| № | Initials and surname of the autor (s) | Article title | Annotation | Keywords |
| 1 | Aytkazin Yerlan Maidanuly Ibragimova Flyura Galimovna | THE ROLE OF THE CONCILIATION COMMISSION IN RESOLVING LABOR DISPUTES | The article presents an overview of the conciliation commission as a tool of pre-trial settlement of individual labor disputes in Kazakhstan and the basics of its legal regulation.The authors have analysed the latest innovations introduced in the labor legislation regarding the activities of the commission. The relevance of the study is that despite the dramatic changes in the practice of consideration of individual labor disputes since the beginning of 2016, the vast majority of them are still resolved through the court. This situation can increas the risk of emergence and aggravation of social contradictions in society. The purpose of the study is to examine the effectiveness of the conciliation commission as a tool for resolving labor disputes, which will ultimately allow to identify ways to improve labor legislation in the framework of ensuring the protection of labor rights of the employee and the employer. The authors of the study attempted to identify the reasons for mistrust of participants in labor relations to the pre-trial settlement of individual labor disputes, on the basis of which they formulated theoretical and practical proposals aimed at increasing the importance of the conciliation commission in the resolution of labor disputes. The article concludes on the need for the accontable approach to the issue of creation and functioning of the conciliation commission from employers. | conciliation commission; individual labor dispute; worker; employer; labor relations; court; team; pre-trial settlement; mediation. |
| 2 | Alibekov Adil Eralyevich Bulatov Zhansen Baurzhanovich | ON SOME ISSUES OF THE APPLICATION OF THE INSTITUTE OF COMPENSATION FOR MORAL DAMAGE | In the article the authors touched upon the issue of application of legal acts of the Republic of Kazakhstan on the recovery of compensation for moral damage. In particular, they reflected the specific four reasons that exist today. Firstly, according to the authors, there is a lack of an exact nature and amount of compensation for moral damage, which does not always entail a fair solution, even with a similar situation. The second important aspect is the problem of proving the amount and grounds for collecting compensation. The third problem is the lack of an alternative and additional form of compensation. The fourth one is the incorrect interpretation of the concepts of «compensation» and «refunds» for moral damage. These circumstances negatively affect the application of existing norms, as a result of which the individual does not always achieve moral satisfaction and awareness of a sense of justice when making a court decision. The authors investigated this issue, identified problems, and suggested ways to solve them. | moral damage; refunds; compensation; amount of compensation; problem of proof; alternative forms of compensation; non-property rights and freedoms; moral and physical suffering. |
| 3 | Alibekova Assel Muratovna | SOME ASPECTS OF IMPROVING CRIMINAL LEGISLATION TO PROTECT THE RIGHTS AND FREEDOMS OF YOUNG CHILDREN | The protection of the rights and freedoms of young children by the norms of criminal law is one of the main directions of the criminal policy of the Republic of Kazakhstan. The article analyzes the norms of domestic legislation on the legal regulation of the status of young children and minors as a subject of criminal law and the victim. In the course of the conducted research, a comparative analysis of the degree of protection of the rights and freedoms of young children and minors by the norms of criminal legislation was carried out, the characteristics of persons of this category necessary for the qualification of criminal offenses were determined, the experience of some foreign countries in terms of establishing the age of persons brought to criminal responsibility was studied. The features of the criminal legal protection of minors under the legislation of the Republic of Kazakhstan are considered, based on the results of the analysis, conclusions and proposals aimed at improving the norms of criminal legislation to protect the interests of young children are formulated. | young children; minor; protection of rights and freedoms; criminal liability; the subject of a criminal offense; the victim; improvement of legislation; qualification. |
