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

The legal nature of the regulatory decisions of the Supreme court of the Republic of Kazakhstan

B.U. Turegeldiyev — 2023-12-25

The present аrticle is based on the study of the nature of the regulatory resolutions of the Supreme Court of the Republic of Kazakhstan on the legal platform, as well as in determining the place of normative decisions of the Supreme Court in the public consciousness at the present time and the contribution to the establishment of legality, the place in the categories of legal acts. The analysis of the contribution to the Judicial system and Common Law formation in the sequence of application of legality and legal standards are given, the results are criticized. In the legal field, the definition of the meaning of normative decisions of the Supreme Court and its constant practical application.

This article seeks to assess the legal status, functions and consequences of normative decisions by Kazakhstan's Supreme Court on legislation and law enforcement in Kazakhstan. Specifically, its study seeks to explore their specificities within Kazakhstan's legal system as well as with relation to legislative bodies.

This work has significant theoretical and practical importance, contributing to an enhanced understanding of legal regulation mechanisms in Kazakhstan as well as exploring how judicial practice influences legal norm formation. The focus of the present research lies on an examination of legislation, legal normative acts and judicial practice.

Topical issues on the formation of professional legal consciousness of a judge

E.B. Abdrasulov — 2023-12-25

Research concerning formation of professional legal consciousness of judges occupies a vital place within modern legal systems. Studies are undertaken in this regard in order to explore processes and mechanisms underlying formation, while simultaneously analyzing their effect on quality and efficiency of judiciary services.

This study seeks to identify, analyse and systematise factors contributing to the formation and development of professional legal consciousness among judges. Research efforts will mainly involve studying theoretical aspects of legal consciousness; reviewing existing approaches used for education and practical training of judges; as well as measuring its effect on developing professional legal consciousness over time through practice judicial examination.

Scientific and practical relevance lies within this work's significance for understanding processes that form judges' legal consciousness, essential for improving judicial system quality. Methodologies employed include comparative analysis, investigation of normative documents and court practice as well as empirical methods.

The main results of this research include identification and recommendations of key influences affecting judges' legal consciousness formation, with particular attention paid to how those factors interact with one another. Finally, its conclusions emphasize the necessity of taking an integrated approach when training and developing judges involving both theoretical and practical activities.

This study's value lies in its contribution to understanding how judges form professional legal consciousness that ultimately improves justice delivery and strengthens rule of law. Furthermore, its practical significance manifests itself by producing specific recommendations designed to increase professionalism and efficiency within judicial systems.

Legal aspects of providing the population with high-quality drinking water in the Republic of Kazakhstan

A.E. Bekturganov — 2023-12-25

The proposed article examines the legal issues of providing the population with high-quality drinking water.The importance of providing the population with drinking water and the need for legal influence on it is also considered. Today, there is a problem of water shortage all over the world due to changes in the global climate or other factors. From the point of view of natural law, humanity has equal rights to quality water and no one should be given an advantage over others. After all, the health of the population and social status directly depend on high-quality drinking water. Undoubtedly, water not only satisfies the natural needs of a person, but also affects his health.the main goal of the city is the theoretical legal study of providing the population with high-quality drinking water, bringing proposals for improving domestic legislation and practice. The main part of the article analyzes the historical legal aspects of providing the population with high-quality drinking water, presenting mechanisms for improvement in the conditions of the Republic of Kazakhstan, taking into account the current regulatory situation. In the final part, the authors propose effective ways to improve the quality of drinking water supply to the population in the conditions of the Republic of Kazakhstan.

The institute of the ombudsman (commissioner for human rights) in the public power system

A.B. Ashirbekova — 2023-12-25

The ombudsman institution plays an important role in the system of state bodies that ensure the rights and freedoms of people and citizens. In the article, in the context of the theory of separation of state power, the issue of the legal features of the ombudsman (human rights commissioner) in the system of state bodies raised. In addition, the concept and meaning of the ombudsman institution is revealed, and its place in the system of state authorities is analyzed. Three models of the ombudsman institute working in the states in modern times describes executive, independent and parliamentary. The purpose of the article is to determine its position in the system of state power by studying the legal status of the ombudsman institution, based on the norms established in national legislation. The works of foreign and domestic scientists who made a significant contribution to the study of the history of the formation and development of the Ombudsman Institute noted. Research methods of the Human Rights Ombudsman Institute described. In addition, the legal status of the ombudsman (Human Rights Commissioner) is described based on the articles of the Constitutional Law "On Human Rights Commissioner in the Republic of Kazakhstan" adopted on November 5, 2022.

