| № | Initials and surname of the autor (s) | Article title | Annotation | Keywords |
| 1 | Ablaeva Elvira Bekbolatovna Utanov Mukhtarhan Aidarkhanovich | PROBLEMS OF REALIZATION OF REPRODUCTIVE RIGHTS AND FREEDOMS BY CITIZENS OF THE REPUBLIC OF KAZAKHSTAN | The presented scientific article is devoted to the analysis and solution of the problems of realization of the constitutional right of citizens of Kazakhstan to the protection of reproductive health, including the treatment or overcoming of infertility using assisted reproductive methods and technologies permitted in the Republic of Kazakhstan. The authors examine legislation and law enforcement practice in the field of reproductive health, healthcare, medical care in the system of compulsory social health insurance, the use of assisted reproductive methods and technologies, protection of the rights and interests of the family. A comprehensive and in-depth analysis of legislation and law enforcement practice allowed the authors to identify serious problems that prevent Kazakhstani citizens and families from exercising their reproductive rights to treatment or overcoming infertility through the use of assisted reproductive methods and technologies, including using funds from the Compulsory Social Health Insurance Fund as insured participants in the compulsory social health insurance system. At the end of the work, the authors give recommendations on improving Kazakhstan's legislation and law enforcement practice in the field of legal relations under consideration. | reproductive rights; protection of reproductive health; reproductive medicine; assisted reproductive method; artificial insemination; infertility; surrogacy; medical insurance |
| 2 | Aytkazin Yerlan Maidanuly Amirova Meruyert Askarovna | LEGAL REGULATION OF PROFESSIONAL LIABILITY INSURANCE OF MEDICAL WORKERS IN THE REPUBLIC OF KAZAKHSTAN: ANALYSIS OF THE CURRENT SITUATION | The article discusses the legal foundations of the system of professional liability insurance for medical workers in the Republic of Kazakhstan and evaluates the practical application of insurance mechanisms. Particular attention is given to legislative initiatives and regulations governing the compulsory insurance of professional liability for medical workers, as well as to identifying problems and shortcomings within the current system. The mechanisms of professional risk insurance, the role of insurance companies, and the involvement of medical institutions in ensuring the protection of the rights of both patients and doctors are examined in detail. The authors analyze existing gaps in legal regulation that may affect the effectiveness of the system and present proposals for improving legislation to enhance the level of legal protection for medical professionals and patients. International practices in the field of health insurance, which may offer useful insights for adapting the system in Kazakhstan, are also considered. The article concludes that improvements are necessary. | medical care; medical professional; liability; insurance; patient; doctor; medical organization; insurance contract |
| 3 | Amerkhanov Ruslan Janseitova Maral | FEATURES OF AN ADMINISTRATIVE FINE AS A LEGAL LIABILITY IN THE REPUBLIC OF KAZAKHSTAN | In the article, the authors consider an administrative fine as a type of liability and its features in the legislation of the Republic of Kazakhstan. When analyzing the legislation of the Republic of Kazakhstan regarding administrative fines, regulatory legal acts were studied that affect the imposition of an administrative fine and create conflicting legal issues. The need to study issues related to an administrative fine is of particular relevance from both a legal and economic point of view. Among other things, issues related to the consideration of an administrative fine are of particular importance in conjunction with corruption offenses. This relationship is due to the fact that an administrative fine as part of administrative legislation covers a large number of offenses and is also a preventive measure for misdemeanors and crimes. The authors in the article also suggest ways to solve existing problems related to an administrative fine, the implementation of which can reduce the number of corruption offenses in many areas of public activity. | administrative responsibility; administrative punishment; analogy; monetary punishment; administrative fine; discretion; offense; legal culture |
| 4 | Akhmetov Yerik Bulatovich Imambayeva Gaisha Yertaevna | THE LINK BETWEEN THE PRINCIPLES OF LEGALITY, JUSTICE AND THE ACTIVE ROLE OF THE COURT IN ADMINISTRATIVE PROCEEDINGS OF THE REPUBLIC OF KAZAKHSTAN | The article examines in detail the importance and role of legal principles in administrative justice in the Republic of Kazakhstan. Examining the models of transition of the countries of the former USSR to the administrative justice system and the specifics of its implementation in Kazakhstan, the authors focus on the legal consolidation of the principles of legality and fairness in the Administrative Procedural Code of the Republic of Kazakhstan. A systematic analysis of the need to apply the principle of justice along with the principle of legality formed the methodological basis of the article. Administrative legal proceedings allow for judicial protection of citizens' rights and freedoms. It should be noted that due to inadequate control, there is a risk of violation of the rights and freedoms of citizens. We believe that administrative justice is a form of protection of citizens' rights. This article analyzes the process of development of the institute of administrative justice in the Republic of Kazakhstan. | legal principle; legality; fairness; administrative justice; administrative procedure; rule; competition; administrative court |
