| № | Initials and surname of the autor (s) | Article title | Annotation | Keywords |
| 1 | Aytkazin Yerlan Maidanuly Ibragimova Flyura Galimovna | TOPICAL ISSUES OF LEGISLATIVE SUPPORT FOR THE DEVELOPMENT OF THE INSTITUTE OF «GREEN» PUBLIC PROCUREMENT IN THE REPUBLIC OF KAZAKHSTAN | The authors of the article reviewed the environmental criteria of the current legislation of the Republic of Kazakhstan regulating the mechanism of public procurement, analyzed the level of legislative support for the concept of state «green» procurement. The practical realization of the possibilities of obtaining advantages of goods and services that meet environmental requirements is evaluated. In addition to domestic legislation, mechanisms for implementing «green» public procurement in European countries were discussed. Special attention was paid to the most effective practices achieved in the states of the European Union and the possibilities of their application in Kazakhstan are provided and recommendations for improving legislation are given. Taking into account the importance of the state policy carried out in the Republic of Kazakhstan based on the principles of environmental protection and sustainable development, the authors propose the introduction of new definitions and consider the mechanism for the introduction of «green» public procurement. At the same time, it is concluded that the changes necessary for the full implementation of the institute of «green» public procurement in the country should be accompanied by the improvement of not only the regulations governing public procurement, but also legislation contributing to the transition to a green economy and environmental labeling. | «green» public procurement; environmental criteria; green economy; competition; sustainable public procurement; ecology; environmental labeling; manufacturer. |
| 2 | Akhmetov Yerik Bulatovich | ON THE ISSUE OF THE COMPETENCE OF ADMINISTRATIVE COURTS IN THE REPUBLIC OF KAZAKHSTAN, THE MAIN DIFFERENCES FROM CIVIL PROCEDURE | The article deals with the issues of the competence of administrative courts in the Republic of Kazakhstan and in foreign countries. The main attention is paid of the peculiarities of the conduct of administrative proceedings in the Republic of Kazakhstan. The scientific novelty lies in the study of the basic principles of the administrative courts’ organization. The author is of the opinion that every person has the right. His case should be observed by the independent and impartial court. In the article, based on the comparative research method, a brief overview of the competence of administrative courts in the Republic of Kazakhstan and other countries. The main differences between the administrative process and civil proceedings were also identified. The author thinks that the institute of administrative procedures is of particular relevance, especially the analysis of the principles that still remain little explored in the administrative-legal doctrine. Thus, the issue of the competence of administrative courts is due to the sum of the specialized principles as a condition for ensuring citizens' access to justice. | administrative justice; administrative proceedings; administrative judge; legality; public rights; interests of citizen; officials; administrative case. |
| 3 | Baimakhanov Artur Alisherovich Begaliev Yеrnar Nurlanovich | ON THE PROSPECTS OF INTRODUCING THE INSTITUTE OF CHIPPING OF CERTAIN CATEGORIES OF CITIZENS | The article is devoted to the actual problem of the validity, legality and expediency of chipping certain categories of citizens. The positive and negative sides of this problem are thoroughly and comprehensively analyzed on the example of foreign countries in which there is a practice under study. The scientific controversy of the published works on the problem of chipping is proposed, its own view is given and conclusions are drawn. One of the tools of digitalization is the integration of special chips into the structure of material objects that transmit cryptographic information (data). The key point of the article is a SWOT analysis (the method of strategic planning, which consists in identifying the factors of the internal and external environment of the organization and dividing them into four categories) developed on the basis of the study, including the strengths and weaknesses of the problem under study. The submitted proposals, which have theoretical and/or practical value, are aimed at countering the commission of crimes. The article is intended for persons interested in the issues of forensic technology, criminalistic characteristics of crimes, methods of investigation of certain types (groups) of crimes, as well as for a wide range of readers. | sensor; project; portal; radio frequency identification; biochip; chip; digitalization. |
| 4 | Belyalova Dana Ruslanovna Augustkhan Syrym Augustkhanuly | LEGAL REGULATION OF THE USE OF ELECTRONIC TRACKING DEVICES IN THE PROBATION SERVICE IN THE REPUBLIC OF KAZAKHSTAN | In this article, the authors carried out a detailed analysis of the legal aspects of the use of electronic tracking tools by the probation service in relation to convicts under the supervision of the probation service. Special attention was paid to the regulation of this process in accordance with legislation and law enforcement practice. The authors reveal the main advantages and disadvantages of legislative regulation and law enforcement activities on the use of electronic tracking tools, as well as further recommendations for improving the legislative regulation of electronic tracking tools. The issue of further increasing the ways and methods of combating any forms of offenses and their prevention, using innovative and digital technologies, ensuring the rule of law and public safety, protecting the rights and freedoms of citizens, the inevitability of punishment for any offenses committed by convicts, is relevant. | probation; electronic mean of tracking; penal enforcement system; restriction of freedom; control; electronic monitoring; punishment; criminal policy. |
