Annotations and key words of the articles of the Bulletin № 4 (26)/2022


Initials and surname of the autor (s) Article title Annotation Keywords
1

Aytkazin Yerlan Maydanuly

Ibragimova Flura Galimovna

Kaliyauov Zhenis Tleugazyevich

SOME ASPECTS OF LEGAL REGULATION OF THE QUALITY OF MEDICAL CARE IN THE REPUBLIC OF KAZAKHSTAN: PROBLEMS AND SOLUTIONSThe article examines the activity and efficiency of the health care system in the field of improving the quality of medical care in the Republic of Kazakhstan.
The regulatory legal framework has been studied, foreign experience has been reviewed, and relevant proposals have been given.
The study identified the reasons affecting the provision of high-quality medical care, the main of which are the shortage of medical workers, the payment of medical services, weak public control over the quality of services provided by medical organizations, as well as the slow process of introducing a system of compulsory insurance of professional liability of medical workers in the country.
The authors proposed solutions to these problems and considered the positive prospect of improving the quality of this type of services, provided the introduction of a system of compulsory insurance of professional liability of medical workers.
medicine; patient; healthcare; medical services; quality of medical care; medical insurance; doctor; medical organization; professional responsibility of medical workers.
2

Aminev Farit Gizarovich

ON THE NEED FOR CONTINUOUS IMPROVEMENT OF ORGANIZATIONAL, LEGAL AND METHODOLOGICAL SUPPORT OF FORENSIC EXPERT ACTIVITYAn urgent task in improving the quality of legal proceedings at the present stage is to increase the efficiency of forensic expert activity. The article shows that this task in the context of the ongoing reform of judicial proceedings in the Russian Federation can be solved only through continuous improvement of organizational, legal and methodological support of forensic expert activities. In the absence of a new federal law on forensic expertise, possible variants of some provisions of this law that can improve the quality of professional training of forensic experts are indicated. The most acute problems of forensic expert activity outside the state forensic expert institutions (organizations) are considered and optimal ways of their solution are developed. Recommendations have been developed and proposed for the training of forensic experts, the admission of qualification exams from them, and the interaction of state and non-state forensic expert organizations.forensic expert activity; improvement; expert; forensic expert organization; standardization; expert methodology; Chamber; expertise.
3

Amirova Meruert Askarovna

Ibragimova Flura Galimovna

LEGAL REGULATION OF PUBLIC PROCUREMENTS IN THE SPHERE OF HEALTH CARE IN THE RKThe article examines the current state of the legal regulation of public procurement in the healthcare sector in the Republic of Kazakhstan. Nowadays, public procurement in the Republic of Kazakhstan is carried out in accordance with the Law of the Republic of Kazakhstan «On Public Procurement», the norms of the Civil Code, resolutions of the Government of the Republic of Kazakhstan and other regulatory legal acts.
The article substantiates the relevance of using the public procurement mechanism in the healthcare sector to save budget funds. The author considers the positive aspects and shortcomings of legal regulation in this area. The foreign experience of public procurement in the healthcare sector has been analyzed and studied. The author formulated proposals for improving the legal regulation of public procurement in the healthcare sector of the Republic of Kazakhstan. The article deals with the problems of legal regulation of public procurement in the Republic of Kazakhstan, as well as the practice of applying procurement procedures in the healthcare sector.
healthcare; public procurement; law; international experience; health protection; procurement procedure; contract; legislation.
4

Belyaeva Larisa Ivanovna

CRIMINAL POLICY IN THE SYSTEM OF STATE POLICY OF COMBATING CRIME IN THE RUSSIAN FEDERATIONThe article is devoted to the theory and practice of criminal policy formation, its characteristic as an integral part of state policy is given. Attention is paid to the general characteristics of the state policy of combating crime, the place in it and the relationship with it of criminal policy. Its connection with the social and legal policy of the state, their mutual influence is noted. The scope of criminal policy is characterized: international, interstate, federal, regional and local.
It is shown that there is a general strategic goal of criminal policy and the specifics of its strategic goals of certain stages of the development of the state, conditioned by specific socio-economic and socio-political conditions. The characteristic of these goals is given. The features, characteristic features and content of criminal policy are considered. Attention is focused on the role of the public in criminal policy, the importance of legal culture and legal consciousness for the development of criminal policy. It is proved that criminal policy as a state-legal phenomenon is characterized by such qualities as static and dynamic at the same time. The general characteristics of the directions of criminal policy are presented depending on its structural element, object, nature of the encroachment, the persons who carry it out, the functions of the subject of criminal policy and other grounds. Topical issues that deserve scientific attention and research are noted.
state activity; personality; society; strategic goals; criminal policy; criminal encroachments; law enforcement; security; crime; countering crimes.
5

