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

Administrative responsibility for offenses in the religious sphere

L.T. Zhanuzakova — 2024-12-30

The relevance of the research topic is determined by the influence that religion possesses on the life of modern society. Religious beliefs often serve as the basis for forming moral and ethical norms, providing people with a system of values and rules of behavior oriented towards spiritual growth. However, they can also be the cause of disagreements, disputes, and conflicts among individuals, leading to violations of laws, rights, and freedoms of individuals and citizens. Currently, Kazakhstan has established the necessary legal framework for regulating the relations between the state and religious associations. Norms of administrative and criminal liability for violations of legislation on these matters are provided. However, processes occurring in Kazakhstani society indicate an increase in violations in the religious sphere, caused by the influence of destructive religious movements, as well as the growth of poverty among the population. In this regard, the state must apply necessary legislative and organizational-preventive measures to prevent violations, both from religious associations and individual believers, as well as individuals engaged in missionary activities, and from the state itself in terms of ensuring freedom of religion for individuals. The aim of this article is to analyze the novelties proposed in the Code of the Republic of Kazakhstan "On Administrative Offenses" and provide their legal assessment. During the research, foreign experience in legal regulation of responsibility for committing administrative offenses has been studied, and a comparative analysis has been conducted with Kazakhstan's legislation and existing law enforcement practices. Based on this analysis, recommendations have been developed to improve the administrative offense legislation of the Republic.

Legal issues in joint developments of South Korea and Kazakhstan in the field of subsoil use

B.A. Zharmakhanbetova — 2024-12-30

South Korea and Kazakhstan are actively developing cooperation in the field of subsoil use, seeking to combine their resources and technological capabilities for mutually beneficial partnership. Kazakhstan, which has rich mineral reserves, attracts investments and the experience from South Korea for the effective management and development of its natural resources. At the same time, South Korea, which needs stable supplies of raw materials, gets access to Kazakh resources, which contributes to the diversification of its sources of raw materials and strengthening economic security. The key areas of cooperation are the exploration and production of oil, natural gas, rare earth elements and other minerals. Joint projects include the creation of modern mining enterprises, the introduction of advanced technologies and the exchange of experience in the field of environmentally sound subsoil use. Both States are also working to create favorable conditions for investments and develop a regulatory-legal framework that promotes long-term and sustainable development of the subsurface use sector. Such cooperation allows Kazakhstan to improve infrastructure and attract modern technologies, which contributes to the sustainable development of the national economy. For South Korea, the partnership with Kazakhstan opens up new opportunities to expand its presence in the international resource market and strengthen economic ties with Central Asia.

The main issues of protection of the environment and people's health in the Republic of Kazakhstan

B.S. Rakhmetulina — 2024-12-30

This article discusses current problems of environmental safety in the state. The authors highlight the organizational and legal aspects of environmental protection. Practical experience is studied, whose activities are aimed at suppressing threats to environmental safety.

"Green development" is the current international standard, which makes it possible to divide the development of the world community into the ideology of "economic" in the last 60 years and "green" in the next 60 years.

Green development is based on the theory of green systems, i.e. the interdependence and mutual influence of humanity and nature. Green manufacturing theory means saving and investing in resources, increasing efficiency, cleaner production, reusing and recycling materials. Green growth means stimulating economic growth and development while ensuring that natural assets are preserved and continue to provide the resources and ecosystem services on which our well-being depends.

The purpose of the study is to identify effective measures to protect the environment. When studying this problem, data and empirical materials in the field of environmental protection were used.The only evidence of this is voluntary closure of the world's largest nuclear test site, international promotion of the Aral Sea and Caspian protection programs, as well as other experienced works of Kazakhstan to protect the environment from harmful effects occurring at the international level. The annual messages of our President, as usual, are aimed at distinguishing our achievements, orienting our future, and most importantly, jointly defining the right way to achieve the great goal common to all of us.

Investment strategies of non-state pension funds: world experience

A. Suimenbayeva — 2024-12-30

This article examines the recent experience of the country and abroad to understand whether it satisfies the need for liquidity for pension provision in mandatory and voluntary fixed income schemes and how this is done. The goal of a well-designed pension system is to reduce poverty in old age and balance a person's income throughout his life. Over the past thirty years, changing demographic trends have led to a shift from pay-as-you-go schemes, in which the obligation to pay retirement income is imposed on the State and employers, and defined contribution schemes to defined benefit occupational pension benefits. Switching to fixed income schemes can help people establish a closer link between pension contributions and benefits. However, balancing specific pre-retirement liquidity needs, access to savings, and tracking sufficient income after retirement is becoming an increasingly difficult task for individuals. The need to maintain this balance correctly is becoming increasingly acute, as the coverage of national social security systems is often expanded by increasing the number of unpaid workers with low incomes, more periods of unemployment and irregular wages. He also uses simple modeling to show the impact of providing access to retirement savings on income adequacy after retirement. Research shows that limited access to retirement savings under stress can help improve the overall well-being of these people. The purpose of this article is to determine the prospects for the development of NPFs as institutional investors in the country.