| 5 | Biyekenov Nurlan Amangeldinovich | ON THE ISSUE OF REFORM PENAL ENFORCEMENT SYSTEM | In the article presented by the author, the issues of bringing the national penal enforcement system in line with international standards are considered. Despite the fact that all the steps of Kazakhstan during the period of independence in this area consistently reflected the desire of the state to form and develop a new penitentiary policy, the analysis of the functioning of the penal system, respect for the rights of convicts and persons in custody, expert materials conducted by the author showed a set of problems, the solution of which requires the efforts of the state and civil society institutions, among them: the growth of the «prison population»; the systematic underfunding of the Criminal Justice Committee; outdated methods of working with convicts, entailing a negative response that does not allow to achieve the goal of punishment; weak social reintegration of convicts, which does not have proper methodological support; low motivation for citizens to enter the service in the penal system and weak ideological training, which does not allow at the psychological level to resist the carriers of the criminal subculture and radical views of the contingent. Based on the study of scientific works of domestic and foreign scientists, proposals of penitentiary experts and human rights defenders, reporting and statistical materials of the activities of the Committee of the Ministry of Internal Affairs, the Committee of Legal Statistics and Special Records of the Prosecutor General's Office of the Republic of Kazakhstan, as well as generalization of the experience of post-Soviet and European countries, recommendations have been developed to solve many of the identified problems. | penitentiary system; penal enforcement system; international standards; humanizations of criminal legislation; resocialization of convicts; probation |
| 6 | Voyevodkin Denis Viktorovich | ABOUT THE TRACE PATTERN OF FORGERY OF DOCUMENTS IN THE FIELD OF MEDICAL CARE OF THE POPULATION | The article considers the features of the trace pattern of crimes related to forgery of documents in the field of medical care of the population as independent elements of criminalistic characteristics. The article analyzes the natural features inherent in the considered type of crimes and influencing the emergence of the relationship between the methods and mechanisms of their commission. Taking into account the development of forensic technology at the present stage of the scientific and technological revolution, accompanied by informatization and technization of crime, due to the integration of modern information technologies in all spheres of human activity, special attention is paid to the mechanism for detecting and removing such relatively new types of traces as digital traces when investigating the type of crimes under consideration. Practical recommendations are given on the use of the highlighted features in the investigation of crimes related to the falsification of documents in the field of public health care. | document research; forensic characteristics; medical documents; forgery; trace pattern; traces of crime; falsification; digital traces. |
| 7 | Karpekin Alexander Vladimirovich Baymukhanov Yerbakyt Mukhamedkalievich | ORGANIZATIONAL AND ADMINISTRATIVE COMPONENT OF THE MANAGEMENT DECISION-MAKING PROCESS IN THE INTERNAL AFFAIRS BODIES | This scientific article explores the organizational and administrative aspects of the management decision-making process in the internal affairs bodies. The authors analyze the criteria that can be used to assess the effectiveness of the decisions taken, including their compliance with legislation, the level of satisfaction of stakeholders and the achievement of goals. The authors conclude that for effective management decision-making in the internal affairs bodies, it is necessary to consider all of the above aspects and focus on public interests. Particular attention is paid to the issue of compliance with the law when making managerial decisions in the internal affairs bodies. Modern technologies and tools that can help improve the managerial decision-making process in the internal affairs bodies are discussed. The accuracy of the designated goal and the tasks to be solved in front of a specific situation largely depends on the correctness of the management decision being made, which ultimately has a favorable effect on the activities of both a single unit and the law enforcement system. The article contributes to studying of the management decision-making process in internal affairs bodies. It can be helpful for specialists working in the field of law enforcement and management. | management decision; internal affairs bodies; law enforcement; criteria; analysis; efficiency; process optimization. |
| 8 | Korzhumbayeva Tamara Muslinovna Abizhanov Syrym Maratovich | FEATURES OF INFORMATION AND ANALYTICAL WORK IN DETECTION, PREVENTION AND SUPPRESSION CRIMES IN THE FIELD OF INFORMATION TECHNOLOGY | Modern and effective response to the challenges of the criminal world requires law enforcement agencies to apply new, effective methods in their work. One of the directions in this activity can be today – information and analytical work, which is of a search and intelligence nature. The authors of the article state the need to improve legislation in the field of operational investigative activities, in connection with which it is proposed to expand the list of general operational investigative measures aimed at monitoring telecommunications networks and systems. Due to the high criminogenic potential of crimes in the field of information technology, such systems for monitoring hidden segments of the Internet can become very promising. At the same time, the search and collection of information about persons of interest and facts is fraught with significant difficulties due to the lack of clear methods for carrying out operational search activities, which requires organizational and legal foundations for the development of this activity. | information; analytical work; counteraction; technologies; technical means; network monitoring; Internet; Darknet. |