| 5 | Ashirbekov Marat Yerkenovich Zhaxylykov Ruslan Adilbekovich | CRIMINOLOGICAL CHARACTERISTICS OF UNAUTHORIZED LAND SEIZURES AND ILLEGAL SALE IN KAZAKHSTAN AND CIS COUNTRIES | The article examines the criminological aspects of the unauthorized seizure of land and its illegal sale in the Republic of Kazakhstan and the countries of the Commonwealth of Independent States. The social, economic and legal causes of these crimes, their characteristic features, as well as possible consequences for society are analyzed. Proposals have been developed for the prevention of these crimes and the improvement of criminal legislation in Kazakhstan. The measures of law enforcement practice aimed at preventing and suppressing these acts are considered. Special attention is paid to the legislative differences and similarities between the Commonwealth of Independent States countries and Kazakhstan in terms of criminal and administrative liability. Along with this, the issues of food security in the world that arise against the background of irrational use and unauthorized land grabs are considered. | land; unauthorized seizure; illegal sale; offense; state; construction; corruption; document |
| 6 | Yessentemirova Aigul Maratovna Abdybayeva Aruzhan Asanovna | EXPANDING THE AUTONOMY OF HIGHER AND POSTGRADUATE EDUCATION ORGANIZATIONS BY IMPROVING THE LEGAL FRAMEWORK FOR THE FUNCTIONING OF THE ENDOWMENT FUND | The article discusses the issues of establishing and managing endowment funds in Kazakhstan. Leading universities in developed countries widely use such funds to ensure long-term financial stability and innovative development. However, the absence of an appropriate legal framework in Kazakhstan limits their potential utilization. The study proposes legislative measures to secure the financial stability of scientific and educational institutions. Developing a specialized law will attract investments, implement long-term development strategies, and enhance the resilience of universities. The proposed measures aim to ensure effective fund management, investment protection, and operational transparency. The research results highlight the significance of endowment funds for Kazakhstan and their role in improving the competitiveness of the national education system. | endowment fund; development; investment; legislation; education system; financial sustainability; strategy; higher education; transparency |
| 7 | Zhandykeyeva Gulnar Esenbekovna Abubakirova Gulnur Muratbekkizi | LEGAL MECHANISMS OF ASSET FORFEITURE AND RECOVERY IN THE PEOPLE'S REPUBLIC OF CHINA: ANALYSIS OF EXPERIENCE AND PROSPECTS FOR APPLICATION IN KAZAKHSTAN | The article is devoted to the study of the PRC legal system in the field of confiscation and mechanism of return of illegally acquired assets. The article examines the modern legal framework, including the provisions of the Criminal Code and Criminal Procedure Code, as well as the practice of their application in the fight against corruption and economic crimes. The research focuses on the Quanfang method, which is an innovative model that encourages offenders to cooperate voluntarily with law enforcement authorities to expedite asset recovery procedures. The Quanfang method combines elements of criminal procedure and international cooperation, demonstrating high efficiency. The research article emphasizes the benefits of this approach, including reduced time and cost, simplified evidentiary procedures, and reduced burden on the judicial system. However, the article identifies shortcomings such as the limited application of civil law mechanisms and the need to modernize evidentiary standards, which requires further improvement of the PRC legal framework. The article focuses on the possibility of adapting effective PRC practices to improve Kazakhstan's legislation, which contributes to strengthening the national legal system and increasing confidence in state institutions. | confiscation; return; assets; legal system; legislation; international cooperation; repatriation; quanfang |
| 8 | Zhaskairat Mira | THE MEDIATION IN THE NOTARIAL ACTIVITIES | The article is devoted to the study of mediation as an alternative method of dispute resolution in notary activity. The notary office, which has a special legal nature and operates in our state, as in many other countries, on the basis of common principles and standards, performs the function of a regulator of private law relations and therefore is able not only to draw attention to mediation, but also to play the role of an activator of mediation procedures. Mediation as a subject of notary's powers is widespread in the countries of the Latin notary, which defines the main function of a notary as giving authentic character to private agreements, special evidentiary and executive force, and protection of public interest. The role of a notary largely complements the functions of a mediator and can be used to bring the positions of the parties closer through their trust in the mediation procedure itself. | conflict; mediation technologies; conciliation procedure; mediation; intermediation; negotiations; mediator; latin notary; notary; mediation agreement |
