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

The Role of the Biy Court Institution in the Formation of the Legal Culture of the Kazakhs

K.R. Balabiyev — 2025-09-30

This paper explores the subject of the traditional institution of Kazakh customary law in the field of justice. The subjects of research are the nature and content of the biy court activities that have been designed to ensure fair and honest consideration and resolution of disputes in the Kazakh steppe. It is especially noted that the activity of the biy court is characterized by the determination of the priority of moral and ethical principles adhered to by the Kazakh society. The scope of activities of this institute determines the relevance of introducing its principles into the modern justice system. The heritage of the biy court is the most important source in the formation and development of the legal culture of the Kazakh society. The paper presents the circumstances of the influence of the biy court on the people of Kazakhstan, not only in matters of consideration and resolution of certain cases and disputes. This refers to the field of political reforms, management issues, on which the institution of biys had social influence based on the knowledge and erudition of the provisions of customary law, the ability to apply them in various situations, and oratorical skills. The paper notes the orientation of the biy court to the moral and ethical principles adhered to in the society. Activities, actions, and decisions taken must be carried out based on humanism, compliance with the committed act and responsibility for it, and punishment. Taking into account the mentality, socio-economic, and political development of the Kazakh society, the national cultural characteristics, as well as the historical experience in resolving various disputes, can be defined as a feature of the biy court that was lost by the modern judicial system.

Separation of Powers and Judicial Independence in Kazakhstan and Germany: A Comparative Legal Analysis

Yе. Abdrassulov — 2025-09-30

This article presents a comparative legal analysis of the system of separation of powers and the independence of the judiciary in the Republic of Kazakhstan and the Federal Republic of Germany. The relevance of the research lies in the fact that, in a democratic state, ensuring institutional independence of the judiciary and maintaining a balanced interaction among the branches of power have become increasingly important. The article examines the constitutional foundations, the theoretical and historical evolution of the principle of separation of powers, and the specific features of its implementation in the legal systems of both countries. Particular attention is given to Germany’s federal structure, the role of the Constitutional Court, judicial appointment procedures, and legal mechanisms that guarantee judicial independence. In addition, the development of the judicial system in Kazakhstan, the functions of the Supreme Court and the Constitutional Court, judicial reforms, and the formation and role of the institution of legal positions are analyzed. The article also compares the role of courts in legal development and the extent to which judicial decisions are recognized as sources of law in both countries. The authors explore the possibilities and specific aspects of applying German experience in the context of Kazakhstan and offer recommendations aimed at strengthening the independence of the judiciary in the Republic of Kazakhstan. The findings contribute both theoretically and practically to the improvement of the national legal system.

Prevention of gambling addiction: current issues of public policy and legal regulation

B. Seriev — 2025-09-30

The article is devoted to the analysis of topical issues of gambling addiction prevention in the context of state policy and legal regulation in the Republic of Kazakhstan. Gambling addiction is considered as a complex social and medical problem requiring an interdisciplinary approach and coordination of efforts by various state institutions.

The paper examines the provisions of the Social Code of the Republic of Kazakhstan, the Law ‘On Gambling Business’, as well as regulatory and legal acts aimed at protecting the interests of citizens, especially young people and socially vulnerable groups. It analyses the current strategies of the World Health Organisation and the European Union, as well as the results of empirical studies published in the international databases Scopus and Web of Science.

Particular attention is paid to issues related to the balance between legal regulation and practical prevention measures, including the introduction of digital monitoring technologies, the development of social and psychological support systems, and the formation of a culture of responsible leisure activities.

The article provides a critical review of domestic and foreign approaches and identifies gaps in legislation and the practical implementation of prevention programmes. The scientific novelty of the work lies in the comparison of international experience and national legal realities, which makes it possible to develop recommendations for improving state policy in the field of gambling addiction prevention.