Selected issues of participation of persons with disabilities in public procurements in the Republic of Kazakhstan

B.B. Tursynova — 2023-12-25

Many countries around the world are actively incorporating elements of sustainability in their public procurement contracts. One of these elements is the social aspect that allows states to deal with the unemployment of persons with disabilities while also ensuring that their needs for goods and services are met. To achieve the above goal, the state, when conducting public procurement, provides certain advantages to public associations of persons with disabilities of the Republic of Kazakhstan and (or) organizations that are created by public associations of persons with disabilities of the Republic of Kazakhstan, provided that they produce goods and (or) supply goods, perform work, provide services.

This article examines the procedure for legal regulation and provision of advantages to certain categories of participants in public procurement and identifies gaps that affect the possibility and effectiveness of their participation to improve the current state that involves such persons who participate in public procurement.

The article draws conclusions from the problems of unfair use of benefits of the state for persons with disabilities by other persons who do not have the right to it, and also considering various schemes for withdrawing funds. In other terms, the current legislation which was aimed to satisfy the needs of persons with disabilities giving opportunities to exercise their rights has not been achieved. The article also promotes the idea to provide benefits for categories of social entrepreneurship entities and organizations whose activities are aimed at solving social problems through their participation in public procurement.

Implementation of the constitutional novel on the right of ownership of the people of Kazakhstan to natural resources

S.K. Idrysheva — 2023-12-25

The article discusses questions about the legal qualification of the people's property rights to natural resources enshrined in the Constitution of the Republic of Kazakhstan and the implementation of this right in practice. For these purposes, a theoretical analysis of issues about subjects and objects of the new category of property rights was carried out, issues of implementing the constitutional innovation in sectoral legislative acts were analyzed, and shortcomings in legislative activity in this area that impeded the implementation of the people's property rights to natural resources were identified.

By analyzing the powers of the owner, some essential characteristics and signs of a new category of property rights have been identified, distinguishing this category from other forms of property rights and property rights in general; The people's property right to natural resources is defined as a special property right that has specific characteristics.

In this regard, the issues of an indirect method of realizing the people's property rights to natural resources through the use of easement rights of ownership and use of natural resource plots belonging to other persons and receiving a share of the income resulting from their use of natural resources are considered.

In the Conclusion, the author made specific conclusions based on the results of the issues considered.

Legal and theoretical foundations of the digitalisation of crime investigation

A.A. Tolybayeva — 2023-12-25

With the rapid advancement of information technology and digitalization of society comes an ever-increasing emphasis on understanding its legal and theoretical foundations in crime investigation, specifically regarding digitalisation of crime investigation. This study is dedicated to an in-depth exploration of this topic from both legal and theoretical angles that cover its application within criminal proceedings.

Scientific research serves the dual purposes of evaluating existing legislation and theoretical approaches regarding digitalisation of crime investigation processes as well as identifying problems and suggesting ways to resolve them. Our primary areas of work involve studying legal norms regulating use of digital technologies in criminal procedure and forensics investigations as well as theoretical models of investigation.

Scientific and practical significance of this work lies in its in-depth examination of how legal norms interact with technological capabilities for crime investigation purposes. Research methods employed include legislation analysis, scientific literature reviews and real case examples as well as expert interviews.

The main findings of this paper demonstrate that digitalization of crime investigation requires not only technological innovations but also appropriate legal regulations and theoretical justification of methods and approaches. Furthermore, conclusions were drawn regarding further development of legal frameworks and theoretical concepts within this realm.

The role and importance of digitalization in the activities of the prosecutor's office to protect the rights of entrepreneurs

D.B. Kalmaganbetova — 2013-12-25

The article examines the issues of introducing digital technologies into the activities of the prosecutor's office to protect the rights of entrepreneurs. In connection with the impact of innovative development, the transformation of the public space of all spheres of social life is taking place, which is based on the rapid development of the digitalization process. Digital technologies have proven to be a key part of the solution during the crisis, allowing governments to continue providing essential social services, enabling many businesses to continue their operations and keeping people connected. The potential of digital technologies as a transformative force for nations is clear, as is the commitment to bridging the digital divide.

The team of authors analyzes current problems and prospects for organizing prosecutorial activities in the context of digitalization. The interaction and integration within formation systems of other state bodies and their role in the implementation the entire process of digitalization and the protection of the rights of entrepreneurs.

