova, Tajikistan, Armenia, and Kyrgyzstan. The research aims to examine dissimilarities and similarities in legal implementation while identifying rights promotion and barrier factors to produce international standard-compliant execution recommendations. The research utilizes an interdisciplinary approach combining comparative legal, normative historical and legal methods with content-based evaluations of legislative documents, constitutional provisions and judicial decisions and expert evaluations.

Research findings indicate that Ukraine and Moldova actively use individual constitutional complaint mechanisms as the Constitutional Courts show considerable independence. Belarus and Tajikistan struggle to protect rights because their judicial systems answer to the executive branch. Kazakhstan and Russia are characterized by strong executive power and a focus on maintaining stability, accompanied by restrictions on certain civil liberties. Armenia and Kyrgyzstan work to achieve democratization through their institutions although they face both institutional and political instability.

The research presents recommendations which aim to enhance judicial protection of rights and to integrate international norms into national laws as well as to promote independence in constitutional supervision. The research outcomes present practical value by enabling their application for legal institution reform and human rights program development throughout the post-Soviet region.

Оrganizational and procedural possibilities of mediation in resolving public law disputes

2025-06-05T09:42:53+00:00

Currently, the field of administrative proceedings faces the challenge of improving the institutions of administrative justice. To this end, efforts should be directed towards the scientific exploration of the organizational and procedural potential of mediation in resolving public-law disputes. For the theoretical development of these issues, it is essential to examine international experience as well as the practice of legal regulation of the mediation institution in the administrative legislation of the Republic of Kazakhstan.

The procedural aspects of mediation in civil, family, and labor disputes have found a solid place in the scientific community. However, mediation as part of administrative justice has not been the subject of serious academic research. We believe that the potential of mediation in administrative proceedings has not been fully explored from both a scientific and practical perspective. There are no well-developed legal approaches that reveal the specifics of mediation in disputes arising from public-law relations. An analysis of the available scientific literature and regulatory framework has identified existing problematic aspects that require both legal and methodological support.

The conclusions and proposals formulated based on the research results have scientific value as well as theoretical and practical significance. They will help develop a solid understanding of the importance of mediation procedures within the system of administrative justice as a guaranteed mechanism for ensuring the rights and interests of parties involved in judicial proceedings.

Improvement of the national judicial system in the Republic of Kazakhstan: analysis of innovations and problems

2025-05-18T21:16:54+00:00

This article presents key directions and outcomes of judicial reform in Kazakhstan within the larger context of public governance transformation and consolidation of the rule of law. The purpose of the research was to conduct a systematic analysis of institutional and procedural changes within the judicial system, such as digitalization, introducing a three-tier cassation model, elements of judicial election, reform of disciplinary accountability, as well as strengthening judicial independence judicially. As its object of study was the contemporary Kazakh judiciary, while its subject was mechanisms used for reform, including associated risks as well as prospective developments of said system.

This study's methodology draws upon formal legal, comparative legal, historical legal, and systems-based methods of inquiry. As part of their analysis, the authors identify both positive developments as enhanced procedural transparency, greater judicial autonomy, and implementation of digital tools, and persistent structural issues, such as excessive filtering of cassation appeals, limited access to justice in remote regions, and uncertainty within disciplinary procedures. Particular attention is also paid to legal regulation of procedural timeframes as well as any relations between judicial independence and efficiency in disciplinary processes.

Issues of improving the normative regulation of the utilization of renewable energy sources in the Republic of Kazakhstan

2025-05-14T10:06:03+00:00

This study addresses ways to strengthen Kazakhstan’s legislative framework for renewable energy deployment, emphasizing Corporate Power Purchase Agreements (Corporate PPAs). The focus is timely given the country’s ambition to boost renewable energy’s share to 15% by 2030 and advance toward carbon neutrality, all of which demand flexible, market-driven solutions. The core goal is to pinpoint prominent legal obstacles that hinder stand-alone Corporate PPAs and propose legislative adjustments based on international experiences, particularly those from Germany and China.

In exploring the regulation of Kazakhstan’s renewable energy sector, the research zeroes in on direct bilateral arrangements between clean energy generators and corporate consumers. The methodology combines a doctrinal review of existing laws with a comparative legal analysis of global Corporate PPA models. The findings reveal limitations such as constrained participant pools, the absence of standard contractual templates, and no mechanism to partially blend governmental support with corporate off-take arrangements. Furthermore, the research highlights the need to establish a domestic system for “green” certificates, develop model contracts, re-evaluate price controls, and extend direct contracting to non-affiliated parties. By presenting targeted legal and institutional guidelines to attract private capital, expand the share of renewables in the energy mix, and further Kazakhstan’s decarbonization, the study contributes practical solutions to meet the country’s environmental objectives. Collectively, these reforms are projected to foster greater private sector involvement and accelerate a more sustainable energy transition.

Waste recycling incentives: legal and economic mechanisms

2025-04-29T07:52:54+00:00

In the context of increasing waste volumes and the need for sustainable development, an effective waste recycling system has become a priority. This study aims to analyze the legal and economic mechanisms that encourage waste recycling to determine the most effective approaches. The research utilizes literature review methods, comparative analysis, statistical data analysis, and case studies.

The results of the study indicate that key legal mechanisms include Extended Producer Responsibility (EPR), separate waste collection, recycling quotas, and penalties. An analysis of three EPR models (individual, collective, and mixed) revealed their advantages and disadvantages depending on the specific context. Economic tools, such as subsidies, tax incentives, and environmental fees, provide financial motivation for recycling but require a balanced approach to prevent dependency on government resources and the shifting of costs onto consumers.