| 9 | Zhusupbekova Madina Koishibaevna Junusbayeva Madina Kaldarbekovna | LEGAL ISSUES OF ENVIRONMENTAL PROTECTION OF THE CASPIAN SEA | This study is devoted to the environmental problems of the Caspian region from the point of view of the development of international law. The article is devoted to the legal issues of protecting a unique reservoir – the Caspian Sea, which has special physical, geographical and socio-economic characteristics. That is, the article describes modern problems of legal regulation of environmental protection of the Caspian region, including mechanisms for protecting the environment of the Caspian Sea at the international and national levels. Currently, the protection of the Caspian Sea ecosystem is relevant, since this water area is closed and experiences a high anthropogenic load. Of course, intensive offshore production of hydrocarbon resources often leads to large-scale pollution, which causes significant damage to unique species of fauna, including sturgeon, which are of great commercial importance. The effectiveness of pollution control measures is due to the insufficient international legal framework for coordinating the actions of the Caspian littoral states. In the article, the authors study a number of legal acts and conventions that determine the legal regulation of the Caspian Sea, and give their recommendations. The authors also dwelled on the Convention “On the Legal Status of the Caspian Sea” and compared it with other international documents. | Fauna; ecosystem protection; Caspian Sea; pollution; biological diversity; control measure; convention; hydrocarbon resource |
| 10 | Imangaliyev Nurtai Konysbaevich Kaliev Askar Kadyrovich | LEGAL LITERACY AND DIGITAL PREVENTION OF OFFENSES: SHAPING THE CONCEPT OF A “SEEING STATE” IN THE REPUBLIC OF KAZAKHSTAN | The article is devoted to the study of civil society participation in crime prevention, with an emphasis on international experience. The authors analyze legislative initiatives and practices aimed at increasing legal literacy and involving the public in maintaining law and order. Examples of digital technologies used in different countries to increase the effectiveness of preventive measures are considered, including video recording and applications for reporting offenses. Special attention is paid to the legal aspects of applying such technologies and the prospects for their implementation in Kazakhstan. The authors proposes a transition to the concept of a “seeing state”, actively involving citizens in the process, including through the use of technologies for video recording of administrative offenses. The necessity of developing appropriate software, possibly based on public-private partnership, is noted. The authors believes that the implementation of such initiatives, supported by international experience (China, South Korea, USA, Russia), will contribute to the inevitability of punishment, strengthen law and order, security, and develop a legal state, forming mutual responsibility of the individual and the state. | state; society; legality; offense; prevention; public order; law and order; security; police |
| 11 | Makhanov Talgat Gabitovich Jumabekov Azamat Maratovich | KAZAKHSTAN'S BILATERAL COOPERATION WITH FOREIGN COUNTRIES ON COLLECTING EVIDENCE AND RETURNING ILLEGALLY WITHDRAWN ASSETS AS A TARGET FACTOR IN COMBATING CORRUPTION | The article discusses modern international mechanisms for the return of stolen assets, obtained through corruption, as well as Kazakhstan's participation in this process. The article analyzes bilateral agreements on mutual legal assistance in criminal matters, including measures such as collection of evidence, identification of criminal proceeds, their arrest and subsequent confiscation. A comparative analysis of Kazakhstan's treaties with the United States, Great Britain, South Korea and India has been carried out, and differences in the scope of legal assistance, the procedure for confiscation and protection of the rights of third parties have been identified. The article highlights the practice of successful asset recovery, including through cooperation with international organizations and the use of unofficial communication channels. It is concluded that interaction with foreign law enforcement agencies through unofficial channels (such as CARIN, Egmont, ARIN-AP, etc.) increases the responsiveness to asset recovery. The importance of improving national legislation and international cooperation to increase the effectiveness of combating corruption and financial crimes was noted. | asset recovery; laundering; crime; corruption; cooperation; interaction; contract; legal assistance; criminal case; evidence; confiscation; information exchange |