Legal frameworks for regulating digital nomad mobility: international experience and kazakhstani realities

B. Bokayev — 2025-09-30

The article examines contemporary practices of regulating intellectual migration and new instruments for attracting mobile professionals, including visa regimes for digital nomads and diaspora engagement programs. Based on the policy transfer approach, a comparative analysis of five jurisdictions (Spain, Portugal, Estonia, Croatia, UAE) is conducted, identifying their key features and common elements. The Kazakhstani context is analyzed through strategic documents, legislative initiatives, and empirical data from surveys of graduates of foreign universities. The analysis demonstrates that current state policy is primarily focused on attracting and repatriating foreign specialists, while flexible mechanisms for the remote engagement of Kazakhstan’s own citizens abroad remain underdeveloped. The article suggests viewing international experience as an opportunity to adapt more convenient and modern tools for working with digital nomads and the diaspora.

On the issues of legal liability of customers and organizers of public procurement

S. Ilyasova — 2025-09-30

In this article, the authors examine the theoretical and practical aspects of the legal responsibility of procuring entities and organizers of public procurement.

Purpose of the article – to analyze the legal responsibility of public procurement entities, identify problems, and develop proposals for their improvement.

Main research areas: theoretical foundations of legal responsibility in public procurement, regulation of responsibility for procuring entities and organizers, practical issues, and improvement of responsibility mechanisms. Key ideas – defining the boundaries and criteria of responsibility, eliminating legal conflicts, improving legislation, and preventing violations.

Brief description of the scientific and practical significance of the study. The article is intended for researchers, lawyers, civil servants involved in the regulation and supervision of public procurement, as well as anyone interested in improving transparency and legality in this field.

Brief description of the research methodology. The study requires a comprehensive analysis; therefore, both general scientific and special empirical and theoretical research methods were applied.

Main research findings and conclusions. The analysis identified gaps in legislation and examined law enforcement practices. Conclusions were formulated on the further improvement of legislation and enhancement of the responsibility of procuring entities.

This study makes a significant contribution to improving the mechanisms of responsibility for procuring entities and organizers of public procurement. It is distinguished by its scientific novelty and high practical relevance.

Practical significance of the results. The findings can be used by procuring entities, suppliers, courts, law enforcement, and regulatory authorities.

Comparative legal analysis of international experience in corporate dispute resolution: institutional approaches and possibilities of adaptation to the legislation of Kazakhstan

Sh.T. Baikenzhina — 2025-09-30

The article is devoted to the comparative legal analysis of institutional approaches to corporate dispute resolution in leading foreign jurisdictions and the possibilities of their adaptation to the legislation of the Republic of Kazakhstan. The purpose of the study is to identify key elements through the prism of global legal practice that ensure the effectiveness of corporate dispute resolution – the availability of specialized courts, a well-developed system of arbitration and mediation, protection of minority shareholders' rights and flexibility of procedures. To achieve this goal, analyzed the effectiveness of foreign approaches in terms of the speed of dispute resolution and transparency of procedures, and explored best practices and legal instruments potentially applicable in the legal field, considering the specifics of national legislation, judicial practice and institutional infrastructure. The scientific and practical significance of the work lies in the systematization of international experience and the definition of directions for the reform of national legislation. The methodological part uses comparative law, formal law and the method of legal modeling. As a result, institutional and procedural mechanisms have been identified to ensure the effectiveness of corporate dispute resolution in different legal systems, and the conditions for their possible integration into the Kazakh legal system have been analyzed. The work contributes to the development of legal institutions in corporate law and suggests ways to improve law enforcement practice in the Republic of Kazakhstan. The practical significance lies in the formulation of recommendations for participants in the corporate process and judicial authorities.

International experience in the application of mediation procedures in the field of dispute (conflict) resolution in pre-trial proceedings

Ye. Daurembekov — 2025-09-30

The article examines alternative methods of dispute (conflict) resolution through the use of mediation procedures in pre-trial proceedings, and also studies the experience of foreign countries in the practical application of this institution when a conflict arises between the parties in civil and criminal proceedings. Studying the current state of the materials of court cases in every way makes one think about the need to reduce the workload of judges and the judicial system as a whole. Considering the international experience of using mediation procedures in countries such as Great Britain, Germany and Italy, the question of the effectiveness of using the institution of mediation in pre-trial proceedings is surprising. The article under consideration examines not only the international practical experience of using mediation procedures, but also the settlement of disputes at the legislative level in the field of mediation in foreign countries. Based on the conducted comprehensive comparative analysis of national legislation with international legislation, as well as on the application of the institution of mediation in pre-trial proceedings, it can be said that the number of practical applications of mediation procedures is low, on the stability of the caseload in the judicial system and the ineffectiveness of the legislation itself in Kazakhstan.

