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

Legal mentality and rulemaking

D. Bakirov, A. Zhusipov — Tue, 30 Dec 2025 00:00:00 +0000

Effective functioning of all elements is essential for the legal system. The legal system is the most complex form of a system aimed at achieving a certain goal and is a system capable of changing its own structure in the process of working. Studying the peculiarities of the legal mentality of society and individuals, the need to study norm-making contributes to raising the level of legal consciousness and legal culture in Kazakhstan society to a new level. This is one of the important areas of national legal science. Access to public information and participation in the development of drafts of normative legal acts affecting the interests of citizens is an important means of improving the legal system of the "information society". Access to information allows citizens to control the activities of authorities, thereby preventing legal arbitrariness. In this context, it is important to form a position of active participation of citizens in electronic norm-making activity. The article deals with the issues of participation of citizens in rule-making activities and formation of legal mentality in Kazakhstani society. The result of the study is the analysis of the current state of the national legal system, the development of legal culture, legal consciousness and legal mentality from today's point of view, the development of directions and measures for deep understanding.

Multilingual Legal Text Authentication and Harmonization of Legal Terminology: Foreign Models and Prospects for Kazakhstan

A. Kussainova, A. Omarova — Tue, 30 Dec 2025 00:00:00 +0000

In the context of Kazakhstan’s integration into the international legal framework, the issue of ensuring linguistic authenticity of bilingual legal texts—officially published in Kazakh and Russian—gains particular importance. Discrepancies in meaning between the two language versions can negatively impact legal certainty, judicial consistency, and public trust in law.

This study aims to comprehensively examine foreign models of legal text authentication and terminology harmonization and assess their applicability to Kazakhstan’s legislative process. Special focus is given to systems in Canada, Switzerland, Belgium, the EU and CIS countries.

The relevance of this topic lies in addressing the institutional and linguistic barriers that hinder full equality between Kazakh and Russian in criminal law. The practical significance of the work is reflected in its development of specific proposals to improve Kazakhstan’s bilingual lawmaking, based on international standards.

The research methodology is grounded in comparative legal analysis, examination of constitutional and sectoral acts, judicial practice, and academic literature.

The study identifies effective institutional mechanisms and terminological strategies that support authenticity. It highlights the need for simultaneous bilingual drafting and enhanced linguistic review of legislative texts. A set of best practices and adaptation mechanisms for Kazakhstan is proposed.

This research contributes to improving legal language quality and advancing the field of legal linguistics in Kazakhstan. The outcomes can be applied to prevent legal uncertainty arising from linguistic mismatches in legislation and to ensure equal interpretability of laws in both state languages.

Constitutional modernization and effectiveness of constitutional justice in Uzbekistan: institutional and procedural decisions

Ye. Adam, M.S. Beibitov, O.Z. Mukhamedzhanov — Tue, 30 Dec 2025 00:00:00 +0000

The article is devoted to the study of modern areas of increasing the efficiency of the Constitutional Court of the Republic of Uzbekistan in the context of the constitutional modernization of 2023. Based on the analysis of regulatory sources, judicial practice and comparative legal material, new proposals have been formulated to improve the status and procedural instruments of the Constitutional Court, which go beyond the previously proposed measures. The research revealed such problems of the functioning of the court as limited procedural access of citizens and courts of lower level, the lack of temporary interim measures and an effective mechanism for the execution of decisions, insufficient involvement of external expertise, as well as a shortage of personnel and analytical resources. This study justifies the need for legislative consolidation of the right of the Constitutional Court to temporarily suspend the contested norms pending a decision on the merits, the introduction of a package of measures related to the deferred loss of force of acts recognized as unconstitutional and mandatory execution procedures. It is proposed to institutionalize the participation of external experts (amicus curiae), introduce a pilot constitutional resolution procedure to eliminate repeated structural violations, and create a digital platform for an open register of decisions with neutral quotes and execution statistics. Additionally, the expediency of publishing a dissenting opinion of judges, the formation of a stable budget and personnel base for the independence of the court, as well as the introduction of a mandatory constitutional certificate for each bill and algorithmic monitoring of regulations for compliance with the Constitution. The implementation of the proposed measures will make it possible to transfer the Constitutional Court of Uzbekistan to a proactive model that ensures preliminary constitutional control, strengthens institutional independence, and increases public confidence in constitutional justice.