| 4 | Amerkhanov Ruslan Kumarbekkyzy Zhaniya | THE IMPORTANCE AND PROSPECTS OF THE DEVELOPMENT OF THE INSTITUTE OF MEDIATION IN CONFLICT RESOLUTION IN THE REPUBLIC OF KAZAKHSTAN | Today, conflicts and disputes go hand in hand with all spheres of public life, including family, commercial, civil and political. Conflict is an integral characteristic of an individual in any society, regardless of geographical, ethnic or religious origin. Therefore, it is noteworthy that despite all the achievements of the modern world, a person could not understand a consistent explanation of the conflict, much less an adequate method of its resolution and reconciliation. The reason for any negotiation or mediation process is a conflict. It is the conflict that is resolved with the help of intermediaries. Therefore, in the article, the authors emphasize the concept of conflict and its essence. Describing various ways of conflict resolution, the authors list the advantages of the mediation institute. They also propose further ways to develop mediation in Kazakhstan, taking into account the positive experience of foreign countries, paying special attention to the important role of mediation in resolving conflicts and disputes. | conflict; dispute; dispute resolution; mediation institute; mediator; mediation; negotiations; dialogue. |
| 5 | Anisimov Aleksey Pavlovich | THE LEGAL REGIME OF MEDICAL AND RECREATIONAL FACILITIES LOCALITIES AND RESORTS: QUESTIONS OF THEORY | The article examines the new edition of the Russian Federal Law «On natural healing resources, therapeutic areas and resorts». The new law provides answers to frequently asked questions related to the regime of use and protection of land plots within the boundaries of health-improving areas and resorts, but a number of problems still remain. The main issue is the correlation of different types of special ecological and legal regimes - specially protected territories and specially protected natural territories. In the Russian Federation, the regime of specially protected natural areas (especially in nature reserves) is considered the strictest, however, the current legislation contains no fewer prohibitions on the borders of resorts, which unreasonably impede economic and recreational activities. | health-improving area; resort; specially protected natural area; natural resource; national treasure; district of sanitary protection; natural resource law; semi-protected natural areas. |
| 6 | Balgozhina Maigul Egeubayevna Yerkebek Muhamedzhan Nurlybekuly | SOME ISSUES OF REPEATED THEFT OF LIVESTOCK IN CRIMINAL LEGISLATION OF THE REPUBLIC OF KAZAKHSTAN | The article is devoted to some issues of criminal liability for cases of repeated encroachments under Articles 188-1 of the Criminal Code of the Republic of Kazakhstan. According to the authors, the situation, taking into account the increased degree of public danger of repeated encroachments on property, is complicated due to the current structure of legal recidivism. Based on the categorical affiliation of the crime, a number of actual recidivism in very common acts remain outside the zone of appropriate special accounting. The researchers believe that a more thorough legislative accounting and differentiation of the parameters of criminal liability in cases of repeated and systematic attacks under Articles 188-1 of the Criminal Code of the Republic of Kazakhstan is necessary. To this end, it is advisable to return to the use of signs of special repetition and special recidivism of crimes, extending them exclusively to theft of other people's property and extortion included in Chapter 6 of the Criminal Code of the Republic of Kazakhstan (without special compositions of theft). In addition, as a particularly qualifying circumstance, art. 188-1 of the Criminal Code of the Republic of Kazakhstan it is necessary to provide for cases of cattle theft systematically or in the form of fishing. | cattle theft; embezzlement; criminal law; recidivism; encroachment; criminal fishing; qualifying sign; public danger. |
| 7 | Beisenbayeva Manshuk Toktarbekovna | ENVIRONMENTAL HUMAN RIGHTS IN KAZAKHSTAN BASED ON INTERNATIONAL DOCUMENTS | This article examines international documents adopted in different years as various problems related to violations of environmental human rights arise, and their implementation into the national law of Kazakhstan. The work establishes a direct correlation between environmental degradation and violation of natural human rights to life, health and other rights. Human activities that are negative for the environment can cause irreparable damage to the environment, which in turn can call into question the very existence of man on the planet. Based on international documents, the Constitution of the Republic of Kazakhstan also establishes human rights to a favorable environment, which are inalienable constitutional rights of citizens of Kazakhstan. In conclusion, the author came to the conclusion that it is necessary to adopt a special international document on environmental human rights. | ecology; declaration; UN; human rights; Constitution of the Republic of Kazakhstan; right to life; health; legislative acts. |