The main objective of the study is to develop effective measures for the application of alternative methods of conflict resolution in Kazakhstan through a comparative analysis of international practical experience in the application of mediation procedures in pre-trial proceedings. This study is aimed at improving national legislation and increasing the effectiveness of the use of the institution of mediation in pre-trial proceedings.

The empirical base used was statistical data from the Committee on Legal Statistics and Special Records of the Prosecutor General's Office of the Republic of Kazakhstan, and materials from civil and criminal cases were studied. This article examines the main provisions of the Law of the Republic of Kazakhstan "On Mediation" adopted on January 28, 2011, No. 401-IV, as well as the United Nations Convention on International Settlement Agreements Reached through Mediation adopted on December 20, 2018, and the domestic legislation of foreign countries. As a result of the conducted research, the authors propose various approaches to the interpretation of methods of dispute resolution (conflict) in pre-trial proceedings, which will reduce the burden of the volume of movement of materials of criminal and civil cases from the judicial system of Kazakhstan and increase the effectiveness of the use of mediation procedures.

Relevance of reforming water legislation under current conditions of Kazakhstan's development

K.U. Orazaliev — 2025-09-30

The scientific article presents a review of the country's current legislation regulating water resources management activities, assesses the current situation, and discusses the relevance of reforming water legislation at the current stage of Kazakhstan's development. The authors of the article suggest that new approaches are required to address the issues of legal regulation of relations in the field of water resources use and protection. This necessity is connected, first of all, with the growth of threats coming from new challenges under conditions of ecological and economic problems in the country.

The purpose of the scientific article is to review the current legislation of the country regulating water resources management activities, assess the current situation, and analyze the actions and opportunities for reforming water legislation at the current stage of Kazakhstan's development.

With the establishment of the new ministry, normative documents necessary for the sector were developed, projects to increase water resources began to be implemented, and measures were taken to develop international cooperation. However, according to the authors, the possibilities of the current legislation, both at the national level and at the level of interstate contractual-legal relations, do not fully take into account the emerging new challenges, so they require further improvement.

The authors conclude that the adoption of a new code regulating the industry, revision of strategic documents and new approaches of the state policy in the development of the industry are a necessity and relevant for today.

Trade unions' function in labor dispute resolution as a social partnership entity

Zh. Bekbutayeva — 2025-09-30

This investigation primarily examines the function of trade unions as participants in social partnerships and potential mediators in employment disputes within Kazakhstan. This research aims to elucidate the processes, responsibilities, challenges, and roles of trade unions in workplace relationships. Therefore, this research is useful to both the scientific community and practice, as it contributes ideas for increasing the effectiveness of partnership arrangements.

In research uses both the theoretical and practical analysis, a clearly defined logical method, as well as the method of consecutive conclusions to provide a comprehensive analysis of the facet of the trade unions. Some of the findings include the fact that trade unions play a vital role in the process of industrial relations, particularly as a way of addressing conflict and protecting workers’ interests.

Key findings highlight the proactive role of modern trade unions in conflict prevention and resolution, as well as challenges they face, such as limited legal authority and political influence. The research identifies collective bargaining and social partnership agreements as important tools for maintaining stable labor relations. It also emphasizes the need for legal and organizational measures to strengthen trade unions' position in protecting workers' rights. The research contributes to understanding the evolving role of trade unions in Kazakhstan's labor relations and offers insights for enhancing their effectiveness in conflict resolution within the social partnership framework.

Investment Policy of Kazakhstan’s Funded Pension System: Legal Aspects and Reform Directions

B. Amirova — 2025-09-30

This article considers legal aspects of the investment policy of the funded pension system of the Republic of Kazakhstan, as well as the main directions of its reforming in modern conditions. The relevance of the topic is conditioned by the need to improve the efficiency of pension assets management, to ensure transparency of investment activities and reliability of the system of protection of pension savings of citizens.

