| № | Initials and surname of the autor (s) | Article title | Annotation | Keywords |
| 1 | Azhibayev Marat Gennadyevich | ILLEGAL ARMA TRAFFICKING: CRIMINAL LAW ASPECTS | The development of new technologies brings progress to society and possible threats to the national and military security of the country. Criminals are increasingly using the results of progress to commit illegal acts. In this regard, special attention should be paid to the study of the issue of arms trafficking. The trend in this area today is to simplify and reduce the cost of its production processes. One of the technological directions is the manufacture of plastic weapons on 3D printers, practically at home. At the same time, the number of such weapons can vary from one copy to several hundred units per day. And its types can be represented by firearms, grenades, ammunition, etc. In turn, domestic criminal legislation, one of the tools for preventing offences, should be ready for such phenomena to protect citizens and the democratic foundations of the rule of law. In this regard, the author proposes to revise the provisions of certain parts of Articles 287 and 288 of the Criminal Code of the Republic of Kazakhstan within the framework of the article, introducing an appropriate qualifying feature into them. | security; crime; weapons; ammunition; production; legality; state; plastic. |
| 2 | Aigarinova Gulnar Tuleukhadirovna Baideldinov Daulet Laikovich | LEGAL ISSUES OF CLIMATE PROTECTION IN THE DIGITALIZATION OF THE REPUBLIC OF KAZAKHSTAN | Today, the world’s population remains under threat from global environmental problems. Climate change as a global environmental problem, the emergence of which is mainly associated with the growth of industry and production, poses the task of mitigating the negative consequences of climate change and combating it. In order to improve legislation in the field of regulating the impact on climate and eliminate gaps, the development of a draft Law «On the protection of the Earth's climate and ozone layer» seems promising. The purpose of this scientific article is to study the legal issues of climate protection in the Republic of Kazakhstan in the context of digitalization, substantiate and develop conceptual frameworks, theoretical rules, conclusions and practical recommendations for improving the current legislation and the experience of its application as a basis. | climate protection problems; protection of the ozone layer; greenhouse gases; renewable energy source; global warming; climate change; anthropogenic impact; digitalization. |
| 3 | Aytkazin Yerlan Maidanuly Kaishatayeva Assel Kuandykovna | THE RELEVANCE OF THE INTRODUCTION OF THE SYSTEM OF INSURANCE OF PROFESSIONAL LIABILITY OF MEDICAL WORKERS IN THE REPUBLIC OF KAZAKHSTAN | It is planned to introduce a system of professional liability insurance for medical workers and the adoption of appropriate regulatory legal acts in the Republic of Kazakhstan. The article reviews the mechanisms of professional accountability insurance of doctors and other medical staff abroad and discusses the possibility of their implementation in Kazakhstan. The purpose of the study is the permissibility of using foreign experience to present a system that guarantees compensation for the harm caused to the patient, which will ensure an improvement in the quality of medical care and legal protection of medical workers. Based on the review of the conducted studies, the authors came to the conclusion that this type of insurance is currently one of the most effective means of protecting the rights of patients and medical workers, which is certainly necessary and timely for the Republic of Kazakhstan. As the main advantages of this mechanism, the authors emphasize the fact that compensation is guaranteed for the damage caused to the patient and a clear payment mechanism is formed and the consolidation of joint responsibility of the medical worker and the health organization for the damage caused is achieved. | a medical worker/staff; medical institution; patient; insurance; professional liability insurance; professional accountability; compensation; medical activity. |
| 4 | Alibekova Assel Muratovna | SOME ASPECTS OF IMPROVING THE LEGISLATION ON RESPONSIBILITY FOR ADVERTISING THE ACTIVITIES OF THE FINANCIAL (INVESTMENT) PYRAMID | The introduction of criminal liability for advertising the activities of a financial (investment) pyramid is one of the measures to counteract the criminal activities of such organizations and their further prevalence. The article is devoted to the study of the problems of legal regulation of responsibility for the act in question. The paper analyzes the norms of the current administrative and criminal legislation of the Republic of Kazakhstan on responsibility for advertising the activities of a financial (investment) pyramid. During the study of administrative- legal and criminal-legal aspects of responsibility for advertising the activities of a financial (investment) pyramid, the question of compliance of the norms under consideration with the provisions of advertising legislation was investigated, some problems of qualification of the type of criminal offense under consideration were identified when establishing signs of the objective side of the act. Based on the results of the study, proposals were formulated aimed at improving the norms on administrative and criminal liability for advertising the activities of a financial (investment) pyramid. | advertising the activities of the financial (investment) pyramid; advertising; financial pyramid; administrative responsibility; criminal responsibility; improvement of legislation; qualification; distribution; accommodation. |