| 8 | Bekisheva Sabigul Dzhanabaevna Deykalo Elena Yurievna | HISTORY OF THE DEVELOPMENT OF RULES ON CRIMINAL LIABILITY FOR VIOLATIONS IN THE FIELD OF SUBSOIL USE | The article analyses the process of formation of rules on criminal liability for violations in the field of subsoil use in Kazakhstan. In the historical aspect the main sources of law regulating property rights to the subsoil and subsoil use, as well as accountability for their violations are considered. The interrelation between the norms on subsoil and subsoil use, and criminal law norms is traced, the influence of the socio-economic situation on the content and formation of the latter is established. Based on the analysis of the norms of the criminal and environmental legislation of the Republic of Kazakhstan, providing for liability for violation of the rules of protection and use of mineral resources, the continuity of legal sources in this area is considered. As a result, the features of the norms on criminal liability for violations in the field of subsoil use are highlighted, a periodization of their formation and development is developed, as well as proposals for correcting the norms of modern Kazakh criminal law. | criminal legislation; legal liability; subsoil; minerals; ownership of the subsoil; offence; violation of the rules of protection and use of the subsoil; unauthorized use of subsoil. |
| 9 | Jaxybayev Assanali Sapargalievich | THE ISSUES OF CONCILIATION PROCEEDINGS IN CRIMINAL PROCEEDINGS | The article discusses the issues of the use of the institute of conciliation proceedings. The rules, conditions, grounds, mechanism of concluding procedural agreements are investigated, legal consequences are studied and changes to improve this institution are proposed. The comparison of the procedural agreement on the admission of guilt with the institute of active repentance is carried out. The problems related to the proceedings in the conciliation proceedings in the courts of the first and second instances are raised. The issue of manipulations expressed in the use of the institute of conciliation proceedings by the pre-trial investigation bodies in order to achieve departmental indicators has been studied, proposals have been developed to exclude the possibility of their admission. Measures are proposed to exclude ambiguous formulations from the Criminal Procedure Code regulating the powers of the prosecutor when considering petitions for the conclusion of procedural agreements in the form of a transaction and a confession of guilt. | conciliation proceedings; guilty plea; cooperation agreement; electronic production; court proceedings; active repentance. |
| 10 | Yergalimova Akbope Tolysbayeva Aliya | CURRENT PROBLEMS OF ASSIGNING DISABILITY TO CHILDREN WITH HEARING IMPAIRMENT IN THE REPUBLIC OF KAZAKHSTAN | As in all countries of the world, the number of children with disabilities in the Republic of Kazakhstan is growing every year. A large category of people with disabilities is children with hearing impairments. As of 2019, 200 000 people with hearing impairments were registered in Kazakhstan, including 700 children who had congenital hearing impairments. The saddest thing is that the number of such children increases by 5% annually. One out of 1000 people born is born deaf, and by the age of one, their number increases several times. Children with hearing impairments do not receive early help from specialists due to the lack of necessary equipment and examination tools, and, in most cases, join the ranks of children with disabilities. Changing the conditions for transition to a disability group during the period of majority not only limits their rights to maintain and restore health, but is also the main cause of lifelong disability. The article discusses important conditions should be taken into account when assigning a disability to children with hearing impairment, the problems and consequences of not improving the mechanism for assigning them a disability, and suggests ways to solve them. | disabled child; disability; hearing; medical and social expertise; rehabilitation program; hearing aid; deafness; psychological disorder. |
| 11 | Zhizhis Stanislav Alfonsasovich | ACTIVE REPENTANCE: IMPLEMENTATION PROBLEMS | The article examines controversial issues about the elements that constitute active repentance as an integral basis for exemption from criminal liability under the criminal legislation of the Republic of Kazakhstan. It is noted that in the theory of criminal law there is no unity on the issues of mandatory exemption from criminal liability, the number of signs sufficient for the presence of active repentance in a person’s actions, which, in turn, negatively affects the effectiveness of this incentive norm. In this regard, the features of the legislative regulation of the institution of active repentance in the criminal legislation of foreign countries have been studied, and the specifics of the basis for exemption from criminal liability have been determined. In order to have a uniform understanding and prevent abuse of the incentive norm on active repentance, both on the part of suspects and on the part of law enforcement agencies, according to the author, it is necessary to more clearly legislate the elements of active repentance. Based on the results, proposals are made aimed at improving criminal legislation in this area. | criminal code; active repentance; exemption from criminal liability; legal technology; сonfession; sincere repentance; criminal offense; structural element. |