The article sets the task of analysing the current legislation regulating the investment of pension funds, identifying existing problems and legal risks, as well as developing proposals for their elimination. The aim of the research is to study the legal framework regulating the investment policy of the Unified Accumulative Pension Fund (UCPF), to assess its compliance with the principles of sustainable development, and to develop areas for improving legal regulation.

The research methods used are comparative legal analysis, system approach, logical, and formal-legal methods. Special attention is paid to the international experience of regulating the investment activity of pension funds and the possibility of its adaptation to the Kazakhstan legal system.

The analysis identified key problems, including insufficient diversification of assets, limited transparency of investment decisions, and the need to strengthen institutional control.

The paper concludes with proposals for investment policy reforms aimed at improving the efficiency, sustainability and legal protection of the funded pension system.

Criminological assessment of the influence of penitentiary subculture on crime in correctional facilities

R.B. Turysbek — 2025-09-30

This study addresses the pressing issue of the penitentiary subculture's influence on crime dynamics within correctional institutions. The goal is to assess the degree and mechanisms of this impact and propose ways to neutralize harmful subcultural factors. The research focuses on the nature and structure of the penitentiary subculture, its historical development in Kazakhstan, and its influence on the criminogenic situation, criminal socialization, and recidivism. The main idea is that the penitentiary subculture is a stable, informal system that negatively affects law and order in detention facilities and obstructs convict resocialization.

The scientific value of the study lies in its comprehensive criminological analysis of the penitentiary subculture's impact on crime within Kazakhstan’s penitentiary system. Its practical significance includes its potential use by the Criminal Justice System, Prosecutor’s Office, Ministry of Internal Affairs, and in developing crime prevention programs.

The results demonstrate that the penitentiary subculture is a socio-normative phenomenon with its own hierarchy, values, and norms, deeply rooted in the Soviet-era penitentiary system. The study shows that the subculture influences convict behavior, promotes criminal socialization, establishes informal hierarchies, and increases recidivism. A comparative analysis with international practices emphasizes the need for comprehensive reforms to improve detention conditions and enhance resocialization efforts.

This research contributes a new, systematic criminological perspective on the penitentiary subculture’s impact on crime in Kazakhstan, filling a gap in domestic science. Its practical outcomes support the development of measures to combat intra-systemic crime, improve resocialization programs, and reduce recidivism among released prisoners.

Deepfake technologies and social engineering in online fraud forms, mechanisms, and legal challenges

A.B. Smanova — 2025-09-30

The digital world has undergone fundamental changes through generative neural networks that are advancing at a fast pace in artificial intelligence development. Deepfake technologies enable users to generate realistic audio and video content that duplicates actual recordings. The combination of these tools with social engineering techniques makes fraudulent schemes more believable which results in financial losses and increased cybercrime activities. Multiple jurisdictions, including Kazakhstan, face challenges in creating effective legal frameworks to address these emerging technological developments.

The research investigates deepfake technology and social engineering methods used in online scams while identifying legal obstacles to prevention and proposing solutions for the improvement of legislation and institutional practices.

The scientific value and practical relevance of the work lie in clarifying the interaction between psychological manipulation and generative AI, as well as in providing proposals for shaping a national strategy to counter cyber threats. The methodology relies on a comprehensive analytical approach that includes the study of documented cases of synthetic media misuse, comparative analysis of international and national legislation, and assessment of preventive strategies.

The findings show that deepfakes are widely applied in executive impersonation scams, circumvention of voice biometric systems, investment fraud using fabricated images of public figures, and privacy violations such as extortion. The key legal challenges include difficulties in crime qualification, authentication of digital evidence, cross-border dimensions of cyberattacks, and allocation of liability between perpetrators and online platforms.

The study concludes that an integrated approach is required, combining technological tools for thedetection and labeling of synthetic media, legal reforms to strengthen criminal and procedural law, harmonization of international norms, and educational measures to improve digital literacy. This research contributes theoretical and practical foundations for a systemic response to cybercrime involving deep synthesis technologies.