Historical and legal aspects of the implementation of citizens ' rights to land: on the example of the North Kazakhstan region

G. Teleuyev — 2024-12-30

The purpose of the presented scientific research is to conduct a study of the historical legal aspects of the realization of citizens' rights to land on the example of Northern Kazakhstan. Determination of land use characteristics depending on geographical climatic conditions. Determining the impact of the evolution of land legislation on the indigenous population of Northern Kazakhstan. The study of the issues of legal support of land relations in Northern Kazakhstan will contribute to the development of scientific answers to the questions raised so far regarding the implementation of land rights of the local population.

As a result of the research, scientific and theoretical conclusions were made regarding the historical and legal aspects of the realization of citizens' rights to land and the prospects for its development.

Understanding the historiography of the state legal regulation of land relations, historical and legal aspects of the realization of citizens' rights to land, the formation of author's views on this issue and the definition of stages of state legal regulation of land relations in the northern region of the Republic of Kazakhstan based on the analysis of historical legal documents; from a historical legal point of view, the legal assessment of the protection of the rights of the population of the northern region of the Republic of Kazakhstan to land should be unified, approaches to identifying and solving issues of the realization of citizens' rights to land in Northern Kazakhstan are proposed.

This research is funded by the Science Committee of the Ministry of Science and Higher Education of the Republic of Kazakhstan (Grant No. BR24993047)

Protecting copyright in the Internet age: The Kazakhstani perspective

A.K. Aronov — 2024-12-30

Copyright is granted to authors and right holders of literary, artistic, musical and other creative works since the creation of such works. It should be noted that some fundamental legal frameworks such as the Berne Convention, World Intellectual Property Organization (WIPO) treaties, and the Kazakhstani law on

have all been imposed to recognize and protect the rights of authors and right holders globally and internationally. The advent of digital technologies such as the internet, mobile phones, e-book, social networks and others has created an opportunity for the public to make, reproduce and distribute copyrighted works easier, cheaper and faster. However, apart from above opportunities, digitization has also brought complicated issues such as plagiarism, piracy for copyright protection where ordinary users have started to copy and distribute without the authorization of authors. Moreover, it has been noted that the existing national copyright regime appears to be ineffective to solve the challenges. The paper aims to analyze the current situation of copyright protection in Kazakhstan by addressing a question of whether national legal framework can handle digital copyright violation. The novelty of this article is to introduce some legislative and technological measures such as the liability of information intermediaries, blockchain and watermarking, Digital Rights Management (DRM) technologies to enhance copyright protection in the digital environment. To address the above issues, the author will mainly take some essential legal methods such as dialectical, system-structural, comparative-legal, and formal legal.

Theoretical and legal issues of forensic psychological examination

А. Izbassova — 2024-12-30

The article is devoted to theoretical and legal issues of forensic psychological examination and issues of legislative regulation in the Republic of Kazakhstan. Forensic psychological examination is the main form of attracting psychologists to legal practice. The appeal to them by representatives of investigative bodies has both objective and subjective reasons. Firstly, the data of the forensic psychological examination are one of the sources of evidence and serve to establish the truth. On the other hand, the availability of expert data gives the investigator confidence in solving the issue, allowing to reduce the likelihood of making a mistake.

The purpose of the article is to analyze some theoretical, legal, organizational issues of conducting forensic psychological examination in criminal proceedings and take it as a basis for developing recommendations for improving the conduct of criminal proceedings in the Republic of Kazakhstan. One of the main issues was considered the concept, essence, subject and objects of forensic psychological examination and formulated the legal basis for the appointment of forensic psychological examination in criminal proceedings.

In the criminal proceedings of the Republic of Kazakhstan, there are significant differences in the definition of methodological properties and characteristics of forensic psychological examination. The normative-technical and psychological-technical requirements developed in the theory of criminal law cannot be useful without a clear practical implementation of the requirements specified in the adopted normative legal acts.

Current aspects of the correlation and improvement of the concepts of crime, criminal misconduct and administrative offense in the legislation of the Republic of Kazakhstan

B. Amanzholova — 2024-12-30

The problem of studying criminal and administrative responsibility, distinguishing a crime from a criminal offense and an administrative offense is one of the most difficult not only for Kazakhstan, but for the vast majority of post-Soviet states.