| 12 | Karipova Assel Yesenkeldyevna Zeynelgazy Alina Aydynovna | LEGAL ANALYSIS OF THE INTERNATIONAL INTEGRATION OF THE REPUBLIC OF KAZAKHSTAN WITH THE EAEU COUNTRIES IN THE ENERGY SPHERE | The purpose of the article is legal analysis of the international integration of Kazakhstan and the countries of the Eurasian Economic Union (EAEU) in the energy sector. The methodology is based on systematic and interdisciplinary approaches, the dialectical method of cognition, including general scientific and special scientific methods: historical and logical-legal. The legal framework for the integration of Kazakhstan in the international arena in the energy sector has been formed since 1991. The Institute of International Integration as a subject of separate research in economic, political and legal sciences dates back to the 60s of the last century. The authors of the article, noting the role of the main documents that determine the vector of development of the energy industry of the EAEU countries, such as the Treaty on the EAEU and other international treaties, as well as national legal acts that define the strategy for improving energy markets and international cooperation, come to the conclusion that it is necessary to adopt a comprehensive energy strategy for period 2030 to 2060, which should take into account the priority directions of the EAEU Development Strategy, the main tasks and goals for the further improvement and development of all sectors of the country’s national fuel and energy complex. | legal analysis; international integration; EAEU countries; energy sources; energy; fuel and energy complex; investments; strategy; planning; improving. |
| 13 | Karipova Assel Yesenkeldyevna | IN ADMINISTRATIVE PROCEEDINGS SELECTED FEATURES AND ISSUES OF NEGOTIATION PROCEDURES | This article considers specific features of administrative procedures and administrative legal proceedings in the application of the norms of the Administrative Procedure Code of the Republic of Kazakhstan dated June 29, 2020 for №350-VI-ZRC, enacted from July 01, 2021. The purpose of the article is to consider the features of administrative procedures, administrative proceedings and conciliation procedures in resolving public- law disputes under the Administrative Procedure Code, as well as to analyse certain issues of its application. During the research, general scientific and private scientific legal methods of cognition were used. With the introduction of the Administrative Procedure Code norms for state bodies to carry out both internal and external administrative procedures has been streamlined, as well as administrative proceedings for the resolution of public-law disputes with the participation of an administrative (state) body or its official have been separated. The article touches upon the problems of passive application of conciliation procedures at the initial stage when resolving public-law disputes by courts. At the same time, according to the authors, the introduction of the institute of administrative courts for consideration of administrative cases and public-law disputes should become an effective and efficient means of ensuring the protection of the rights and legitimate interests of citizens and legal entities. | public-law relations; administrative body; administrative procedure; administrative act; administrative proceedings; conciliation procedure; state body. |
| 14 | Kassenova Samal Omarbekovna | PROBLEMATIC ASPECTS OF INTERACTION OF THE INVESTIGATOR WITH THE LABOR INSPECTION WHILE IDENTIFYING VIOLATIONS OF LABOR SAFETY RULES | Violation of labor safety rules is a serious problem that requires attention and professional investigation. The article discusses the problematic aspects of the interaction of investigative bodies of law enforcement agencies with the labor inspectorate for the investigation of accidents and the identification of criminal violations of criminal violations in the field of labor protection of labor protection rules. The author analyses current practice and identifies key aspects that influence the effectiveness of the investigation and the prevention of similar incidents in the future. The focuses on such aspects as: roles and powers, coordination and exchange of information, transparency and openness, including access to information, possible obstacles in the investigation and further ways to improve the interaction of coordinating bodies. The article focuses on the importance of the joint work of investigative bodies and accident investigation commissions to ensure safety at work and prevent criminal violations of labor protection rules. The proposed recommendations will help eliminate existing problems and increase the efficiency of the investigation process. | special investigation; accident; labor protection; interaction; commission; labor inspection; injuries; safety. |
