Annotations and key words of the articles of the Bulletin № 3 (25)/2022

Initials and surname of the autor (s) Article title Annotation Keywords

Akhmetov Erik Bulatovich

ANALYSIS OF THE APPLICATION OF THE PRINCIPLE OF THE ACTIVE ROLE OF THE COURT IN ADMINISTRATIVE PROCEDURE OF THE REPUBLIC OF KAZAKHSTAN AND IN FOREIGN COUNTRIESThe article discusses the application of the principle of the active role of the court in the administrative proceedings of the Republic of Kazakhstan and foreign countries. The main focus is due to the identification of the main function and the system of application of this principle. It was conclued concludes that the judge should apply the principle of the active role of the judge in order to have a fair trial within a reasonable time. A brief overview of the principle of the active role of the court in the administrative proceedings of the Republic of Kazakhstan, and its implementation in the countries was conducted. The author also concluded that the main feature of the principle of the active role of the court is its direct action and specific regularity. The principle is formulated not as declarations. It is built with a clear and pragmatic purpose – to act as a special means of legal regulation. The author also believes that the principles of administrative procedures are a special group of principles of managerial administrative law.administrative procedure; administrative justice; administrative court; system of principles; hierarchy; legality; officials; Supreme Court.

Baikenova Gauhar Dauletbaevna

COMPENSATION PAYMENT TO STUDENTS UNDER THE FORM OF DUAL EDUACATION: RIGHT OR DUTYThis article presents the results of a study of the organizational and legal aspects of compensation payments in a dual form of education. The author analyzes the current legislation for the presence of an imperative or dispositive nature of the compensation payment for the employer. The author revealed some inaccuracies in the legislation, in connection with which the definition of an unambiguous conceptual apparatus has theoretical and practical significance. Despite the successful experience of Kazakhstan in introducing dual training, the issue of a fair balance of the tripartite agreement remains open. According to the author, there is a violation of the rights to the remuneration of the student. In this connection, the author raises the question of the need for legal consolidation of the mandatory compensation payment to the student. Foreign experience on the system of dual education, including the legislation of the states of Germany and China, in which it is customary to consider dual education from the point of view of labor relations is studied. As a result of the analysis of the local legislation, the author concluded that it is necessary to establish a mandatory compensation payment to a student in dual training. Recommendations have been prepared for making changes and additions to the Labor Code of the Republik of Kazakhstan.dual training; personnel training; student rights; compensation payment; student; industrial training; professional practice; labor functions.

Yessenzholov Nurolla Ergalievich

SOME ISSUES OF FORMING A MODEL OF ADMINISTRATIVE JUSTICE IN KAZAKHSTANThe article is devoted to the analysis of the features of the model of administrative justice in Kazakhstan. The study examines the formation of administrative justice, the system and content of administrative courts and administrative proceedings. Administrative justice is a special institution of law and order that exercises control over the executive power and protects the rights of citizens (organizations). At the same time, it was determined that the formation and relevance of the model of administrative justice are associated with the political and cultural conditions of state building and society. The study analyzes the models of French, German, Anglo-Saxon administrative justice and the features of the application of their individual elements in the system of Kazakhstani administrative justice. The conceptual foundations for considering the rights and freedoms of citizens in the context of legality in the content of administrative law, which is the basis of administrative justice, are given. In the course of the analysis, the basics of distinguishing between public law disputes and cases of administrative offenses in administrative courts were reflected in the formation of the local foundations of administrative justice. Guided by the goal of the idea of a «rule of law» in management, administrative justice strengthens equal, legal relations between the administration and citizens. Some mechanisms were presented, procedural features of administrative and judicial proceedings, the foundations of theoretical development close to the German model.administrative justice; model; administrative proceedings; administrative law; administrative management; principle; legal dispute; human rights; control.