Legal Problems of Protecting Personal Data of Citizens in the Republic of Kazakhstan

T.S. Tilep, E. Juchnevicius — Tue, 30 Dec 2025 00:00:00 +0000

The article examines the current state of legislation governing the protection of
personal data, the challenges arising in its implementation, and the prospects for improving the protection mechanism through the use of blockchain technology. Frequent cases of unlawful dissemination of personal data in Kazakhstan are directly linked to unresolved issue of cybersecurity and the need to address vulnerabilities in the existing legislation, which underscores the relevance of the chosen research topic. The purpose of this study is to establish a legal framework for the protection and security of personal data through the use of digital technologies. The scientific novelty of this work lies in the fact that, for the first time since the formation of the legislative framework governing personal data in the Republic of Kazakhstan, legal norms regarding personal data have been defined, as well as areas of legal regulation for the circulation of certain types of personal data. Measures to improve existing legislation governing the circulation of personal data have been proposed.
The above constitutes a national scientific doctrine in the field of personal data protection. New practical conclusions have been summarized, allowing for the improvement of existing
national legislation and, consequently, their application in legislative activity. The research methods used include a general logical approach (induction, deduction), systematization, analysis, formulation, scientific methods, and empirical methods.

Ensuring the security of personal data is a state obligation arising from the duty to protect individual human rights; therefore, the authors emphasize the particular importance of strengthening control over digital threats and introducing a procedure for assessing their impact on human rights in accordance with international standards. The study concludes that the Republic of Kazakhstan should accede to international instruments establishing
standards for the protection of personal data. A potential pathway for strengthening the legal framework on personal data protection lies in establishing systemic safeguards that
restrict unauthorized access to information. Such mechanisms should operate across all levels of data governance, ensuring consistent compliance among data holders, processors and supervisory entities. Based on the results of the research, it is proposed to adopt a legal norm regulating continuous control and monitoring by data owners, operators, and persons responsible for organizing the processing and storage of personal data.

Legal Regulation of the Operation and Safety Assurance of Hydraulic Structures under Conditions of Sustainable Development

G. Teleuyev, A. Bekturganov, A. Yessentemirova — Tue, 30 Dec 2025 00:00:00 +0000

The article examines issues of legal regulation regarding the operation of hydraulic structures and ensuring their safety within the context of sustainable development in the Republic of Kazakhstan. The authors conduct a comprehensive legal analysis of the current state of hydraulic structures in the country, identifying significant shortcomings in the regulatory framework governing this field. The lack of a clearly defined legal status for hydraulic structures, as well as insufficient development of mechanisms for their management and oversight, contributes to increasing ecological and technological risks. In this regard, the article proposes specific ways to improve regulatory legal acts and enhance their effectiveness based on international experience. Furthermore, particular emphasis is placed on the necessity of adopting specialized legislation aimed at ensuring the safety of hydraulic structures. The research employs methods of normative analysis, comparative legal analysis, and systemic-structural approaches. The results are intended to contribute to the advancement of scientific research in the field of legal regulation of hydraulic structures. The article is aimed at lawyers, environmental specialists, and professionals involved in water resources management.

This scientific article was prepared within the framework of implementing Project AP26193915 «Legal Regulation of the Operation and Safety Assurance of Hydraulic Structures under Conditions of Sustainable Development», funded by the Science Committee of the Ministry of Science and Higher Education of the Republic of Kazakhstan.

Surrogacy agreement: problems of legal regulation

E.O. Toilybekova , M.V. Voronin , E.B. Ablaeva — Tue, 30 Dec 2025 00:00:00 +0000

The purpose of the study is to examine issues arising in the legislation of Kazakhstan and law enforcement practice governing legal relations between the parties to the surrogacy agreement. The theoretical and practical significance of the study lies in the fact that its results can be taken into account by legislators when amending and supplementing legislative acts on healthcare issues, by practitioners when drafting surrogacy agreements, theorists when preparing teaching materials on medical and reproductive law, and citizens when exercising their constitutional right to health protection through the use of surrogacy. The study concludes that the existing difficulties in the application of surrogacy arise, first, from the fact that surrogacy remains outside the scope of comprehensive state legal regulation. Second, to the legal conflicts, gaps, and other defects in the legislation of Kazakhstan regulating the application of assisted reproductive methods and technologies legal conflicts, gaps, and other defects that prevent citizens from exercising their constitutional right to reproductive health, motherhood, and fatherhood, as well as the regulation of legal relations between persons involved in the use of surrogacy. Third, uncertainty or misunderstanding of the procedure itself for fertilizing male and female sex cells outside the human body, the procedure for transferring and implanting a human embryo into a gestational carrier – a third party providing services for carrying a pregnancy and giving birth to children who are genetically unrelated to them – as well as the legal nature and all essential terms of a surrogacy agreement, such as: the main subject and object, the scope of rights and obligations of the parties, and the limits and measures of responsibility of the participants in the process. The reliability of the obtained results is ensured by the chosen methodological basis of the research, which includes a set of general scientific theoretical and special private practical methods of cognition.

