|№||Initials and surname of the autor (s)||Article title||Annotation||Keywords|
Aytkazin Yerlan Maidanuly
Ibragimova Flyura Galimovna
Baizhumanov Nurlan Orazbekovich
|ON THE ISSUE OF THE EFFECTIVENESS OF THE PRACTICAL IMPLEMENTATION OF AMENDMENTS AND ADDITIONS TO THE LAW OF THE REPUBLIC OF KAZAKHSTAN «ON PUBLIC PROCUREMENT»||The presented scientific article is the second prepared by this author’s composition on the topic of practical implementation of amendments and additions made on November 15, 2021 to the Law of the Republic of Kazakhstan dated December 4, 2015 «On Public Procurement».|
The authors conduct an in-depth analysis of the issues of practical implementation of innovations, as well as specific recommendations on some of them. In particular, the article discusses the introduction of new methods of competitive procurement using framework agreements, rating-point system, the advantages of putting into effect and the problems of implementing the procurement method through an electronic store.
The purpose of the article is to conduct a comprehensive study of the effectiveness of changes in legislation carried out in practice in order to make proposals to eliminate existing contradictions between the norms of the law regulating the public procurement system, as well as the formation of norms capable of resisting the manifestation of corruption, which in turn should ensure transparency through practical analysis of the introduction of new technologies.
|public procurement; customer; supplier; framework agreement; competition; portal; rating and point system; electronic store.|
Alshymbek Dauren Bolatuly
Ostapovich Igor Yurievich
|CHALLENGING PATERNITY: PROBLEM ISSUES OF PROTECTION OF THE RIGHTS OF SUBJECTS OF FAMILY RELATIONSHIPS||The article investigates theoretical and practical issues of challenging paternity.|
The authors expresses doubts about the application of the presumption of paternity to relations regulated by clause 3 of article 47 of the Code of the Republic of Kazakhstan «On marriage (matrimony) and family».
The authors draws a relationship between the violation of the rights of the child and the limitation of the possibility of challenging paternity under paragraph 1 of Article 51 of the Code of the Republic of Kazakhstan «On marriage (matrimony) and the family».
The article formulates an opinion on the inapplicability of the mediation procedure to contest paternity.
The authors touches upon the problem of involved fatherhood, strengthening the work to promote family values and awareness of the social role of the parent.
|contesting paternity; acknowledging paternity; presumption of paternity; involved paternity; forced paternity; mediation; the origin of the child; family; parent; court.|
Baigundinov Yeldos Nagymbaevich
|THE HISTORY OF THE DEVELOPMENT OF CRIMINAL RESPONSIBILITY FOR THE MURDER OF A NEWBORN CHILD BY A MOTHER||In the article, the author analyzes the history of the development of criminal responsibility for the murder of a newborn child by a mother. Without knowledge of history, without a deep retrospective analysis of any legal institution, it is impossible to imagine ways to further improve it. This also applies to the institution of the murder of a mother of her newborn child. This article attempts to investigate the evolution of criminal responsibility for the murder of a newborn child by a mother. To this end, the main historical legislative acts devoted to the regulation of the criminal legal fight against this act are analyzed.|
The problem of this type of murder is extremely relevant. There are several positions in the world doctrine of criminal law regarding Article 100 of the Criminal Code of the Republic of Kazakhstan, which provides for reduced criminal liability for this crime. According to others, its presence is advisable, but it requires improvement, and according to others, it is subject to exclusion, and those guilty of such a murder should be criminally liable on general grounds for qualified murder.
|murder; customs; out of wedlock; during childbirth; code of laws; shame; punishment; death penalty; hard work; honor.|
Baltabayeva Zhibek Baurzhanovna
|ON CHANGING APPROACHES TO THE SELECTION PROCEDURE FOR LAW ENFORCEMENT OFFICERS OF THE REPUBLIC OF KAZAKHSTAN||This article is devoted to the history of changes in approaches to the organization and conduct of one of the key procedures for staffing – the selection of candidates for service in the prosecutor’s office, the anti- corruption service and the economic investigation service.|
The article analyzes the main legislative amendments made to the profile law «On law enforcement service» from the moment it was put into effect, identifies key milestones in the history of the transformation of this institution, formulates its modern problems of a regulatory and organizational nature, defines a range of promising scientific and applied areas of research. As a central element of modern selection, the author cites the institution of initial vocational training, designed to level the lack of practical orientation of higher education and combining the stages of preliminary study and evaluation of candidates, training and interships.