| 5 | Amanova Diana Turanovna Abizhanov Syrym Maratotovich | PREVENTIVE PREVENTION AS THE MAIN DIRECTION OF THE FIGHT AGAINST JUVENILE DELINQUENCY | The article is devoted to the topical areas of research of the issues related to with criminal offenses committed by minors. Juvenile delinquency is characterized by a high degree of activity, dynamism, and group character. People who have embarked on the path of committing crimes at a young age are difficult to correct and re-educate and represent a reserve for adult crime in the future. The authors believe that the study of the relevant causes and conditions of juvenile delinquency, the identification of patterns of the causal complex of illegal behavior of adolescents can significantly reduce the growth of crime among young people. The article analyzes the early prevention of juvenile delinquency. The authors believe that preventive crime prevention is of great practical importance, and its timely and properly organized implementation makes it possible to reduce juvenile delinquency. | criminal code; the Concept; juvenile delinquency; minor; early prevention; neglect; criminal offense; criminal liability. |
| 6 | Baimukhametova Guldana M | ON THE APPLICATION OF THE INSTITUTE OF MEDIATION IN CRIMINAL PROCEEDINGS: EFFICIENCY ISSUES AND SOLUTIONS. | . The article considers the issue of the application of the institute of mediation in criminal proceedings. The application of the institute of mediation in the field of criminal procedure is particularly relevant, while the current problem in this area of legal proceedings entails serious consequences. While the problem in the field of civil law, as a rule, entails a violation of material interests, in the field of criminal law this problem manifests itself in the violation of basic constitutional human rights: the rights to freedom, life, etc. The author considers the issues of practical application of mediation in criminal proceedings. The article contains proposals and amendments to legislation aimed at improving the mediation process and ensuring its effective functioning in the legal system. The amendments to the Criminal Procedure Code of the Republic of Kazakhstan provide the prosecutor with discrediting powers to appoint mediation procedures as an alternative to criminal prosecution, approve a mediation agreement and terminate criminal prosecution when the ultimate goal of mediation is achieved. It also provides for the supervision of compliance with the mediation agreement and the protection of the rights of the victim. These changes are aimed at stimulating and expanding the use of mediation in criminal proceedings. | mediation; mediator; criminal process; criminal law conflict; reconciliation; mediation procedure; law; court. |
| 7 | Baiseitov Bagram Salkenovich | RESPONSIBILITY OF EXPERTS AND SPECIALISTS IN THE PROCESS OF PUBLIC PROCUREMENT: PROBLEMS OF APPLICATION OF THE LEGISLATION OF THE REPUBLIC OF KAZAKHSTAN | The article examines the degree of responsibility of experts and (or) specialists in the process of public procurement. The author conducted an analysis of the current criminal legislation of the Republic of Kazakhstan, the results of which revealed collisions that contribute to the irrational use of the norm on liability for giving deliberately false conclusions of experts and (or) specialists involved by government agencies or a responsible company to check the quality of goods, works or services. According to the author, such illegal activity of experts and (or) specialists in giving deliberately false conclusions in the framework of public procurement and the absence of a specific criminal law norm creates favorable conditions for committing embezzlement of public budgetary funds. Based on the results of the analysis, the author has developed proposals to improve the current Criminal Code of the Republic of Kazakhstan by introducing criminal liability of experts and specialists involved in public procurement contracts for giving deliberately false conclusions. | public procurement; criminal legislation; public budgetary funds; expert; specialist; false conclusion; crime; embezzlement. |