Some issues of cyberbullying prevention in the Republic of Kazakhstan

N.B. Kalkayeva — 2023-12-25

The purpose of the article is to form measures to prevent cyberbullying, a common phenomenon today. The article discusses the concept of bullying, including the content of cyberbullying, the system of measures necessary to prevent cyberbullying, and the subjects involved in the prevention of cyberbullying. The methodological basis of the study is the provisions of the sciences of criminology, victimology.

The urgency of preventing cyberbullying is associated with the growing use of modern technologies and social networks, which have become an integral part of the lives of many people, especially teenagers and children. Cyberbullying is a form of psychological violence that occurs through the Internet and other digital technologies.

Cyberbullying can lead to serious consequences for the victim, such as depression, anxiety, low self-esteem, and in some cases, suicide. Therefore, the prevention of cyberbullying is an important task for society.

Prevention of cyberbullying should include teaching children and adolescents to safe behavior on the Internet, establishing rules for the use of social networks and messengers, as well as teaching parents and teachers how to recognize and prevent cases of cyberbullying.

For the prevention of cyberbullying, it is also important to create special services that will deal with the prevention and investigation of cases of cyberbullying, as well as provide assistance to victims.

The authors of the article state that the prevention of cyberbullying is a necessary measure to ensure the safety of children and adolescents on the Internet. It should be implemented at the level of society, including State organizations, educational institutions and parents.

The features of women's criminal liability under the legislation of the Russian Federation, the Republic of Kazakhstan and the Republic of Chad: comparative legal aspect

A.F. Abdulvaliev — 2023-12-25

The article examines the comparative legal aspects of women's criminal liability under the legislation of the Republic of Chad, the Russian Federation and the Republic of Kazakhstan in the issue of sentencing. The relevance of the study is due to the lack of works containing a comparative analysis of domestic criminal legislation with foreign, differing in the applicable law – Islamic.

The main method of scientific research was the comparative legal analysis of the criminal law norms of the three states. Methods of systematization and generalization were also used to structure the information received and formulate the conclusions reached by the authors.

The authors concluded that, unlike the criminal legislation of the Russian Federation and the Republic of Kazakhstan, the criminal legislation of the Republic of Chad does not provide for any guarantees and indulgences for women, providing for them, along with men, a general rule of sentencing and joint detention while serving a sentence. Therefore, it is necessary to amend the Criminal Code of the Republic of Chad, affecting the issue of mitigating the criminal responsibility of women, as well as the place of detention while serving a sentence.

Procedural problems of determining the level of proficiency in the language of legal proceedings by participants in the process

R.A. Adilmuratova — 2023-12-25

The problems of determining the level of proficiency in the language of legal proceedings by participants in the trial are highlighted. This is a critical aspect of the fairness and effectiveness of the legal system. Failure to understand the language of legal proceedings leads to a violation of the rights of a participant in the process. The article is devoted to the analysis of issues related to ensuring compliance with the principle of the language of legal proceedings in criminal proceedings. The analysis is based on the study of legislation, scientific material, judicial acts of the Republic of Kazakhstan, documents of law enforcement practice regulating the participation of an interpreter in the process of criminal proceedings. The article establishes criteria that determine the degree to which participants have perfect or insufficient proficiency in the language of legal proceedings. Issues of using legal vocabulary, correct understanding of legal norms and legal documents, using legal style, and others are considered. Fluency in the language of a person participating in a trial does not guarantee a complete understanding of legal terminology. Therefore, in the pre-trial and judicial process, when preparing procedural documents, it turns out that the participants in the process do not fully speak the language of the proceedings, which leads to a significant difficulty in understanding the entire case. In order to avoid such problems, based on an analysis of research, a number of criteria are proposed by which insufficient proficiency in the language of legal proceedings can be determined by passing certain procedures and the degree of proficiency in the language of legal proceedings can be experimentally determined. At the same time, the need to take into account these criteria when assessing proficiency in the language of legal proceedings and the importance of attracting qualified translators to ensure correct understanding and effective participation of participants in legal proceedings is emphasized. Analyzing these issues is critical to ensuring that trials are handled fairly and legally from the perspective of the participants' linguistic competence.

Administrative appeal as a legal process: meaning and role

A.S. Persheyev — 2023-12-25

The article explores the importance of social legal awareness development, as well as the provision of Constitutional Law and Administrative Law mechanisms of the right to human rights and freedoms defense. The purpose of the article is the essential role of the administrative complaint concept in society. It analyses legal support process, the subject and the importance of the complaint procedure, when considering appeals by the current State Bodies. The introduction of the administrative appeal procedure in order to increase public confidence in public authorities, including Law Enforcement Agencies in present time, and determine the importance of the administrative complaint process as a process. Ensuring the study of the essential role of Administrative Appeal Law as a process.