|Keywords: staffing; personnel selection; professional training; law enforcement service; law enforcement agencies; training; professional competencies; candidates for service.|
Abaideldinov Yerbol Musinovich
|SOME ISSUES OF REALIZATION OF THE RIGHTS OF DISABLED CHILDREN IN KAZAKHSTAN ACCORDING TO THE UN CONVENTION ON «THE RIGHTS OF DISABLED PEOPLE»||It is known that the number of children with disabilities is increasing every year in all countries of the world. Children with disabilities are not only subject to various exclusions, discrimination, violations and violations of their rights, but also become victims of acts such as violence, cruelty, neglect and exploitation. The mechanism for recognizing and protecting the rights of children with disabilities is provided for by international law. However, the legal consolidation of rights does not mean their automatic, unhindered exercise. The article refers to a number of problems that children with disabilities face in the country in the exercise of their rights in the field of health in accordance with international law. Receiving the necessary and effective assistance from the state in the field of health, thereby improving the state of health, is the right of children with disabilities, guaranteed by international and national legal documents. It is very important to have an effective mechanism of the state that allows the realization of rights in this area. This is due to the fact that the possibility of exercising the social, political, economic and other rights of children with disabilities is closely related to the improvement or stability of their health.||сhild with a disability; disability; disabled child; United Nations; United Nations Convention on the Rights of Persons with Disabilities; ratification; mental development disorders; diseases of the musculoskeletal system; inclusive society.|
Yessenzholov Nurolla Ergalievich
Zhampeisov Duman Abiltaevich
Baktybekov Mukhtar Baktybekuly
|THE SIGNIFICANCE OF THE PRINCIPLE OF THE ACTIVE ROLE OF THE COURT IN ADMINISTRATIVE LEGAL PROCEEDINGS AND THE FEATURES OF ITS IMPLEMENTATION||The article is devoted to the principle of the active role of the court in administrative proceedings in Kazakhstan. Today, in order to achieve the goals of administrative proceedings, it is necessary to comprehensively and effectively consider administrative disputes. The conditions for consideration of administrative disputes are analyzed in compliance with the principles of discretion, equality and the active role of the court.|
As a result, it is analyzed that the courts do not remain neutral in court proceedings, but actively investigate the case, establish important facts, participate in the learning process from a professional point of view, eliminate the inequality between administrative bodies and citizens.
The study determined that the principle of the active role of the court is an important tool in achieving the essence of administrative justice, and in the current situation, an effective mechanism for ensuring judicial control over the executive branch and achieving justice through the search for a court.
|administrative justice; active role of the court; legal proceedings; justice; discretion; legal principles; court; research; human rights; lawsuit.|
Kuzekova Gaukhar Saktabergenovna
|WAYS TO OPTIMIZE THE SYSTEM OF PRESERVATION AND MAINTENANCE OF SOCIALLY USEFUL CONNECTIONS OF PERSONS SENTENCED TO IMPRISONMENT (STATEMENT OF THE PROBLEM OF SOCIAL WORK IN PENITENTIARY INSTITUTIONS)||. In the penitentiary system of the Republic of Kazakhstan, regulation, maintenance and preservation of contacts with the outside world of persons sentenced to imprisonment during their stay in isolation from society is of particular importance. One of the most important factors contributing to the neutralization of psychological stress and social maladaptation is the ability of convicts to maintain and maintain positive social contacts that they had before their conviction or already during the period of serving their sentence. Successful resocialization is impossible or extremely difficult for people who have lost those social interactions that they need for a positive projection of their own future. At the same time, it should be borne in mind that stable social ties are the product of long–term coexistence and interaction. Accordingly, the risks of their loss or significant weakening should be assessed as one of the most significant «by-products» of serving a sentence of imprisonment. This raises the question of organizing the process of serving a sentence (in particular, penitentiary probation) in such a way as to use all available opportunities so that the convicted person does not become socially lonely.||social isolation; deprivation of liberty; social work; international standard; socially useful connections; resocialization; penitentiary probation.|