International and domestic legal frameworks on online fraud and deepfake technologies: a comparative criminal law analysis

K.M. Beaver — 2025-09-30

The relevance of this study stems from the rapid development of digital technologies and the introduction of generative artificial intelligence, which has given rise to new forms of online fraud, particularly those involving deepfakes. These technologies, capable of producing audio and video content that is virtually indistinguishable from authentic sources, significantly enhance the manipulative potential of fraudulent schemes and complicate their detection. Existing international and national legal mechanisms remain insufficiently adapted to these emerging challenges.

The article aims to provide a comparative analysis of international and domestic legal frameworks addressing online fraud involving deepfake technologies, to identify legal gaps, and to suggest directions for their resolution. The object of the research is deepfake technologies and social engineering in the context of fraud, while the subject concerns criminal law mechanisms for their prevention and prosecution.

The methodological framework combines system and comparative analysis, content analysis of legal instruments and academic literature, case studies, as well as classification and generalization.

The findings indicate that international instruments, such as the Budapest Convention, lack explicit provisions addressing deepfakes, thereby reducing legal certainty and requiring expansive interpretation. At the domestic level, substantial divergence is observed: while the United States, the United Kingdom, and the European Union are developing specialized norms, post-Soviet jurisdictions predominantly rely on general provisions on fraud and forgery. Judicial practice reveals difficulties in the qualification of offenses, detection of synthetic content, forensic examination, and ensuring consistency in enforcement.

The study concludes that effective responses require the elaboration of specialized legal norms, the harmonization of international approaches, and the strengthening of institutional cooperation. The practical significance lies in providing recommendations for the modernization of national legal systems and the enhancement of international efforts to counter transnational threats of online fraud facilitated by deepfake technologies.

Legislative Predicaments and System Reconstruction of China’s Low-Altitude Economy From the Perspective of Normative System Synergy

Jian ya Hu — 2025-09-30

The low-altitude economy has rapidly developed into a strategic emerging industry in China, driven by reforms, policy initiatives, and technological innovation. While the Civil Aviation Law provides a foundational legal framework, existing legislation has revealed contradictions in normative logic, fragmented regulation, and insufficient responsiveness to technological advances. This article examines the legislative predicaments of China’s low-altitude economy and proposes “legislative synergy” as a guiding theoretical perspective to address them. Using literature review, empirical analysis, and comparative study, the paper identifies three core challenges: hierarchical imbalance within the normative system, regional coordination obstacles, and lagging adaptation between technical standards and legal norms. By analyzing international experiences—particularly the hierarchical framework of the United States and the regional coordination mechanism of the European Union—the study offers a path for reconstructing China’s normative system. It argues that achieving coherence across legal hierarchies, enhancing cross-regional governance, and embedding technological adaptation into legislation are crucial for transforming policy into effective legal norms. The findings contribute to theoretical and practical discussions on airspace governance and provide legislative support for the high-quality development of the low-altitude economy.

BRICS Countries’ De-Dollarization Strategy and Implementation

Xue Li — 2025-09-30

Since the mid-20th century, the US dollar has been the most popular currency in the global financial system and plays the most important role in global transactions. However, today, the BRICS countries have all started the process of de-dollarization. This article takes Russia, one of the BRICS countries, as an example to briefly describe its de-dollarization process. Furthermore, although the de-dollarization strategy of the BRICS countries will bring certain inconveniences in terms of economy and system, it will still bring many advantages to make up for it. Due to the two internal driving forces of economic scale and resource scale, the BRICS countries have to and will inevitably implement this strategy. This article then analyzes the specific measures of the “BRICS countries” to de-dollarize at the economic level and institutional structure level. Eventually, the perspective focuses on China and puts forward a series of meaningful strategic implementation suggestions for China to further deepen the de-dollarization strategy. These measures can increase the proportion of the RMB in the regional economy and the world economic cycle, further facilitating the de-dollarization strategy of the BRICS countries.

Micro-credentials and Lifelong Learning in Higher Education: Italian and Kazakh regulatory frameworks

L. Lantero — 2025-09-30

Micro-credentials have gained attention in public policies over the last few years. This paper, the scope of which is on micro-credentials in higher education with a particular focus on the European and Asian perspective, will explore the key policy documents in the European context, some of the available evidence, and the link between Higher Education, training, labour market and micro-credentials in the analysis of two national case studies in Italy and Kazakhstan.