| 15 | Kemali Yerzhan Sagindykuly | ISSUES OF IMPROVING COOPERATION BETWEEN THE STATE AND NON-GOVERNMENTAL ORGANIZATIONS IN THE FIELD OF COUNTERING TERRORISM AND EXTREMISM | Currently the activity of civil society is manifested not only in the field of ensuring human rights, freedom of economic activity, youth and gender policy, religious and other spheres, but also in ensuring public safety. A special preventive role is assigned to non-governmental organisations in countering religious extremism and terrorism, since state enforcement measures without the active participation of citizens cannot fully effectively counter new challenges and threats. In this regard, the positive experience of the foreign countries most affected by terrorism, such as the USA, France, Germany, England, Austria, Israel, and the United Arab Emirates, is of particular interest. The authors of the article consider the issues of participation of the non-governmental sector of these countries in the prevention of religious extremism and terrorism. The article analyses the institutional foundations of interaction with the state, the forms and directions of their activities. The attention of the authors is focused on the specialisations of the activities of foreign non- governmental organisations related to providing assistance to victims of crimes, spreading experience, preventing radicalisation of the population and re-socialisation of convicted persons. | non-governmental sector; prevention of extremism and terrorism; countering terrorism; foreign experience; religious extremism; international terrorism; non-profit organizations. |
| 16 | Mukanov Malik Rsbaevich Bauyrzhan Urazalin | THE PROBLEM OF SELF-MUTILATION IN PLACES OF DETENTION: LEGAL AND ORGANIZATIONAL ASPECTS | The problem of committing self-harm by convicts in the penitentiary system today is not only one of the most pressing topics, but has also become one of the most common methods of convicts to disorganize the normal activities of institutions of the penitentiary system, which has already acquired a more modern form. According to the author, despite the purposeful work to bring the penitentiary system of Kazakhstan closer to international standards, as well as a significant decrease in the prison population, the continuing tendency of convicts to commit intentional harm to their health is alarming. At the same time, it is a well-established opinion that self-mutilation is a consequence of the commission of torture and inhuman treatment of convicts by the staff of institutions. However, an analysis of such parameters of committing self-mutilation among prisoners as the place of commission, method of commission, motives, time, etc., allows us to conclude that it is possible to reduce the risks of committing self-mutilation by improving the organization of supervision and criminalization of acts of self-mutilation. | self-mutilation; intentional harm to health; correctional institution; employee of the penal enforcement system; deviant behavior; autoaggressive act; legal requirement; the order of serving a sentence. |
| 17 | Raibayev Daulet Kumarbekovich Akhmadiev Askhat Bektursynovich | PERSONAL CHARACTERISTICS OF THE PERSONS WHO CREATED THE PYRAMID SCHEME | This article reveals the criminological characteristics of the personality of the criminal who created the financial pyramid and led it. According to the authors, the study of the criminal's personality is necessary to study all crime, its individual types, to clarify the causal complex, without which it is impossible to develop a system of effective counteraction measures. The article is devoted to the establishment of socio-psychological data of the person who committed the crime, in addition, the work presents data on the generalization of internal, socially determined causes of crimes in the field of economic activity, established and identified patterns that can characterize the personality of a criminal in this category of acts. The authors, based on the analysis of statistical data on economic crime, attempt to present a portrait of a modern Kazakhstani criminal. For researchers, it seems appropriate to determine the citizenship, gender characteristics, age category, and level of education of offenders. According to the authors, the resulting «portrait» of the criminal who committed the act provided for in Article 217 of the Criminal Code of the Republic of Kazakhstan «Creation and management of a financial (investment) pyramid» correlates with previously conducted criminological studies, which indicates the presence of certain universal signs of these persons. | pyramid scheme; criminal; criminology; economics; crime; convict; behavior; criminal case. |