| 8 | Gubaidullin Zhumageldy Zhubandykuly | CREATION OF CONSPIRATORIAL ENTERPRISES AND ORGANIZATIONS IN OPERATIVE SEARCH ACTIVITIES: ISSUES OF LEGISLATIVE REGULATION | This article analyzes the concept and content of the creation of conspiratorial enterprises and organizations as an operational search event. Due to the significant confidentiality of the topic, scientific research on it is few and fragmentary. The legal norms of Kazakhstan and a number of foreign countries give a fragmentary idea of the essence of this action. There are different approaches in terminology and conceptual apparatus, which hinders effective law enforcement practice.There are unresolved problems of the current legislation of Kazakhstan that make it difficult to systematically use conspiratorial enterprises and organizations in countering particularly dangerous types of criminal offenses – organized crime, drug crime, religious extremism and terrorism, as well as the activities of destructive movements and organizations. As a result of scientific research, its main problematic issues were identified and proposals were developed to improve the norms of domestic operational search legislation. | conspiratorial enterprise; conspiratorial organization; legendary object; operational unit; cover documents. |
| 9 | Dyussenbayeva Aliya Kenzhegaliyevna | PROBLEMS OF LEGISLATIVE DEFINITION OF RAIDING | Countering raiding in the Republic of Kazakhstan is one of the important tasks of ensuring economic security. At the same time, the efforts made by the state in this direction are not effective, which is due to the imperfection of the norm of the criminal law providing for criminal liability for the commission of raiding, problems of establishing the concept and signs of this corpus delicti, the correct qualification of the act, differentiation from related criminal offenses and civil relations. This article examines the problem of the legislative definition of raiding in Article 249 of the Criminal Code of the Republic of Kazakhstan and suggests ways to solve it. The author has developed a new structure of raiding, which, in his opinion, fully reflects all the signs of the phenomenon under study, helps to eliminate its contradictory interpretations and correct qualifications in law enforcement practice. | raiding; raider seizure; raider; economic security; takeover; legal entity; illegal acquisition. |
| 10 | Imangaliyev Nurtai Konysbaevich Saulen Nurzhan | AMENDMENTS AND ADDITIONS TO THE LAW OF THE REPUBLIC OF KAZAKHSTAN «ON ROAD TRAFFIC»: ISSUES OF LEGAL REGULATION OF THE USE OF ELECTRIC SCOOTERS AND SMALL ELECTRIC VEHICLES | The article discusses amendments to the Law of the Republic of Kazakhstan dated April 17, 2014 «On Road Traffic» (the concepts of «small electric vehicle» and «electric scooter», the rights and obligations of THEIR OWNERS) introduced by the Law of the Republic of Kazakhstan «On Amendments and Additions to some Legislative acts of the Republic of Kazakhstan on traffic management» adopted on June 29 of this year. The importance and consequences of these changes in the modern era of road traffic and mobility were also analyzed. The authors considered issues related to the legal aspects of the operation of small electric vehicles, electric scooters, regulatory features and their impact on the organization of traffic. In particular, the authors focused on the problems that arise when small electric vehicles are put into operation, the concept of an electric scooter, names with one concept, redundancy of release to the right edge of the road. | road traffic; small electric vehicle; traffic laws; electric scooter; monowheel; segway; gyroscuter; bicycle. |
| 11 | Kainazarova Dariga Bolatovna Kaliyev Askar Abuzhanovich | ON THE ISSUE OF DETECTION AND INVESTIGATION OF TERRORIST AND EXTREMIST CRIMES ON THE INTERNET | The article deals with the problems of identifying and investigating extremist and terrorist crimes committed using the global Internet. The authors of the article draw the reader's attention to the use of the possibilities of the World Wide Web by criminal organizations, including extremist and terrorist ones, ways to conceal illegal actions in order to transmit messages and involve society in illegal activities. At the same time, the authors provide recommendations for law enforcement agencies to identify illegal activities on the Internet and to suppress extremist and terrorist crimes committed via the Internet. These include monitoring the Internet space by using artificial intelligence to analyze a huge amount of information contained on Internet resources, social graphs to study the profiles of specific users of social networks in order to identify persons committing crimes of an extremist and terrorist nature. The authors emphasize the need for professional training of law enforcement officers to increase the effectiveness of their work to identify and suppress extremist and terrorist activities in the Internet space. | terrorist crime; extremist crime; monitoring; social graph; artificial intelligence; blockchain; website; IP-address; data analysis; investigation; detection. |