In this article, the authors analyze the norms of the current criminal legislation of the Republic of Kazakhstan, they studied the practical and theoretical problems of distinguishing the concepts of crime, criminal misconduct and administrative offense, indicate the reasons for their separation, and provide foreign experience in improving these concepts.

The authors of this work, taking into account the scientific research of this topical issue by domestic and foreign scientists and practitioners, come to the conclusion that it is necessary to improve and develop a new concept of criminal offense, taking into account modern requirements in society.

In addition, the authors make a forecast about possible risks, substantiate the conclusion about the need for a consistent and comprehensive study of the introduced novelties in national legislation. In particular, attention is drawn to the costs of legislative technique, when such important components as doctrinal developments, theoretical validity and criminological forecasting of the introduction of novelties into national legislation are ignored during the development of draft laws.

Current problems in the study of corruption

A. Akhmetov — 2024-12-30

The presented scientific work conducts a study of current problems in the study of corruption based on various sources of domestic and foreign authors, and highlights international positive experience in the fight against corruption. The purpose of this study is to conduct a holistic analysis of the content of the phenomenon of corruption as a negative social phenomenon. This scientific work reveals the content and essential characteristics of the phenomenon of corruption, provides a rationale for the classification of corruption based on the forms of its expression, and identifies types and types of corruption. In the process of writing the article, scientific methods were used: induction, deduction, synthesis and analysis, formalization, abstraction. The article provides a number of definitions regarding the definition of corruption and provides a description of corruption by type and form. A special place is occupied by the research and analysis of foreign positive experience in the field of combating corruption. At the end of the article, practical recommendations and measures to improve anti-corruption policy are provided, which can be applied in the educational process, when creating various programs and concepts.

Criminological characterization of domestic violence: scientific article

D. Temirkanova — 2024-12-30

In order to understand and prevent domestic violence, it is necessary to analyze specific cases of domestic violence. Criminological characterization of domestic violence includes analysis of the specifics of this phenomenon, its signs, factors contributing to its commission. The development of effective measures to prevent domestic violence must take into account all the data obtained during such a criminological analysis.

The article uses a dialectical approach to cognition to study the criminological aspects of domestic violence. The study was conducted using a comprehensive methodological toolkit, including general scientific, private scientific and empirical research methods.

The author has analyzed the statistics and materials of criminal and administrative cases on offenses in the family and domestic sphere, considered by the courts of Kostanay region for the period 2019-2023. The work includes the characterization of the main criminological indicators of domestic violence, taking into account such factors as place, time and other circumstances of committing crimes and offenses. The obtained data allow to develop more effective preventive measures taking into account the presented criminological characterization of domestic violence.

As a result of the conducted research the low effectiveness in combating domestic violence of the legislatively established prohibition of cohabitation with the victim for perpetrators of domestic violence, as well as protective prescriptions due to insufficient practical measures to ensure. In this regard, possible solutions are presented, among which the most appropriate one is highlighted.

Penitentiary crime in Kazakhstan: growth factors and preventive measures

R.S. Kemeshov — 2024-12-30

The study is devoted to the analysis of factors contributing to the growth of penitentiary crime in Kazakhstan and the development of comprehensive prevention measures. It considers the social, economic, institutional and legal aspects of the problem as well as the international experience of reforming penitentiary systems. The work identifies systemic problems that hinder the effective re-socialization of convicts, such as overcrowding in prisons, unsatisfactory conditions of detention, lack of social programs, corruption and gaps in legislation. The practical significance of the study lies in offering specific recommendations for improving legislation, improving conditions of detention and developing re-socialization programs.

The research methods include comparative analysis, statistical generalization and expert assessments based on data from normative legal acts, reports of international organizations and scientific publications. The necessity of improving the legal mechanisms regulating the penitentiary system, taking into account international human rights standards, has been identified.

The study contributes to criminological science by offering a detailed analysis of penitentiary crime in Kazakhstan. Its results can be useful for government agencies in developing crime prevention strategies and improving the conditions of detention of convicts.

The collection of digital traces in the investigation of online crimes

N.M. Apsimet — 2024-12-30

The article is devoted to the study of methods of collecting digital traces in investigations of online crimes. The purpose of the study is to systematize existing approaches and evaluate their effectiveness.The scientific significance of the work lies in a comprehensive analysis of the legal, technical and ethical aspects of the use of digital traces. The article describes the stages of the data collection process, including the detection, identification, collection and preservation of information, as well as modern cyberforensis technologies. Special attention is paid to the use of artificial intelligence and machine learning methods to improve the accuracy and speed of data processing. The main results of the study demonstrate the importance of digital traces in establishing the facts of crimes. The work makes a significant contribution to the development of digital forensics, improving data analysis methods and law enforcement practice.