This article seeks to examine both the mechanisms and procedures of administrative appeal as well as its effectiveness and impact on legal systems. Specific areas for study are legal framework, procedural aspects and practical implementation of administrative appeal.

This work plays an invaluable role in understanding justice systems and administrative management, deepening legal knowledge and improving citizen legal defense effectiveness.

The analysis has demonstrated the power of administrative appeal as an effective mechanism for protecting citizens' rights and liberties while increasing state bodies' transparency and responsibility. In this article are provided recommendations on improving appeal procedures.

Виртуалды кеңістікте зорлық-зомбылық көрген балаларға келтірілген зиянды өтеу туралы

A.B. Omarova — 2023-12-25

The object of research in this article is the legal aspects of compensation for harm caused to children who have been subjected to violence in the virtual space. The development of information and communication technologies has led to the emergence of new types of violence, such as cyberbullying, online harassment and child pornographic content. In this regard, the motivation of the study is the need to analyze compensation for harm as a way to protect the rights of children who have suffered from violence in the online environment. The authors used methods for analyzing research data conducted in the field of law, psychology and information technology, reviewed existing legislative measures and international standards regulating this problem, and also analyzed the effectiveness of legal mechanisms for protecting children from virtual violence. Recommendations are offered to improve the protection of the rights of children subjected to violence in the virtual space. The article was prepared under the project IRN BR 27882414 “Program for the support and rehabilitation of child victims of violence: practical implementation of a network of modular resource centers.” The presented results are important for solving the problem of compensation for harm to children subjected to violence in the virtual space. They can be used to create rehabilitation and assistance programs for children who have suffered from online violence and for further research into the problem.

Procedural features of consideration of certain categories

A.A. Seidimbek — 2023-12-25

The article conducts a study of the procedural features of the consideration of certain categories of civil cases. The specifics of various categories of cases considered in civil proceedings require special attention and timely changes to the legislation to ensure timely and fair resolution of civil disputes. It has been determined that the legal mechanism for resolving civil disputes is built on a well-known two-element basis: pre-trial/extrajudicial, judicial. Ignoring this simple rule leads to overloading of courts, which does not contribute to the quality of their work. Special attention is paid to the study of issues of consideration of labour disputes. The problem of the timing of preparation and consideration of cases, which was significantly changed when the new Civil Procedure Code of the Republic of Kazakhstan was adopted on October 31, 2015, is disclosed in detail. The method of simplifying the resolution of civil disputes presented in the Code of Civil Procedure does not fully consider the nature and characteristics of cases of disputes arising from labour relations. As a result of the article, recommendations are proposed aimed at developing for certain categories of cases, in particular cases arising from labour relations, a separate procedural model for their resolution. Specifically in labour disputes, it seems possible to provide for shorter terms for consideration of the case. It is also possible to introduce special procedures to expedite the processing of cases depending on their industry category.

Problems of implementation by insurers of the right of recourse to the person who caused the damage

M. Bayan — 2023-12-25

The authors of this article analyze the current legislation in the field of civil liability insurance of vehicle owners in terms of the use of the insurers’ right of recourse to the person who caused the damage. Article 28 of the Law “On Compulsory Insurance of Civil Liability of Vehicle Owners” dated July 1, 2003 regulates the recovery of insurance payment by way of recourse (regress claims). Analysis of the practice of implementation by insurers of this right in court has revealed some shortcomings and imperfections of the Article 28 of the Law under consideration. As a result, the authors of the article offer recommendations for improving the rules governing the relations associated with the implementation by insurers of their right of recourse to the insured (insured).

The introduction of the institution of compulsory insurance of civil liability of vehicle owners has significantly reduced the burden on the judicial system in terms of disputes on recovery of damage caused as a result of a traffic accident. However, in the judicial practice on this type of insurance, many questions arise. The recommendations in the article are based on the results of court disputes involving the author of the article.

Trends in regulating the capabilities of artificial intelligence in the field of medicine in the era of globalizing international law

A.Y. Yelegen — 2023-12-25

Today, artificial intelligence should be considered as one of the integral parts of human life, which is directly interconnected with new trends in the development of information and communication technologies in the life of society. The main difficulty in the study of artificial intelligence is its complexity, since the use is carried out at the junction of several areas of knowledge, which should include international law.