| 12 | Koishubayeva Arailym Kanatkyzy Khanov Talgat Akhmatzievich | THE INTERRELATION OF LEGALITY AND MORALITY IN THE CONTEXT OF REFORMING OF CRIMINAL PROCEDURAL FORMS OF INVESTIGATION IN THE REPUBLIC OF KAZAKHSTAN | The article is devoted to the consideration of the relationship between the principle of legality and such a category as "morality" in the light of the reform of criminal procedure legislation in order to implement a three-tier model of criminal procedure. The features of the investigation of criminal cases in three forms, the regulation of which is fixed in the Criminal Procedure Code of the Republic of Kazakhstan, are considered. The historical aspects of reforming the forms of investigation are highlighted, the analysis of theoretical material is made, the data of legal statistics are analyzed. Applying general scientific, private scientific and special legal research methods, conclusions are formulated and solutions to the identified problems are proposed. Also, the authors turn to a detailed study of the legislative regulation of the conceptual apparatus used in the Criminal Procedure Code of the Republic of Kazakhstan, directly related to the implementation of the investigation, the forms of which are legislatively fixed in Article 189 of the Criminal Procedure Code of the Republic of Kazakhstan. In conclusion, the authors point out that the comparison of the investigative bodies with the prosecution seems unacceptable today in view of the proclaimed implementation of the three-tier model of criminal proceedings. It is proposed to amend the criminal procedure legislation taking into account the needs of law enforcement practice and the need to fulfill the tasks proclaimed by the President in the address to the people of Kazakhstan dated 1 September, 2022. | criminal process; form of investigation; law enforcement practice; criminal prosecution; procedural activity; three-tier model; pre-trial investigation; inquiry. |
| 13 | Mynzhanov Yerlan Kairatovich | ON THE PROBLEM OF THE INITIAL STAGE OF INVESTIGATION OF CRIMES IN THE FIELD OF MONEY LAUNDERING. | This paper examines problematic issues of investigation in the field of counteraction the legalization of criminal proceeds and other property obtained by criminal means in the Republic of Kazakhstan. The article is devoted to the study of the initial stage of the investigation of crimes in the field of money laundering, as well as issues in the field of studying private methods for the crime in question. The author carried out work on the analysis of statistical data and judicial acts. This paper examines the opinions of scientists, experts, and criminologists regarding the concept of «investigative situation» and other aspects in the investigation of money laundering. The results of the scientific research were proposals to supplement the classification on the issue of «subsequent situation», as well as for each investigative situation, the definition of an algorithm for investigative actions, the main tasks of the case and the most effective subsequent actions. Also, the author calls for active participation in the development of private methods in the field of combating money laundering, as this is important not only for the field of science, but also for practical application. | opposition; legalization of criminal proceeds; law enforcement agencie; investigation; crime; investigative situation; investigative version; private methodology; the international cooperation. |
| 14 | Rasheva Gulnur Koishynovna Japarkulov Daniyar | ISSUES OF LEGAL REGULATION OF ECO-TOURISM IN THE DIGITALIZATION OF THE REPUBLIC OF KAZAKHSTAN | It is necessary to consider the issues of regulatory regulation of the digital transformation of the sphere of ecological tourism as one of the sectors of the economy of Kazakhstan, which is the basis for the active development of the culture of ecological tourism and the deep decarbonization of the republic. In accordance with socio-economic conditions, prospects, sustainability and sustainability and international obligations, the development of ecological tourism has been identified as one of the priority areas of the "green" economy, as well as the development of this industry in continuity, taking into account the peculiarities of the modern digitalization process, the study of unresolved key issues is of great importance. The main idea of the study consists in an in-depth scientific and legal analysis of the state of the current legislation of the Republic of Kazakhstan in terms of developing effective legal tools for legal regulation of digitalization of ecological tourism in the context of new global challenges and trends in the industry. The purpose of the study is a comprehensive study of the legal problems of regulation of ecological tourism in Kazakhstan. The article describes the state of digital transformation of the eco-tourism industry and explores the problem of preserving the confidentiality of personal data of tourists introduced into digital technologies. | legal regulation; ecological tourism; environment; environmental protection; «green» economy; ecological entrepreneurship; decarbonization. |