Legal Policy in the field of social protection of children in the Republic of Kazakhstan

A. Yessekeyeva , А. Оteuova , G. Kuanaliyeva — Tue, 30 Dec 2025 00:00:00 +0000

The article is devoted to the problem of legal policy in the field of social protection of children in the Republic of Kazakhstan. The purpose of the article is a theoretical justification of the right to social protection of children, as well as a comprehensive analysis of legal policy in the field of social protection of children.

This scientific article examines the issues of the state's legal policy in the field of protection of children's rights in the Republic of Kazakhstan. The study analyzes the essence and content of the concept of «social protection».

Concrete steps are being taken in the Russian and Turkish states to implement State policies in the field of protecting children's rights and ensuring their safety. With the implementation of the adopted strategic documents, it also becomes clear what positive factors the States are seeking.

The authors adhere to the principle of the transition of research work from the general to the particular. The authors, conducting a comparative analysis of the state policy of the Russian and Turkish states regarding the rights of the child, prove the need to develop a strategic document and an action plan on the rights of the child for the long term in the country, and also reveal the principles on which the plan will be based.

Legal foundations of social insurance in reducing occupational accident risks in the Republic of Kazakhstan

K. Baiterekova, B. Smatlayev, Yucel Ogurlu — Tue, 30 Dec 2025 00:00:00 +0000

This article examines the processes of updating and adapting the legislation of the Republic of Kazakhstan in the field of mandatory social insurance against occupational accidents. The study focuses on two key aspects: the need to harmonize insurance regulations within the framework of the Eurasian Economic Union (EAEU) and the implementation of the standards of the International Labour Organization (ILO).

The authors analyzed the main directions of modernization of the national social insurance system, which are linked to the development of the EAEU’s unified financial market and the necessity of introducing a proactive approach to managing occupational risks. It was found that the current insurance model has several limitations, including the absence of a preventive function and low efficiency of institutional structures, which operate primarily for commercial purposes rather than achieving socially significant outcomes.

During the study, legal contradictions and terminological inconsistencies in the regulatory acts of the Republic of Kazakhstan governing occupational accident insurance were identified. Special attention was paid to comparing national legislation with ILO standards and examining the legal foundations for creating a unified insurance space within the EAEU.

The scientific novelty and practical significance of the article lie in proposing a comprehensive approach to improving insurance legislation, which takes into account the balance of interests of the participants in insurance relations under conditions of Eurasian integration and the necessity of implementing the three key functions of insurance programs - compensatory, rehabilitative, and preventive. The study presents specific legal and organizational measures for harmonizing the regulatory framework, aimed at aligning Kazakhstan’s international obligations with its national priorities in social protection.

Digital nomads: problems and prospects of development in Kazakhstan

Y.N. Nurgaliyeva, A.S. Baimakhanova, A.O. Makrushin — Tue, 30 Dec 2025 00:00:00 +0000

The article explores a topic understudied in legal literature-the problem of digital nomads. Based on the study of foreign literature, the article concludes that the concept of "digital nomads" should be considered in a broad and narrow sense, since understanding only in a narrow sense (only as people moving from one state to another) does not reveal the essence of the content of the latest form of labor in the context of digitalization, which is increasingly becoming unconventional. Based on a broad understanding, all types of non-traditional forms of employment legally regulated in the Kazakh legislation are considered, and the fact is stated that the latest types of employment, such as outsourcing, outstaffing, self-employment, etc., widely used in the country in recent years, are in a "legal vacuum". The advantages and disadvantages of the latest forms of employment using digital technologies are also considered. At the same time, special attention is paid to digital nomads, their differences from digital migrants. Digital nomadism, depending on its mobility, is represented in three levels: limited in movement, moving from time to time, and constantly traveling professionals. It is concluded that in Kazakhstan, the focus is mainly on third-level digital nomads, since it is assumed that professionals will make a worthy contribution to the development of the country's economy, the introduction of new technologies into production, and all the advantages of digitalization.