Kulmukhanbetova Bibigul Amanzholovna

PREVENTION OF SEXUAL VIOLENCE AGAINST CHILDREN IN FOREIGN COUNTRIES (USING THE EXAMPLE OF CANADA, USA)Countering sexual violence, especially against minors, is relevant. The article provides an overview of the experience of Canada and the United States in countering sexual violence in general and against minors in particular. This review is based on an analysis of Canada's national strategies to combat sexual violence against children, such as the National Strategy for the Protection of Children from Sexual Exploitation on the Internet; the Strategy to Prevent and Address Gender-Based Violence; the Strategy to Combat Human Trafficking 2019-2024; The Canada’s Roadmap to End Violence Against Children. On the basis of the US Federal Law «On the Protection and Safety of Children», the system of registration of sex offenders and DNA databases, child protection grant programs and other initiatives aimed at preventing the actions of sex offenders and those who persecute children and their punishment are considered. Taking into account the existing measures in Kazakhstan, the author suggests measures to implement the experience of Canada and the USA.DNA database; criminal database; victimization; security measures; sex offenders tracking; sex offenders registration; sexual exploitation; sexual violence against children.
6

Mukhambetova Indira Saldosovna

FORMATION AND CURRENT STATUS OF THE INTERNATIONAL INSTITUTIONAL AND LEGAL SYSTEM OF REFUGEE PROTECTIONThe relevance of the problem presented in the title of the article is due to the increase in refugee flows in recent decades. The main causes of displacement are war, armed conflict, and outbreaks of violence, exacerbated by pandemic and climatic disasters. At the beginning of 2022, the number of displaced people worldwide exceeded 84 million. The number of refugees during this period reached the figure of 21 million people.
The 1951 Convention relating to the Status of Refugees (Geneva Convention) and its 1967 Protocol are the only universal treaties that establish a specific legal regime for refugees. The main actor guaranteeing the implementation of the refugee regime at the international level is the UNHCR. Currently, work on improving institutional instruments to support the international refugee regime continues.
refugee; migration crises; refugee rights; refugee regime; refugee protection; asylum system; global compact; New York declaration.
7

Pavlichenko Nikolay Vladimirovich

Tambovtsev Andrey Ivanovich

FUNCTIONAL FORMATION AND LEGAL CONSOLIDATION OF OPERATIONAL-INVESTIGATIVE TOOLS IN RUSSIAThe reason for the preparation of this article was the anniversary date – the 100th anniversary of the formation of the prosecutor's office.
The author's gaze was directed to the stages of development of the prosecutor’s office during the years of independence of Kazakhstan. First of all, our attention is drawn to the constitutional changes in the appointment of the prosecutor's office in 2017, one of which is the implementation of criminal prosecution on behalf of the state, since it caused a different interpretation among scientists and practitioners.
It is worth noting that the problem of defining the concept of «criminal prosecution» has been dealt with and is being dealt with by both legal scholars of Kazakhstan and foreign ones. From the latter, it is more expedient to conduct a comparative analysis with scientific conclusions, recommendations and approaches of Russian and Soviet scientists. The issue under consideration also has historical roots.
Article 7 of the CPC of the Republic of Kazakhstan clarifies the concept of «criminal prosecution», which the legislator designated as the procedural activity of the prosecution.This is required for a clearer definition of the competence of the prosecutor's office in the new conditions of the three-tier model of the criminal process.
The presented publication raises questions about the development of a unified, not only scientific, but also practical approach to explaining the concept of «criminal prosecution» carried out by the prosecutor.It is aimed at showing the powers of the prosecutor on behalf of the State to carry out criminal prosecution, establishing its specific framework.
criminal procedure; constitutional appointment of the prosecutor's office; criminal prosecution; pre-trial investigation; pre-trial proceedings; judicial investigation; accusatory speech.
8