| 12 | Mukanov Daniyar Zhumagatovich Amurtaeva Dinara Talgatovna | ON THE STATE OF VIOLENT CRIME IN THE ARMY | The article analyzes the level, structure and dynamics of crime in the military. Based on statistical data and criminological research, the main trends and patterns characterizing criminal offenses committed by military personnel are identified. Special attention is paid to the study of the structure of military criminal offenses related to the use of violence (resisting a superior or forcing him to violate official duties, violent acts against a subordinate or superior, violation of the statutory rules of relations between military personnel in the absence of subordination relations between them, abuse of power). The dynamics of these criminal offenses for the period from 2015 to 2024 is investigated, and the factors influencing its change are identified. Also, based on the analysis of statistical data and personality characteristics, a criminological portrait of a criminal serviceman has been compiled. | military service; army; military personnel; criminology; crime structure; violent acts; irregular relationships; preventive work |
| 13 | Mukanov Malik Rsbaevich Shayakhmetov Shakir Shamilevich | DYNAMIC SECURITY: HOW AI TECHNOLOGIES AND CHIPPING ARE CHANGING APPROACHES TO SECURITY IN KAZAKHSTAN'S PENITENTIARY INSTITUTIONS | The article considers the impact of artificial intelligence and chipping technologies on the dynamic security of penal institutions of Kazakhstan. Current approaches to security are examined, with a focus on the use of artificial intelligence to monitor and analyze prisoner behavior, as well as the introduction of chipping for identification and movement tracking. The benefits of these technologies, such as increased security and responsiveness to incidents, as well as possible risks, including privacy and ethical issues, are discussed. It concludes by emphasizing the need for a balanced approach to technology deployment that takes into account both security and human rights. This requires, first and foremost, the development of an appropriate legal and regulatory framework for the implementation of an integrated approach to improving security and monitoring, which involves the use of artificial intelligence and chipping. | dynamic security; video surveillance; artificial intelligence; Republic of Kazakhstan; security; penal system; digitalization; chipping |
| 14 | Mukasheva Anor Abaikhankyzy Bolatbekova Inkar Kuatkyzy | CLASSIFICATION OF ANIMALS AS SOURCES OF INCREASED DANGER: GROUNDS AND CONSEQUENCES | The present article is devoted to the theoretical and law enforcement aspects of recognizing animals as sources of increased danger. The article discusses the ambiguous interpretation of the concept of “source of increased danger” and the problems of classifying wild and domestic animals as sources of increased danger. The analysis of foreign and national legislation, as well as judicial practice of the Republic of Kazakhstan on the topic of scientific research is carried out. As a result, the problems and discrepancies of national legislation are highlighted and specific proposals are made to improve the norms of modern Kazakh law. The paper also focuses on the need to unify the legal approach and formalize the criteria for the legal assessment of an animal as a dangerous object. The expediency of introducing liability insurance for owners and systems of state control over the maintenance of such animals is substantiated. The article may be of interest to lawyers in the field of civil and other branches of law, animal rights activists and persons directly related to animals potentially falling under the concept of a source of increased danger. | source of increased danger; wild animal; domestic animal; public safety; harm; object; action; responsibility |
| 15 | Myrzabayev Nurlanali Koshkarovich Kuranbek Zhebegen Abayuly | CURRENT STATE AND FEATURES TRAFFICKING OF MINORS IN THE REPUBLIC OF KAZAKHSTAN | The article examines the current state and specific features of trafficking in minors in the Republic of Kazakhstan, as well as the legal and practical measures to combat this crime. The authors analyze existing legislation concerning trafficking in minors and emphasize the role of law enforcement agencies in countering such offenses. The aim of this study is to identify problematic aspects of trafficking in minors and propose effective solutions for prevention and combating these crimes. The authors suggest improving legislation and applying modern technologies to strengthen preventive measures. This article may interest scholars, practitioners in child protection, and a broad readership. | trafficking in minors; criminal law measure; exploitation; newborn; мicrochipping; countering a crime |