The legal basis of the technology of using the Face ID system in personal identification

A. Doszhanova, Ye. Begaliyev — Tue, 30 Dec 2025 00:00:00 +0000

In the current era of globalization and digital transformation, the issue of accurate and reliable personal identification has become a key factor in enhancing public safety and improving the efficiency of law enforcement systems. In this context, biometric technologies - particularly Face ID systems - are widely recognized as innovative tools that enable automated recognition of individuals based on facial features with high speed, accuracy, and reliability.

This article provides a comprehensive examination of the technological foundations of Face ID, the use of artificial intelligence and machine learning algorithms, and the practical implementation of this technology in the activities of law enforcement agencies of the Republic of Kazakhstan. Special attention is given to the legal framework, its compliance with international standards for the protection of personal data, and the safeguarding of fundamental human rights and freedoms during the application of biometric systems.

The study analyzes the testing and operational use of Face ID technologies within the Ministry of Internal Affairs, the Prosecutor General’s Office, and national security bodies of Kazakhstan. Additionally, a comparative analysis of international experience is conducted, focusing on the practices of the United States, the European Union, China, and Japan in employing facial recognition systems in law enforcement. The article explores legal and technical aspects of international cooperation, including the importance of creating integrated biometric databases and harmonizing technological standards.

The research findings substantiate the effectiveness and prospects of using Face ID in the law enforcement sphere. It highlights key ethical and legal challenges, offers specific recommendations for improving national legislation and technical infrastructure, and frames the technology as a crucial component of Kazakhstan’s digital transformation strategy and its efforts to strengthen public security.

Procedural features of the consideration of cases related to the deprivation of parental rights for the cruel treatment of a child

Sh. Malikova, U. Akhatov, A. Izbassova — Tue, 30 Dec 2025 00:00:00 +0000

The topic of domestic violence in the family is one of the most important and complex problems of our time. In our country, the number of children in families in difficult life situations has recently increased. The worst thing is that violence and cruelty of parents towards their own children, provoking aggression, sexual, emotional and physiological violence, are becoming a serious problem.

Any form of violence against a child by a parent directly affects their moral, physical and emotional state. The law provides for a number of measures of responsibility for violence against a child in the family.

Deprivation of parental rights is an extreme measure of family and legal responsibility, applied in cases where it is impossible to protect the rights of the child by other means.

The article analyzes the procedural features of the consideration of cases on deprivation of parental rights for the cruel treatment of children. In accordance with civil procedural legislation, the prerequisites for the emergence of the right to file a claim are considered, in particular, the civil procedural capacity of individuals and legal entities filing a claim, and the jurisdiction of civil cases by the courts.

The procedure for filing a statement of claim and the documents attached to it when applying to the court in cases of deprivation of parental rights, the importance of providing evidence that serves as the basis for deprivation of parental rights (confirming the presence of chronic alcoholism (drug addiction) in a person), are also analyzed. When assessing the materials and evidence presented, the courts must proceed from the interests of the child, take into account the child's opinion and observance of the rights of the parents.

The scientific article was prepared within the framework of program-targeted funding for scientific and (or) scientific and technical programs for 2023-2025, aimed at implementing the project IRN BR 21882414 «Program for the support and rehabilitation of child victims of violence: practical implementation of a network of modular resource centers», financed by the Science Committee of the Ministry of Science and Higher Education of the Republic of Kazakhstan.

On the «Governmentality» Logic of International Criminal Rule of Law

He-yong Wang, Qi-fei Wang , Sheng-le Xiao — Tue, 30 Dec 2025 00:00:00 +0000

As the liberal movement led by the United States and the West deepens, the rule of law is gradually spilling over from domestic to international domains. International criminal law, led by the International Criminal Court and based on judicial centrism, has become a recognized and necessary governance approach in the field of international criminal law. However, the selective justice and “appearance justice” that ignores and legitimizes the systemic forces behind violent crimes has sparked political discussions in the international community about the practical significance of international criminal law. This article focuses on liberal research advocating “international criminal rule of law” and its view of marginalizing state power through judicial governance and examines the governance logic of international criminal rule of law based on Michel Foucault’s governance theory. This article argues that international criminal law is a means for vested interests to dominate the global criminal field through international criminal law, rather than a means to constrain state power.