Sekishev Askar Asankhanovich

THE SCOPE OF THE PROSECUTOR'S CRIMINAL PROSECUTION IN CRIMINAL PROCEEDINGSThe reason for the preparation of this article was the anniversary date – the 100th anniversary of the formation of the prosecutor's office.
The author's gaze was directed to the stages of development of the prosecutor’s office during the years of independence of Kazakhstan. First of all, our attention is drawn to the constitutional changes in the appointment of the prosecutor's office in 2017, one of which is the implementation of criminal prosecution on behalf of the state, since it caused a different interpretation among scientists and practitioners.
It is worth noting that the problem of defining the concept of «criminal prosecution» has been dealt with and is being dealt with by both legal scholars of Kazakhstan and foreign ones. From the latter, it is more expedient to conduct a comparative analysis with scientific conclusions, recommendations and approaches of Russian and Soviet scientists. The issue under consideration also has historical roots.
Article 7 of the CPC of the Republic of Kazakhstan clarifies the concept of «criminal prosecution», which the legislator designated as the procedural activity of the prosecution.This is required for a clearer definition of the competence of the prosecutor's office in the new conditions of the three-tier model of the criminal process.
The presented publication raises questions about the development of a unified, not only scientific, but also practical approach to explaining the concept of «criminal prosecution» carried out by the prosecutor.It is aimed at showing the powers of the prosecutor on behalf of the State to carry out criminal prosecution, establishing its specific framework.
criminal procedure; constitutional appointment of the prosecutor's office; criminal prosecution; pre-trial investigation; pre-trial proceedings; judicial investigation; accusatory speech.
9

Temirgazin Roman Нurmatullayevich

Utebaev Yerzhan Kenesovich

Seidanov Aibek Bagdadovich

THE MINDMAP METHOD IN THE ORGANIZATION OF THE INVESTIGATION OF TECHNOGENIC CRIMESThe article describes the use of forensic tactical operations during the pre-trial investigation of accidents and man-made disasters. Taking into account the ever-increasing detrimental impact of man-made accidents and the aggravation of the consequences of their impact on national security in the Republic of Kazakhstan, the relevance of effective methods for improving tactical operations to investigate man-made accidents is substantiated.
The aim of the study was to develop a set of practical measures to improve the efficiency of forensic pre-trial investigation of man-made accidents. An algorithm for modifying the Mindmap method into the practice of implementing forensic tactical operations during the pre-trial investigation of man-made accidents is argued and presented. A structural and logical model has been developed to improve the criminal pre-trial investigation of man-made criminal incidents in Kazakhstan.
technogenic criminal incidents; Mindmap; technogenic safety; investigator; pre-trial investigation; logical model; forensic version.
10

Ualiyeva Assel Mukhametbekovna

ON THE QUESTION OF THE CORRELATION OF THE DEFINITIONS OF «VOLUNTEERING», «CHARITY» AND «SOCIAL ENTREPRENEURSHIP» AND THEIR PLACE IN THE STRUCTURE OF SOCIAL RESPONSIBILITY OF BUSINESSThe article discusses the definitions of «volunteer activity» (volunteering), «charity» (volunteerism) and «social entrepreneurship», «social responsibility of entrepreneurship» reflected in the legislation of Kazakhstan, and also reveals the essence and understanding of the concepts. The results of the theoretical analysis allow us to speak about a certain ratio of the contents of the described concepts, since all three institutions solve problems of society.
In addition, these concepts are reflected in the structure of social responsibility of entrepreneurship. The concept of «social entrepreneurship» is proposed for use in theory, which reflects the need to use the tools of volunteering and charity in order to carry out social and entrepreneurial activities. It was also initiated to consider charity as not just assistance that generates dependent moods among socially vulnerable categories of citizens, but to use it more rationally in cooperation with social entrepreneurship, through the mechanism of SMS donations. To implement this task, it is proposed to introduce an SMS donation tool in the field of social entrepreneurship, which will allow citizens, through a payment terminal, a bank mobile application, a bank card or a web wallet, as well as SMS messages from a mobile phone, to provide material support to social entrepreneurs, children suffering from serious illnesses, etc. The legal introduction of the institute of SMS donations for social entrepreneurs is proposed to be carried out with the reservation «only for social entrepreneurs who are in the register of social entrepreneurs», which will activate businessmen to engage in such activities and the desire to be registered in the register.
social entrepreneurship; volunteering; charity; volunteerism; entrepreneurial activity; non-governmental organizations; social problems; socially vulnerable layers of the population.


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