| 16 | Nubaeva Gulmira Galymovna Serdalinov Kurganbek Magzhanovich | IMPROVING THE INSTITUTION OF RECONCILIATION OF THE PARTIES AT THE STAGE OF PRE-TRIAL PROCEEDINGS IN THE CRIMINAL PROCESS OF KAZAKHSTAN | The article is devoted to the analysis of the institution of reconciliation of the parties in the criminal process of the Republic of Kazakhstan at the stage of pre-trial investigation. The Criminal Procedure Code of Kazakhstan provides grounds for termination of criminal proceedings against suspects and accused, among which reconciliation of the parties occupies a special place. This institution plays an important role in humanizing criminal policy and reducing the level of repression, ensuring victims' rights to compensation and reducing the burden on the judicial system. The historical development of reconciliation in Kazakhstan dates back to Kazakh customary law and continues to evolve through changes in legislation, starting with the Criminal Code of the Kazakh SSR of 1959 and up to the present. Modern criminal legislation of Kazakhstan reflects international experience, but retains its national characteristics. The article uses a comparative legal method, using statistical data on the termination of criminal cases over the past five years (2020-2024). The author analyzes the advantages and disadvantages of the reconciliation institute, suggests ways to improve its legal mechanism, and considers foreign models that can be adapted to the Kazakh legal system. | termination of a criminal case; non-rehabilitating grounds; institution (procedure) of reconciliation; pre-trial investigation; statistics; accused; victim; compensation for harm; amount of damage; reconciliation procedure; mediation |
| 17 | Ormanova Sholpan Sherekhanovna Mytalyapova Ayman Sherekhanovna | THE RIGHT TO HEALTH CARE IN THE SYSTEM OF CONSTITUTIONAL RIGHTS OF CITIZENS | The right to health protection is the basis for other human rights and freedoms. The emergence of health care today not only as a social problem, but also as a constitutional and legal category, gives the study special significance. The purpose of the work is to analyze the place of the right to health protection in the system of constitutional rights of citizens, to identify its relationship with other fundamental rights, as well as to establish its content and constitutional and legal characteristics. The object of the study is public relations related to ensuring the right of citizens to health protection. The subject of the study is its relationship and interaction with other constitutional rights, such as the right to life, social security and a favorable environment. The study is methodologically based on the consideration of the norms of national and international law, on the use of the works of foreign and domestic authors and documents of international organizations as a theoretical basis. The authors came to the conclusion about the need to send an appeal to the Constitutional Court of the Republic of Kazakhstan to develop an official interpretation of Article 29 of the Constitution and a normative and legal explanation of the meaning and content of constitutional norms related to health protection issues. | Constitution of the Republic of Kazakhstan; constitutional rights; healthcare system; right to health; right to health care; social state; medical care; healthcare regulation |
| 18 | Prokopova Anna Alekseevna | CONSTRUCTION OF DEBRIS DISTRIBUTION SCHEMES AT AIRCRAFT CRASH SITES: GUIDELINES AND PRACTICAL IMPLEMENTATION | The article is devoted to the methodology of creating diagrams of the debris field of an aircraft at the crash site, as a key method for recording objects and documenting traces during the investigation of aviation incidents. The author provides a detailed description of the preparation and construction stages of such diagrams, including the selection of scale, application of a coordinate grid, methods for measuring distances, and recording the positions of components using GPS devices. The article examines specific features of diagram construction in cases of aircraft destruction both in-flight and upon ground impact, emphasizing the importance of accurately marking each element for subsequent analysis. Recommendations are given regarding measurement tools, the formal layout of diagrams, and their role in official investigation reports. The study highlights the critical significance of visual documentation of debris for determining the causes and sequence of aircraft destruction. | aviation incident; debris field diagram; sketches; aircraft wreckage; trace recording; coordinate grid; GPS; documentation; investigation |
| 19 | Rakhimov Nurgali Saginayev Kuantay Esenovich | FREEDOM OF SPEECH IN THE CONTEXT OF COMBATING EXTREMISM: LEGAL LIMITS AND THE PROBLEM OF IMPLEMENTATION | The article is devoted to the issues of defining a legally guaranteed framework for the implementation of freedom of speech and creativity in the context of combating extremist information material. In the course of the research, the role, significance, content and exceptional conditions of limitation of the democratic principle under consideration are consistently revealed from the perspective of the main international legal acts and legislation of the Republic of Kazakhstan. The authors conclude that the legal boundaries of the exercise of freedom of speech and creativity are legislative restrictions for the protection of private (secret of adoption, privacy, commercial secrets, etc.) and public interests (state, society, social groups). In addition, an opinion was expressed on the problem of different approaches of individual countries to the assessment of protests and creative works of a provocative and offensive nature, affecting the national and religious feelings of a certain part of the population. | extremism; freedom of speech and creativity; destructive; radical; information; dissemination of information; legislative restriction |