A comprehensive approach that combines economic and legal mechanisms has proven most effective, as evidenced by the successful experiences of countries with advanced recycling systems. The practical significance of this study lies in its potential application for developing and improving recycling incentive programs across various countries.

Ecological and Biocenotic Aspects of the Legal Regime of Animals

2025-02-17T10:46:53+00:00

This article explores the ecological and biocenotic aspects of the legal regime of animals, highlighting the importance of effective legal regulation in ensuring biodiversity and maintaining ecological balance. Animals play a crucial role in ecosystems, contributing to the stability and health of biocenoses. However, the increasing human impact on the environment necessitates the development of legislative measures to protect wildlife and regulate human interaction with it. The study addresses key issues such as the classification of animals according to their legal status, the differentiation of measures for their protection, and the implementation of international standards in national legislation. Special attention is given to the legal mechanisms for protecting endangered species and ensuring sustainable management of natural resources. The article also discusses the challenges of harmonizing environmental law with the principles of economic development. Recommendations are provided for improving legislation to strengthen the legal framework for animal protection and promote the integration of ecological considerations into policymaking. The findings emphasize the need for a comprehensive approach to legal regulation that incorporates scientific research and public awareness to achieve effective protection of biodiversity and ecological systems.

The scientific article was prepared as part of the implementation of the project AP19679495 «Issues of Regulating the Legal Status of Animals: Domestic and Foreign Experience», funded by the Committee of Science of the Ministry of Science and Higher Education of the Republic of Kazakhstan.

International practices for assessing working conditions and social guarantees at occupational risks

2025-06-07T13:58:48+00:00

In the context of globalization and technological development, the issues of labor conditions classification, occupational risk assessment, and ensuring social guarantees for workers engaged in hazardous and harmful working conditions are of particular relevance. The aim of this study is to analyze international experience in labor classification and risk assessment and to examine its impact on employees social guarantees. The focus is on the approaches applied in the European Union, the United States, and the CIS countries.

The scientific significance of the study lies in identifying patterns of legal regulation of labor rights protection in different jurisdictions. The practical significance is determined by the possibility of applying international experience to improve the national legislation of the Republic of Kazakhstan.

This study relies on comparative legal analysis, systematic and statistical approaches, along with legal modeling methods. The study identifies key trends in international regulation, including a differentiated approach to risk assessment, compensation mechanisms, and social protection.

The results obtained make it possible to formulate recommendations for improving the system of social guarantees for workers in Kazakhstan, considering the best global practices. This research contributes to the development of labor law and social policy, enhancing the level of workers' rights protection.

Victimisation in correctional institutions of the Republic of Kazakhstan

2025-06-06T07:25:44+00:00

The article is devoted to the study of the issues of victimisation of convicts in prisons. The article examines the main factors contributing to victimisation, such as social stigma, the influence of criminal subculture, inadequate protection of the rights of convicts, as well as problems of discrimination on ethnic and religious grounds. The author focuses on specific groups of prisoners most prone to victimisation, including young prisoners, minorities, persons with mental or physical disabilities and those convicted of sexual offences.

Based on an analysis of risk factors, possible measures to reduce victimisation are suggested, such as raising standards of conditions of detention, providing accessible medical and psychological care, introducing social rehabilitation programmes, and raising the legal awareness of convicts. The article emphasises the need to revise penitentiary policy in order to create safe conditions for the successful adaptation of convicts to life at large after release.

Jurisdiction over electronic contracts in cross-border tourism disputes between China and Kazakhstan: Dilemma and path

2025-06-09T08:11:38+00:00

This article discusses the jurisdiction of electronic contracts in cross-border tourism between China and Kazakhstan, and analyzes its theoretical basis, practical difficulties, and breakthrough paths. The principles of freedom of contract, closest connection, and party autonomy in private international law provide theoretical support for cross-border contract jurisdiction, but the differences between China and Kazakhstan in legal systems and industry characteristics have led to intensified jurisdictional conflicts. In reality, the two countries have significant differences in terms of the elements of electronic contract formation, consumer protection, data sovereignty, fragmentation of the place of performance, and identification of electronic evidence. To break through the dilemma, this article proposes three paths: international commercial arbitration, adjustment of domestic judicial interpretations and optimization of bilateral judicial cooperation, including measures such as promoting the alignment of judicial interpretations, establishing a system for mutual recognition of electronic evidence, strengthening the binding force of model contracts, innovating dispute resolution mechanisms and introducing third-party guarantee mechanisms. Through collaborative governance, China and Kazakhstan can build stable and efficient jurisdiction rules to provide legal guarantees for the healthy development of cross-border tourism.

Regulation on cross-border tourism between China and Kazakhstan: dilemmas & reflection

2025-06-10T20:05:59+00:00

As China’s “Belt and Road” initiative and Kazakhstan’s “Bright Road” initiative become more and more popular, cooperation between China and Kazakhstan is booming, and the legal system is becoming more and more perfect. However, as part of China-Kazakhstan service trade, the development of cross-border tourism is slightly sluggish under such a background. This article starts with the dilemma of the construction of the cross-border tourism industry and the corresponding legal system between China and Kazakhstan and presents the dilemma. Then, the reasons for the dilemma are analyzed from the perspectives of market orientation, international environment and geographical factors, and implementation issues. Furthermore, this article attempts to construct a new paradigm for the development of the legal regulation system of cross-border tourism between China and Kazakhstan. From the perspective of what the two governments can do, it is advocated to sign a national-level legal agreement or memorandum on bilateral tourism cooperation between China and Kazakhstan, and jointly plan and promote tourism routes. And countermeasures are proposed from different perspectives of the implementation of supporting systems by the administrative system and the guidance of private development. With the help of China’s unswerving expansion of all-around opening up, it is hoped that the tourism legal systems of the two countries can be improved.