| 18 | Sadykov Mukhtar Сидат Чандима Гаджанайка | THE USE OF ARTIFICIAL INTELLIGENCE IN LAW ENFORCEMENT ACTIVITY | Abstract. The article presents the results of a study on the use of artificial intelligence in the field of law enforcement, such as facial recognition, crime forecasting, reduction of paperwork, intelligent exchange of knowledge about incidents, assistance in investigating crimes using artificial intelligence algorithms, as well as increasing the efficiency of training and education of law enforcement officers in various organs of the State. At the same time, artificial intelligence in its use in law enforcement activities also carries risks similar to a double-edged sword. Risks in this regard include biased decision-making, privacy concerns, over-reliance on technology, the potential for misinterpretation, security vulnerabilities, job displacement, accountability, and transparency, the potential for abuse, erosion of trust, and legal and ethical implications. Ethical and legal considerations in the synergy of AI and law enforcement have been highlighted, focusing on aspects like bias and discrimination, privacy concerns, accountability and transparency, informed consent. In conclusion, it is noted that although the promise of AI in law enforcement is promising, the risks associated with it require careful consideration, regulation, and oversight. | artificial intelligence; law enforcement; risks; opportunities; ethics; privacy; bias; technology; information. |
| 19 | Serdalinov Kurganbek Magzhanovich Daulet Almasovich Ryskulov | TOPICAL ISSUES OF IMPROVEMENT OF THE INSTITUTE OF PROCEDURAL PROSECUTORS IN THE REPUBLIC OF KAZAKHSTAN | The article examines the institution of a procedural prosecutor in the Criminal Procedure Code of the Republic of Kazakhstan, introduced in 2014. The main focus is on combining the functions of the prosecutor overseeing the legality of criminal prosecution and the public prosecutor in the court of first instance. The work draws analogies with the traditional practice of pre-trial proceedings in Soviet times, where the prosecutor supervised, but did not have the functions of the prosecution. The article also compares the models of organization of prosecutor's offices in the countries of the European Union, emphasizing the differences in their functional responsibilities and powers. The recommendations of the Committee of Ministers of the Council of Europe on the role of the Prosecutor's Office in the criminal justice system are considered in the context of ensuring legal protection and the effectiveness of pre-trial proceedings. The author emphasises that the European experience has been integrated into the criminal procedure legislation of the Republic of Kazakhstan, based on the best practices of Germany in the field of prosecutorial activity. | procedural prosecutor; procedural management; criminal procedure; law enforcement agencies; pre-trial investigation; prosecutorial supervision; judicial control; powers of the prosecutor; criminal prosecution. |
| 20 | Suleimanova Galiya Zhanabekovna Sakhanova Nelly Talapovna | LAWYER FUNCTIONS IN THE ADVERSARIAL PROCESS PERSPECTIVE AT THE PRESENT STAGE OF STATE DEVELOPMENT | Within the study the authors consider it suitable to focus on the implementation of the defense function by a professional lawyer, since it is this participant in criminal procedural relations who bears the main burden in the adversarial process. In the implementation of the constitutional rights of citizens to protection, a number of regulatory decisions of the Supreme court, amendments and additions to the criminal procedure legislation, a number of by-laws were adopted in this matter, including the Law on advocacy itself, which also covered the concept of legal assistance. Based on these legal sources, taking into account the latest changes in criminal procedure legislation (introduction of articles 210-1 of the Criminal Procedure Code of the Republic of Kazakhstan and others) an analysis of the scope of procedural rights granted to a defense lawyer and a representative lawyer was carried out to make sure that the latter's rights are significantly limited compared to the rights of a lawyer providing such assistance to a suspect and an accused, that is, there is an asymmetry in the procedural position of the defender and representative, as well as the witness's lawyer. As a result, the authors made proposals to amend articles 68, 69 and 70 of the Criminal Procedure Code of the Republic of Kazakhstan. | advocacy activities; defender; competitiveness; equality of the parties; lawyer-representative; witness; victim; evidence. |