|TOPICAL ISSUES RELATED TO THE ABOLITION OF CONDITIONAL EARLY RELEASE FROM PUNISHMENT||Conditional early release and related issues in practice regarding its application and enforcement do not lose their relevance to this day. This is evidenced by the amendments and additions to the regulatory legal acts of the entire institution of exemption from criminal liability and punishment. Separately, however, the issues of abolishing conditional early release during the remaining unserved part of the sentence, which are considered only by the court on the basis of the rules provided for by criminal and criminal procedural legislation, as well as the normative resolution of the Supreme Court of the Republic of Kazakhstan «On the judicial practice of conditional early release from serving a sentence, replacing the unserved part of the sentence with a milder type of punishment and reducing the term of the sentence imposed» dated October 2, 2015. On the basis of these legislative acts and scientific literature, the article analyzes the conditions for the abolition of conditional early release, on the basis of which proposals are made to amend part 7 of Art. 72 of the Criminal Code of the Republic of Kazakhstan.||punishment; conditional early release; petition; cancellation; administrative offense; negligent crime; intentional crime; non-execution; court.|
Orakbayev Askhat Bakytuly
|ABOUT SOME ISSUES OF INVESTIGATION OF MURDERS USING VIRTUALIZATION SYSTEMS||Murder violates the natural human right to life, which is protected by the main law of the country – the Constitution. In Kazakhstan, against the background of a decrease in overall crime, the number of intentional criminal attacks on human life is decreasing. At the same time, 55 murders remain unsolved over the past 2 years, which cannot be ignored. Law enforcement agencies use all forces and means to catch the offender, including modern achievements in science and technology. The article describes the foreign experience of using advanced virtualization tools in clarifying the circumstances of an incident in such cases. Based on a SWOT-analysis of the implementation of virtualization systems, it is proposed to: apply digital reconstruction in conditions of non- obviousness of death and to resume the investigation; introduce legal consolidation, standard procedures and rules for the use of digital reconstructions; digital reconstruction can replace a number of investigative actions if the safety of participants is necessary or a lot of time has passed since the deprivation of life; create a cloud storage system for verifying digital evidence; to settle international agreements on the investigation of facts when the killer and the victim are on the territory of different countries at the time of the incident.||3D modeling; murder; virtual reality; virtualization systems; investigator; investigation; digital reconstruction; SWOT-analysis.|
Seitayeva Zhanar Sekezhanovna
Kanatov Almas Kanatovich
Abysheva Khadicha Agzamovna
|TO THE DRAFT LAW «ON COMBATING HUMAN TRAFFICKING IN THE REPUBLIC OF KAZAKHSTAN» (CRIMINAL AND VICTIMOLOGICAL ASPECT)||This article provides the author's commentary (from the standpoint of the criminal-victimological aspect) to the draft law «On combating human trafficking in the Republic of Kazakhstan», developed by an Interdepartmental working group under the leadership of the Ministry of Internal Affairs of the Republic of Kazakhstan.|
The concept of the draft law provides for the definition of the circle of persons to whom the provisions of the Law will apply; the establishment of authorized bodies in the field of combating human trafficking, their rights and obligations; the definition of subjects of combating human trafficking and their competence; the introduction of a risk assessment of trafficking in persons and a mechanism for redirecting victims, etc.
The key advantage of the draft law is that its adoption will create the necessary legislative and legal framework to improve the effectiveness of work in the field of combating trafficking in persons, as well as improving national legislation and law enforcement practice in accordance with international standards.
At the same time, the authors highlight a number of recommendations for detailing some of the conflicts identified during the analysis of the draft Law submitted for discussion. In particular, the principles of legal regulation, the use of preventive measures, as well as the optimization of the thesaurus and the improvement of the current industry legislation require systematization and clarification.
|human trafficking; draft law «On combating human trafficking in the Republic of Kazakhstan»; rights of victims of human trafficking; improvement of industry legislation; criminology; criminal and victimological aspect.|
Filipets Oxana Borisovna
|FORCED PAYMENT AS A TOOL PROTECTION OF THE RIGHTS OF THE VICTIM OF A CRIMINAL OFFENSE IN THE REPUBLIC OF KAZAKHSTAN||The article highlights the issues of forced payment as another measure of criminal legal impact aimed at restoring the rights of victims of criminal offenses. The author, based on the analysis of the norms of criminal, criminal procedure legislation, including the explanations of the Supreme Court of the Republic of Kazakhstan within the framework of regulatory decisions, legislation on the Compensation Fund for Victims, identified problematic aspects of legislative regulation in terms of categories of victims claiming to receive payments from the Compensation Fund for victims, as well as imperfections of the norms of criminal legislation on compulsory payment in parts of those persons whose guilt has been proven, but there is no conviction in connection with the application of incentive norms. Taking into account the progressive experience of foreign legislation, comparison of the norms of criminal, criminal procedure legislation and the Law of the Republic of Kazakhstan «On the Compensation Fund for Victims», the ways of further improvement of the norms on compulsory payment are proposed.||compensation; punishment; victim; resolution; verdict; forced payment; criminal liability; criminal offense.|