| 9 | Kumisbekov Serikkazy Kumisbekuly Abizhanov Syrym Maratovich | COMPARATIVE ANALYSIS OF THE CRIMINAL LEGISLATION OF FOREIGN COUNTRIES ON CRIMINAL LIABILITY FOR MASS RIOTS | The article is devoted to the study of the problems of differentiation of criminal liability of subjects of mass riots in the legislation of foreign countries. Studying foreign experience opens up new horizons for a lawyer, gives him the opportunity to learn more about the rights of his country. The authors conducted a comparative analysis of the criminal legislation of foreign countries, which provides for criminal liability for mass riots that violate public order. The problem of bringing the subjects of mass riots to criminal responsibility under the legislation of foreign countries is being actualized. The article concludes that the approach to determining the age of the subject of the crime in the legislation of the studied countries is not the same. This study provides an opportunity to analyze the level of effectiveness of countering criminal offenses in foreign countries. The authors conclude that mass riots are recognized as a crime against public order in all states. | analysis; legislation; crime; mass riots; responsibility; security; public order; organizer; participant. |
| 10 | Makhanov Talgat Gabitovich | SOME ISSUES OF DETERMINING THE JURISDICTION IN CRIMINAL CASES AT THE PRESENT STAGE | In this article, the author examines some issues of determining the jurisdiction in criminal cases, reveals problematic issues arising in the criminal process. Based on the research of scientific works of domestic and foreign scientists on the issue of determining the jurisdiction in criminal cases, the provisions are put forward that the signs of attribution of specific criminal cases should be determined on the basis of a set of scientifically based criteria for determining the jurisdiction, and not by one of them. In addition, the author analyzes statistical data and describes the status of the transfer of criminal cases under investigation. Along with this, the powers of the prosecutor in determining the jurisdiction, including alternative, are characterized. The norms of the CPC regulating the issues of the prosecutor's exclusive jurisdiction have been studied. In conclusion, the optimal rules for determining the jurisdiction are formulated and ways to solve this issue are proposed. | criminal process; preliminary investigation; inquiry; pre-trial investigation; investigative bodies; prosecutor; criminal case; determination of jurisdiction; criterion; regulation. |
| 11 | Mukanov Malik Rsbaevich Mukhametkaliev Nurken Zhanbolatovich | PROBLEMS OF THE EXISTING MECHANISM OF CORRECTION OF CONVICTS | Abstract. The article is devoted to the analysis of legal regulation and practice of application of the current mechanism of correction of convicts. The very concept of «correction of convicts» is considered from the position of criminal and penal enforcement law. In the process of theoretical research of problematic aspects of the existing mechanism of correction of convicts special attention is paid to the legally enshrined criteria for assessing the behavior of the convict. Also the means of correction of convicts established in the criminal-executive legislation are considered, among which such a new means as «maintenance of positive social ties» deserves attention. As a result, conclusions are made that the legislatively established criteria for assessing positive behavior do not reflect the real situation in correctional institutions of the penal correctional system of the Republic of Kazakhstan, as well as the expediency of replacing such means of correction of convicts as «maintenance of positive social ties» to another – «social work with convicts», which includes, but is not limited to, maintaining said relationships. work. | punishment; penal system; correction; inmates; behavioral assessment; positive degree; negative degree; means of correction; social |
| 12 | Mukhitdinov Aziz Akhmatzhanovich | COUNTERING RELIGIOUS EXTREMISM AT THE LEGISLATIVE LEVEL IN THE REPUBLIC OF KAZAKHSTAN | The article analyses the legislation on countering religious extremism in the Republic of Kazakhstan. The study revealed several areas that require additional attention and further changes in the legislation. Firstly, it reveals that the current understanding of the concept of «extremism» is insufficient, and that it is necessary to specify the concept itself and the interpretation of the term «extremism», as well as to expand this concept. Secondly, the article emphasises the need to consider the draft law «On Religious Activity and Religious Associations», which proposes to include the concept of «destructive religious movements». The state programmes to counter religious extremism and terrorism for the periods 2013-2017 and 2018-2022 are analysed and reviewed. The effectiveness, main achievements and shortcomings of the programmes are highlighted, as well as the importance of state- society interaction in this sphere. The article proposes the need to adopt a special order at the level of the General Prosecutor's Office of the Republic of Kazakhstan aimed at strengthening the prosecutor's supervision over the implementation of legislation in the field of countering extremist activities. This will allow for more effective and coordinated coordination of actions of all levels of government and public organisations in countering religious extremism. | extremism; law; government; crime; destructive religion; prosecutorial supervision; law enforcement agencie; public organisation; security threat. |