| 21 | Suleimen Ardak Kuatuly | PROBLEMS OF LEGAL REGULATION OF STIMULATING POSITIVE BEHAVIOR OF PERSONS SENTENCED TO IMPRISONMENT IN THE REPUBLIC OF KAZAKHSTAN | The article highlights the process of assessing the behavioral orientation of prisoners to personalise their punitive measures The author conducted an analysis of the current criminal-executive legislation of the Republic of Kazakhstan, identifying conflicts that hinder the incarcerated individuals' endeavors to autonomously and positively shape their reputation throughout the duration of their imprisonment. The author contends that prevailing legal gaps put prisoners to an undue dependence, compelling them to foster conditions conducive to corruption to secure favorable treatment from the institution's administration. Based on the results of the analysis, the author has developed proposals for improving the current Criminal Executive Code of the Republic of Kazakhstan and by-laws by specifying provisions regarding the assignment of positive degrees of behavior to convicts. | penitentiary system; behavior of convict; individualization of punishment; prisoner; educational work; prison administration; dependent status; isolation. |
| 22 | Tairova Guimira Murodjonovna | FEATURES OF THE FIGHT AGAINST CRIME IN THE ISLAMIC SHARIA | Abstract. The article aims at revealing the features of the fight against crime in the Islamic Sharia (law). In particular, it provides an analytical description of the concepts of crime and punishment in accordance with Sharia, types of crimes and punishments proportional to them, to hadd as a special type of punishment, compensation for murder and bodily injury of a person. At the same time, the essence of proof and evidence is revealed as a special type of evidence when considering criminal cases by judges. Additionally attention is paid to the institution of judging and the requirements for judges according to the Islamic Sharia. It is emphasised that the Islamic model of combating crime is a national historical model that operated on the territory of Central Asia during the VIII-XIX centuries. | islam; sharia; crime; murder; «had» (punishment); «diya» (compensation); proofs; testimony; kazi. |
| 23 | Tebayev Didar Bolatovich | THE CONCEPTS OF CONSTITUTIONAL LEGAL STATUS AND COMPETENCE OF THE HEAD OF STATE | The article discusses different points of view on the constitutional legal status and competence of the subject of law and its content. The author notes that the constitutional and legal status as a legal phenomenon has its own legal structure. On the scientific community, there are different options for combining elements of the constitutional legal status of the subject of law including the legal status of the head of the state. The subject of the study is the legal acts of the Republic of Kazakhstan, the legal norms formulated in them and the practice of their implementation, software documents, scientific ideas about the constitutional legal status and the competence of the subject of law, including the institution of the head of state, about the elements of the constitutional status of the head of state, the concepts of legal status and institute. The goals of the study are the identification of problems in the conceptual apparatus and the legal structure of the constitutional legal status and the competence of the head of the state and the development of proposals for their decision. In conclusion, an assessment of a possible threat in case of changing the legal structure of the constitutional and legal status of the head of state was given. | President; head of State; competence; status; institution; legal status; law and obligations; responsibility. |
| 24 | Tolysbayeva Aliya Dyusenovna – | PREVENTION OF DOMESTIC VIOLENCE THROUGH RAISING THE LEGAL CULTURE OF THE POPULATION | The article reveals the causes and conditions of domestic violence in the country, that consist of the low level of legal awareness, gender inequality, the predominance of economic power of a man over a woman. These reasons are inherent not only in post-Soviet countries, but also abroad. A major role in the prevention of domestic violence is seen in improving the legal culture not only of the subject of illegal behavior, but also of victims, who most often are women, the elderly people and children. Raising and strengthening of legal culture, as well as the metamorphosis of legal consciousness of each members of society remains the most relevant issues in terms of further development and formation for any developed society. It is these two factors that will significantly effect the evolution of Kazakhstan's society and its citizens in a positive way in the future. In order to achieve it, the main task of the state bodies and institutions is to determine the effectiveness of preventive measures that are developed, implemented and used to protect the basic unit of society – the family. These measures should be developed taking into account the general and individual aspects of prevention, which should significantly strengthen legal education in general and legal culture in particular. | victimology; domestic violence; legal consciousness; legal culture; victim of violence; family and domestic relations; education; law-abiding behavior. |