The article emphasizes the importance of integrating digital traces into the criminal investigation process and their role in building an evidence base. The findings obtained have practical value for professionals in the field of digital forensics and can be used to develop new approaches to the investigation of cybercrimes and improve existing techniques.

International experience in the prevention of criminal offenses in correctional institutionsInternational experience in the prevention of criminal offenses in correctional institutions

R.B. Turysbek — 2024-12-30

The urgency of preventing criminal offenses in correctional institutions against the background of the growing prison population and an increase in the number of recidivism, especially among those convicted of serious and especially serious crimes, is becoming one of the key problems of the modern penitentiary system in Kazakhstan. The need to improve the penal enforcement system requires the analysis and application of successful international practices.

The research is aimed at studying foreign methods of crime prevention in places of detention and assessing their applicability in the conditions of Kazakhstan. The work examines various approaches, including criminological, legal and socio-psychological, as well as analyzes the factors influencing the criminal situation, such as social, economic and psychological aspects.

The methodological basis of the research combines the study of literature, comparative analysis of international crime prevention models and a qualitative analysis of real cases from foreign systems. As a result, effective strategies that have been successfully implemented in the countries of the European Union, North America and Asia are identified. Among them are programs for the re-socialization and vocational training of convicts, the humanization of conditions of detention, the use of modern security technologies, as well as strict control and discipline measures. The results of the study confirm the effectiveness of an integrated approach based on rehabilitation and social adaptation of convicts, which helps to reduce the rate of recidivism and improve the criminogenic situation.

Analysis of the implementation of the recommendations of international organizations on the status of teachers in the Republic of Kazakhstan

V.M. Balmagambetova — 2024-12-30

The topic of this article is devoted to the study of specialized Kazakh and foreign legal acts, and norms related to the regulation of the status of university teachers. The legal issues of the status of teachers in the system of higher education are becoming relevant worldwide, in all states, including the Republic of Kazakhstan. In this regard, the Republic of Kazakhstan systematically raises the issue of the need to improve the status of teachers of higher education, which affects the quality of higher education. The relevance of the topic is also highlighted by the 1998 World Declaration on Higher Education for the Twenty-First Century. This article presents an analysis of the legislative acts of the Republic of Kazakhstan that regulate the status of teachers of higher education institutions. In addition, the article proposes a new draft of the Kazakh law: "On the status, powers and encouragement of the teacher of higher education institution", in order to improve the status of the country's teaching staff. Features, structure of the status of teachers in the system of higher education are studied in the context of Kazakhstan law and public international law. The recommendations of international organizations in the issue of raising the status of teaching staff have been studied. In addition, some international documents dealing with the status of teachers were analyzed.

International experience and national peculiarities of protection of the right to access to information: comparative legal analysis

D.A. Digay — 2024-12-30

The work explores the evolution of the right of access to information, analyzes international standards and national models of its implementation, and considers challenges and prospects in this area. The research contributes to the development of the theoretical foundations of the right to access to information and provides practical recommendations for its improvement. The research employs a approach to examine global and local legal statutes and court precedents alongside the practices of various nations in guarantee of information access rights. The study demonstrates that access, to information is a entitlement and a crucial component of a democratic community. The authors identify key international standards in this area, as well as analyze differences in national approaches to the implementation of this right. Special attention is paid to the challenges associated with the protection of state secrets, confidential information and personal data. The research categorizes data regarding the rights to access information and investigates procedures while acknowledging the national traits, in its implementation process. The results of this study can be used to improve legislation and regulations and develop programs to educate the public about their right to access information.

On the “Creative Interpretation” of ICL: Causes, Ways and Limiting Methods

Wang He-yong — 2024-12-30

The article examines the concept of "creative interpretation" of international criminal law (ICL), characterized as a form of "soft interpretation" driven by judicial activism. This approach aims to expand the sources of ICL in response to the international community's calls for the punishment of international crimes. The author analyzes the reasons for adopting "creative interpretation," including the lack of legal sources, the uncertainty of legal terminology, and the mixed nature of ICL. The article explores the methods used by international criminal justice institutions, such as reconstructing customary international law, resorting to natural law, and drawing analogies from national legislation. The importance of adhering to the principle of legality is emphasized, and recommendations are made to limit judicial activism: applying Article 22 of the Rome Statute to clarify the sources of ICL, affirming the priority of legal stability, developing more detailed sentencing guidelines, and introducing a "stay of proceedings" mechanism.