Zhurunova Mereke Konyshanovna

Ospanova Aidana Nurgalievna

Akhmetov Erik Bulatovich

CERTAIN ISSUES OF ADMINISTRATIVE LIABILITY FOR VIOLATION OF THE LEGISLATION ON BANKRUPTCY OF CITIZENS OF THE REPUBLIC OF KAZAKHSTANAs a result of discussions on the adoption of a law on the bankruptcy of individuals related to the regulation of the socio-economic situation of the population in the Republic of Kazakhstan, work was carried out on its development and preparation, however along with the adoption of the this law there is a need to introduce amendments and additions to the accompanying laws. In the scientific article the justification of the appointment of administrative responsibility in relation to the subject who violated the law in connection with the bankruptcy of citizens is considered. The purpose of the article is to conduct a complex analysis of some questions of the purpose of administrative liability, in connection with the restoration of solvency and bankruptcy of citizens with the submission of proposals necessary for its legislative regulation. Analytical information reflecting the level and significance of the problem of bankruptcy of citizens, law enforcement practice, judicial practice, the statistical indicators were studied.bankruptcy of citizens; insolvency; rehabilitation; insolvency; fictitious bankruptcy; debtor; financial manager; administrative responsibility.

Otcheskay Tatiana Ivanovna

Shkurova Polina Dmitrievna

CAUSES AND CONDITIONS OF CRIMES COMMITTED BY MINORS AND THE INFLUENCE OF THE PRODECUTORS OFFICE ON THE LEVEL OF JUVENILE DELINQUENCYThis article highlights issues related to crimes committed by minors in the Russian Federation. The authors emphasize that various events at all stages of the country's development influenced the criminality of representatives of different ages. However, the influence of the family, the educational process and the environment cannot but affect the deviant behavior of minors. The article provides statistics of the Prosecutor General's Office, judicial practice of the Highest judicial instance of the country, showing the importance of further interaction between the legislator and law enforcement agencies in crimes committed by minors. The results of statistics indicate the negative impact of information openness on the immature psyche of a minor, encouraging him to commit illegal acts. Author studied the prospects for reducing crime in this direction and the impact of prosecutorial supervision over the implementation of laws on the observance of the rights of minors.Prosecutor General's Office; informal associations of minors; juvenile delinquency; re-commission of crimes; legal awareness; prevention of child crime; crime reduction; social networks.

Rufanova Victoria Nikolaevna

CRIMINAL LAW MODEL OF RESPONSE TO DOMESTIC VIOLENCE IN UKRAINEIn the article author examines the problem of domestic violence as one of the most common forms of human rights violations, which affects the most vulnerable groups of the population: children, the elderly, people with disabilities, women who are financially, psychologically or otherwise dependent. Both in the scientific world and in law enforcement practice, various discussions are held, tools for countering the phenomenon under consideration are discussed, the article presents some views of scientists on this issue. The insufficient effectiveness of the existing norms of the criminal law of Ukraine led to the adoption of a special norm providing for criminal liability for domestic violence as such. The publication provides an analysis of the criminal legislation of Ukraine on discussea question, describes positive experience in improving the effectiveness of criminal law measures to counter domestic violence, and identifies the most effective forms of them.domestic violence; corpus delicti; law; criminalization; victim; qualifying attribute; court; act.

Tapakova Vilor Bashkirovna

HUMAN RIGHTS OR SECURITY: PARADOXICAL CONTRADICTIONS IN THE PERIOD OF COVID-19 (FOREIGN EXPERIENCE)In the article author examines the qwestion of realization of human rights and freedoms, including in the context of their restriction, as one of the aspects of the COVID-19 pandemic. Based on the analysis of international law, judicial practice and the media, it is concluded that the created legal and organizational framework for regulating the current situation is characterized by inconsistency, lack of «transparency» and radicality. The author that in a number of countries the authorities have not ensured the observance of the right to freedom of expression, applying sanctions against journalists and health workers. As a result, this led to the restriction of effective public awareness of the spread of infection and to the undermining of confidence in the actions of the state. The author believes that it is necessary to refrain from total and excessively broad restrictions on freedom of movement and personal freedom and resort to mandatory restrictions only in cases where it is justified and necessary from a scientific point of view and when it is possible to ensure the availability of support mechanisms for the affected population. Conclusions were drawn on the direction of improving the organizational and legal framework and recommendations were made to the authorized; medical care; UN; pandemic; human rights; law; court; COVID-19.