The problems under consideration have not lost their relevance at the present time. In order to compare different legal systems within the framework of this study, it is proposed to analyze the norms of international law in order to establish the best model for possible adaptation of the legal norms of different states and bring them to a common denominator.

Many states note as one of the priority tasks the legal regulation of artificial intelligence and its use in various spheres of society, including in the field of healthcare. This task has gained increased urgency, including in connection with the development and spread of a new coronavirus infection, which further intensified the penetration of information and communication technologies into the everyday spheres of society, which was implemented, among other things, through the introduction of artificial intelligence technologies.

Legal aspects of the development of integration processes in the Eurasian Economic Union

Ye.M. Abaideldinov — 2023-12-25

The article discusses issues related to integration processes within the Eurasian Economic Union (EAEU) and explores general patterns of integration observed in modern states. It examines the varying speeds of integration within the EAEU. While the Union State of Russia and Belarus has been forming since the 1990s, the active phase of its establishment and the pursuit of goals outlined in the Treaty on the Establishment of the Union State began in 2022. In May 2023, Kazakhstan was also invited to join this Union State, but it rejected the proposal at the highest political level and instead suggested focusing on the prospects for economic integration within the EAEU. This created a unique situation where there were two types of integration within a single integration association. On one hand, there is the Union State of Belarus and Russia, and on the other hand, there are the remaining EAEU members, including Kazakhstan, who collaborate under the framework of the Treaty on the EAEU signed on May 29, 2014. The article also discusses the practical implementation of the Strategic Directions for the Development of Eurasian Economic Integration until 2025. It analyzes certain provisions of the treaty concerning the powers of the EAEU Court, raising doubts about whether they align with the interests of Kazakhstan. A comparison is made between the legal consolidation of integration processes in the European Union through the practices of the EU Court of Justice and the potential assignment of similar functions to the EU Court of Justice. In conclusion, the article suggests that during the simultaneous pursuit of sovereignty by states and entry into integration associations, it is important to preserve and develop statehood and independence. Cooperation within the EAEU should be supplemented by broader economic interactions with all interested countries and integration associations worldwide.

Legal basis for harmonization of insurance legislation in the conditions of the EAEU

M. Bayan — 2023-12-25

Within the framework of this article, the issues of transformation of the insurance legislation of the Republic of Kazakhstan in connection with the harmonization of the legislation of the member states of the Eurasian Economic Union (hereinafter – EAEU) are considered. In accordance with the legislation of the EAEU, it is planned to form a common financial market within the EAEU. In this regard, regulatory legal acts regulating public relations in the banking sector, the insurance market and the securities market will be brought into uniform compliance. To achieve the concluded contractual obligations within the framework of the EAEU, Kazakhstan is improving insurance legislation. The author summarizes the regulatory legal framework for the harmonization of insurance legislation, makes conclusions and suggestions for improving the insurance legislation of the Republic of Kazakhstan.

The analysis of the legal basis for the harmonization of insurance legislation in the EAEU is important for determining the main directions for improving the insurance legislation of the Republic of Kazakhstan. When harmonizing the insurance legislation of the Republic of Kazakhstan with the relevant legislation of the ECO member countries, it is necessary to take into account the national insurance policy.

Application of modern information technologies as a necessary means of preventing and stopping conflict interests in the judicial activities of Russia

E.V. Ryabtseva — 2023-12-25

The article analyzes the influence of artificial intelligence on the development of justice in Russia. Taking into account the experience of foreign countries, proposals are made aimed at minimizing corruption risks in judicial activities through the use of information technology. It is substantiated that information technologies used to prevent and suppress conflicts of interest as a guarantee of the independence and impartiality of judges can become part of the ongoing digitalization of justice. As an effective way to prevent conflicts of interest, it is proposed to develop specialized programs that would help judges assess certain situations of conflict of interest and take appropriate measures aimed at preventing it. It is concluded that the system of electronic distribution of cases existing in Russia today makes it possible not to distribute to the judge those cases in which relatives and family members work, which seems insufficient to eliminate conflicts of interest when using the modern system of distribution of cases. The more clear parameters are developed for a system that provides electronic distribution of cases, the fewer situations of conflict of interest will arise. The article substantiates that the optimization of the system for managing conflicts of interest in judicial activities is directly related to information systems, the creation of a single electronic resource for the prevention of conflicts of interest, including: electronic consultation of judges on conflict of interest situations; electronic distribution of cases by excluding from consideration by the judge those whose participation entails a conflict of interest; checking candidates for the position of judge to establish the circumstances preventing their appointment.