| 15 | Sadvakasova Adel Talgatovna | FEATURES OF THE IMPLEMENTATION OF THE RIGHT TO COMPENSATION FOR DAMAGE CAUSED DURING PRE-TRIAL PROCEEDINGS IN THE REPUBLIC OF KAZAKHSTAN | The article is devoted to the consideration of issues of compensation for harm caused during pre- trial proceedings. The authors provide a number of justifications pointing to the need for a comprehensive study of the problems associated with compensation for harm caused by pre-trial proceedings in the course of activities to detect and investigate criminal offenses. It is indicated that today there is an urgent need to develop a mechanism for ensuring the rights and legitimate interests of persons who have been harmed as a result of actions (legal and illegal) or inaction of pre-trial proceedings. The reasons due to which the problem under consideration arose were identified. The article rightly notes that, despite certain achievements in terms of observing guarantees for the protection of the rights and legitimate interests of persons involved in the orbit of criminal proceedings, there are enough unresolved issues in the Republic of Kazakhstan related to improving the efficiency of mechanisms for compensating for harm caused by the actions of pre-trial investigation bodies. | criminal proceedings; law enforcement agencies; compensation for harm; procedural decision; investigation; pre-trial proceedings; moral damage; civil legislation; investigative actions; protection of rights. |
| 16 | Sadinov Talgat Mukashevich | SEPARATE APPROACHES TO THE FORMATION OF THE SYSTEM EARLY WARNING OF TORTURE | In the article the author examines the problematic issues of the prevention of torture. It is indicated that despite the measures taken by the government, the situation does not change significantly, the registration of pre-trial investigations in cases of torture does not decrease. The analysis showed that basically all measures to counteract torture are taken through the prism of improving criminal legislation, which, without eliminating the causes and conditions for committing this type of crime, will not give positive results. Based on the results of studying the personal files of employees convicted of torture, as well as the materials of official investigations, it was found that during the employee's service, signals were received about his possible aggressive behavior. In this regard, based on the study of foreign experience, analysis of national legislation and law enforcement practice, some solutions are proposed for the formation of an appropriate system of early detection of persons with a high risk of torture and other illegal methods of work. | torture; counteraction to torture; aggression; personality deformation; personnel selection system; psychological support of employees; a position with a high risk of torture; a «false» corporate culture; a system for early detection of persons with a high risk of torture. |
| 17 | Seitayeva Zhanar Sekezhanovna Kanatov Almas Kanatovich | INCREASING CONFIDENCE IN THE JUDICIAL SYSTEM AND THE QUALITY OF JUSTICE (ANALYSIS OF THE CONSTITUTIONAL AND LEGAL MATTER BY THE END OF 2023) | This article provides the author's commentary on the Constitutional Law «On the judicial system and the status of judges of the Republic of Kazakhstan». The specified normative act is analyzed from the position of its compliance with the National Development Plan of the Republic of Kazakhstan until 2025 and the Concept of Legal Policy. Recognizing the key role of a trustworthy judiciary in maintaining the rule of law and public welfare, the authors consider the multifaceted aspects of the problem through the prism of «international standards» implemented in the legal system of the Republic of Kazakhstan. Based on the synthesis of the identified individual shortcomings of the Constitutional Law «On the judicial system and the status of Judges of the Republic of Kazakhstan», the authors propose their own vision regarding the change of outdated, inefficiently implemented, excessive blank and reference norms, as well as the presence of corruption-causing factors. | court; Constitutional law; judicial system; status of judges; confidence building; quality of justice; efficiency of justice. |
| 18 | Filipets Oxana Borisovna Shelukhin Sergey Ivanovich | ON THE PROBLEMS OF LEGISLATIVE REGULATION OF POSTPONEMENT OF SERVING A SENTENCE DUE TO ILLNESS IN THE REPUBLIC OF KAZAKHSTAN | The article is devoted to the postponement of serving a sentence in accordance with the criminal, criminal procedure and criminal executive legislation of the Republic of Kazakhstan, as one of the types of incentive norms that the court has the right to apply to a convicted person if he has an illness. The legislator, having provided for this type of postponement of punishment, did not take into account the specifics of the intersectoral regulation of the institution of postponement of punishment, in this regard, a number of serious problems of legal regulation arose that affect the practice of applying the law and the implementation of criminal policy in relation to a particularly vulnerable category of citizens – persons suffering from serious illnesses. Comparative legal analysis and monitoring of the norms of criminal, criminal procedure and penitentiary laws allowed the author to identify gaps in the legislative regulation of the analyzed institution and raise the question of solving existing problems regarding the postponement of serving a sentence due to the convict's illness. | illness; legislation; other measures of criminal legal influence; execution of punishment; convicted person; postponement; serving a sentence. |