Impact of international nuclear safety conventions on the evolution of Kazakhstan’s legislative framework in the nuclear energy sector

D.R. Saipinov — Tue, 30 Dec 2025 00:00:00 +0000

The article examines the influence of international conventions and nuclear safety standards on the legislative policy of the Republic of Kazakhstan in the field of atomic energy. The relevance of the research is driven by Kazakhstan’s plans to construct a nuclear power plant and the growing need to strengthen national regulatory frameworks in line with global safety requirements. The purpose of the study is to identify the mechanisms through which Kazakhstan’s international obligations under the NPT, the Convention on Nuclear Safety, the Joint Convention and IAEA documents are incorporated into national legislation and shape its development. The scientific and practical significance lies in providing a comprehensive analysis of how international norms affect current legal reforms. The methodology is based on comparative legal analysis of international treaties, the 2021 Environmental Code and the Law “On the Use of Atomic Energy”. The findings demonstrate Kazakhstan’s high level of alignment with international standards, including the improvement of radioactive waste management procedures and the advancement of transboundary environmental assessment. The study contributes to understanding the foundational role of international regimes in national policymaking. Its practical value consists of supporting further enhancement of the legal framework necessary for the implementation of nuclear energy projects.

The role of International Tribunals in the second half of the 20th century in shaping the modern system of international justice

K. Bishmanov, N. Amirov, A. Aralbayeva — Tue, 30 Dec 2025 00:00:00 +0000

The article examines the activities and experience of the International Criminal Tribunals for the former Yugoslavia and Rwanda. In 1991, a civil war broke out in the territory of the former Yugoslavia, and since 1994, a large-scale genocide in Rwanda began. These two events became the basis for the UN Security Council's decision to establish the tribunals "International Tribunal for the Former Yugoslavia" and "International Tribunal for Rwanda" to prosecute war criminals. The purpose of the establishment of the two Tribunals was to bring justice by restoring justice to victims of crimes against humanity and genocide during military conflicts. However, the Tribunals were limited in their activities by time and territorial limits, which did not allow them to cover the periods of planning and preparation of war crimes. The article examines a crime of rape. The International Tribunal for Rwanda was the first court to classify forced sexual intercourse in the context of military conflicts as genocide. The article also analyzes and compares the charters of the two international tribunals and their similarities in some provisions. In addition, attention is paid to the criticism of the activities of the two International Tribunals that arose during their activities and after their completion.

The Juridification of Outer Space Environmental Governance under the Concept of a Community of Shared Future for Humankind

Jia-xin Wu, D. Baitukayeva — Tue, 30 Dec 2025 00:00:00 +0000

The systemic dilemma in outer space environmental governance stems from the intrinsic transboundary nature of space activities, the rapid iteration of space technologies, and the global commons character of outer space. These factors have produced structural deficiencies within the existing state-centric international space law regime, manifested in regulatory lag and weak enforceability when confronting compound threats such as orbital debris proliferation, the militarization of outer space, and inequitable allocation of extraterrestrial resources. In response, the concept of a ↳community of shared future for humankind should serve as the normative foundation for both rule reconstruction and institutional innovation. Substantively, a shift toward a responsibility-based model of debris governance and a fair benefit-sharing mechanism for space resources is required to fill gaps in material norms. Procedurally, the establishment of mandatory dispute settlement and independent compliance oversight mechanisms is necessary to strengthen institutional guarantees. This approach helps reconcile national interests with the common interests of humanity, promoting a transition in outer space environmental governance from political commitment to a binding, juridified order. Ultimately, it contributes to the development of a more inclusive, effective, and intergenerationally equitable governance paradigm for outer space.

Study on the Issues of Foreign-related Legal Professionals' Participation in Ecological and Environmental Legislation

Zhen Jing , Gan Jia — Tue, 30 Dec 2025 00:00:00 +0000

In the context of deepening globalization and the internationalization of environmental governance, ecological and environmental legislation has evolved into a complex transnational and interdisciplinary system. This article examines the necessity of involving foreign-related legal professionals in the process of ecological and environmental lawmaking. It analyzes the key practical challenges associated with their participation in domestic legislative activities. The purpose of the study is to identify the role and potential of such professionals in adapting international environmental legal norms to national legal systems and ensuring coherence between domestic legislation and international obligations. The research employs methods of systematic analysis, comparative legal analysis, and formal legal interpretation. The findings demonstrate that the active participation of foreign-related legal professionals contributes to improving the quality of environmental legislation, enhancing international legal compatibility, and strengthening mechanisms for transboundary environmental regulation. The article concludes that it is essential to improve talent cultivation systems, expand institutionalized channels for participation in legislative processes, and establish sustainable mechanisms for integrating international environmental standards into national legal frameworks to promote the internationalization of the rule of law in environmental governance.