| 13 | Sadykov Mukhtar Tynyshbayeva Ane Arzievna | THE USE OF ARTIFICIAL INTELLIGENCE IN FORECASTING AND COMBATING RELIGIOUS EXTREMISM AND TERRORISM: OVERVIEW OF INTERNATIONAL PRACTICE | Based on modern practice, one can observe the crucial importance of artificial intelligence in predicting terrorism and combating it. This plays a vital role in determining the methods and degree of application of anti-crisis measures. This article analyzes the international experience and the current state of the use of artificial intelligence in the forecasting and fight against terrorism, and also examines some of the known advantages and disadvantages of the practice of using DEXTER, Malicious use of artificial intelligence (MUAI), deepfake, Human intelligence (HUMINT) technologies, etc. In the process of using technologies to combat terrorism, attention is paid to ethical and moral issues that need to be addressed. The purpose of the article is to review the current state and approaches to the use of artificial intelligence to prevent and combat terrorism in the world. | artificial intelligence; forecasting; model; rights; MUAI; HUMINT; deepfake; DEXTER. |
| 14 | Tarasov Alexander Alekseevich | EXPERT AND SPECIALIST IN CRIMINAL PROCEDURE LEGISLATION OF THE REPUBLIC OF KAZAKHSTAN AND THE RUSSIAN FEDERATION | The normative-legal regulation of participation in a criminal case of carriers of special knowledge is aimed at solving evidentiary problems in this case. The common for Russia and Kazakhstan Soviet and relatively different post-Soviet practice of solving these problems made it possible to identify similar problems of lawmaking and law enforcement, which in the latest criminal procedure laws of both states are solved in part similarly, in part somewhat differently, including in determining the procedural status of an expert and specialist. The common thing is the preservation of both procedural figures for participation in the case of carriers of special knowledge, which is not typical for most foreign legal systems. The article proves that the main delimiting criteria for the status of an expert and a specialist, which were considered indisputable in Soviet times - the fact of conducting research and giving conclusions on their results only by experts – in modern conditions have lost their relevance according to both compared laws. The only criterion for such a distinction has been retained – a purely procedural one – the legal fact of the appointment of a forensic examination as the basis for the emergence of the procedural status of an expert. The final conclusion is made about the inexpediency of maintaining two procedural statuses of knowledgeable persons in both national systems of criminal procedure. | criminal process; criminal proceedings; forensic activities in criminal cases; expert; specialist; appointment of a forensic examination; conclusion and testimony of an expert; conclusion and testimony of a specialist; interrogation of an expert; interrogation of a specialist. |
| 15 | Tynyshbayeva Ane Arzievna Bokaev Baurzhan Nurzhanovich | THE SOCIAL STATUS OF CIVIL SERVANTS IN THE SUBJECTIVE STRATIFICATION OF AMERICAN SOCIETY: A CRITICAL ANALYSIS | This article reveals the results of a field study on the social status of civil servants conducted in New York City, USA. The following research methods were used in the work: discourse analysis, observation and non- standardized free interview with respondents living in the USA, randomly selected immigrants, visual observation. The study analyzes the social status of civil servants, shows the importance and role of socio-economic well- being in choosing the field of activity, attitude to public service, problems and difficulties of the personnel of the public sector. The authors conclude that the social status of a civil servant is influenced by the subjective self-perception of the social status of an employee, and despite the measures of social support and protection taken by the state, the tendency to reduce the prestige of the civil service is steadily growing. The material and economic condition is becoming increasingly important in determining the social status. | civil service; civil servant; social class; social status; middle class; social class self-identification; social structure; social behavior; social status; social strata. |
| 16 | Khamit Edil Edigeuly | FEATURES OF QUALIFICATION OF INTERNET THEFT COMMITTED BY MEANS OF "PHISHING" | The article is devoted to the issues of qualification of thefts committed via the Internet and technical achievements through the use of personal data of third parties (bank account and card details, CVC codes, etc.) obtained during the commission of «phishing». The essence of the concept of «phishing» is revealed and the conditions under which the data obtained in this way can be used both to commit the Internet fraud and to commit Internet theft are considered. It is indicated that it is very important that a certain period of time may pass between the fact of obtaining personal data and the commission of embezzlement of funds, which should be taken into account when qualifying the act. The author, based on the analysis of literary sources on the studied issues and the study of the experience of law enforcement practice, suggests ways to solve problematic issues related to the qualification of the acts under consideration. | Internet theft; cyber crime; phishing; personal data; qualification of the act; fraud; criminal liability; bank details; Internet fraud; Internet theft. |