| 20 | Rasheva Gulnur Koishynovna Aigarinova Gulnar Tuleukhadirovna | PROBLEMS OF LEGAL REGULATION OF INFORMATION ON AGRICULTURAL LAND IN THE CONTEXT OF DIGITAL TRANSFORMATION | This study presents an analysis of the problems of legal regulation of information related to agricultural land in the context of digital transformation processes. The research is based on the study of scientific works of both domestic and foreign researchers in this area, as well as on the analysis of practices used in foreign countries in the field of digitalisation of legal regulation of information on agricultural land. The article emphasises the increasing importance of optimising the use of land resources and improving the management of agrarian production with the use of modern digital systems. The authors propose the development of an interactive map designed to optimise the processes of agricultural land use, which will contribute to improving the efficiency of their rational use. The purpose of the study is to identify possible ways to improve the regulatory and legal regulation of information on land plots intended for agricultural use in the conditions of digital transformation. | agriculture; land plot; functional interactive map; digital platform; land information; agricultural land; soil protection |
| 21 | Seilkhanov Zhanat Duisenbaevich Dulatbekov Nurlan Orynbasarovich | THE SPECIFICS OF THE QUALIFICATION OF ECONOMIC SMUGGLING, TAKING INTO ACCOUNT THE LATEST CHANGES IN THE LEGISLATION OF THE REPUBLIC OF KAZAKHSTAN | This scientific article discusses several issues related to the qualification of economic smuggling, taking into account the updated version of Article 234 of the Criminal Code. Analyze the theoretical and practical gaps in crimes related to economic smuggling. The authors also conducted a study of the details of the legal regulation of the illegal movement of goods and other items across the customs border of the Eurasian Economic Union. The article discusses some issues related to the theoretical and practical features of the qualification of this crime, recent amendments and additions to the laws. At the same time, when investigating economic smuggling, we will say that it will be ensured not only by proper qualifications, the application of criminal norms, but also by strict observance of the Criminal Procedure Code. The article takes into account the components and signs of economic smuggling and legislative norms, as well as established expert, investigative and judicial practice, and shows some issues related to this point of view. Studying this article, the author suggests ways to solve the identified problem. | Eurasian Economic Union; state; border; security; customs; declaration; goods; customs procedure; international transportation; criminal group; composition of a criminal offense; official; large size |
| 22 | Suyunova Dilbar Joldasbaevna | APPLICATION OF A PREVENTIVE MEASURE IN THE FORM OF DETENTION IN CUSTODIAL COURT IN RELATION TO THE DEFENDANT (COMPARATIVE LEGAL ANALYSIS OF THE LEGISLATION OF UZBEKISTAN AND KAZAKHSTAN) | The criminal procedure legislation of the Commonwealth of Independent States regulates the procedure for applying a preventive measure in the form of detention at the stage of transferring a criminal case to court. Some issues of limiting the guaranteed constitutional rights of citizens to freedom are interpreted differently in the procedural codes of Uzbekistan and Kazakhstan. The author conducted a comparative study of the criminal procedure legislation of the aforementioned countries regarding the observance of the defendant's right to change the preventive measure in the form of detention when transferring a criminal case to the court of first instance, and proposed a solution and specific proposals to ensure the right of citizens to freedom. | arrest warrant; guarantee of the right to freedom; prosecutor; court; terms of detention |
| 23 | Tukenova Zhanar | VICTIM’S CONSENT TO HARM AS A CIRCUMSTANCE OF DIFFERENTIATION OF CRIMINAL LIABILITY AND PUNISHMENT | This article discusses issues related to the the impact on the criminal liability of a victim’s consent to harm her personal non-property rights, in particular the right to life and health. The article considers the legal consequences of consent of the victim to acts that may be qualified as criminal, with an analysis of judicial practice when such consent has an impact on the gravity of the wrongful act or eliminates the crime. The author explores existing gaps in legal practice, emphasizing the importance of taking into account the public danger of the act and the individual rights of the victim. The influence of social and ethical norms, as well as international experience on approaches to issues of consent and criminal responsibility is analyzed. As a result of the scientific research, problematic issues of differentiation of criminal liability taking into account the victim’s position were identified and proposals for regulating the questions of victim consent in criminal law were developed. | taking of risk; victim’s request; consent; murder; immorality; criminal liability; mitigating circumstance; compassion |
| 24 | Tursunbekov Sanzhar Talgatovich Aidarbayev Sagyngaliy Zholamanovich | LEGAL BASIS FOR THE RETURN OF ILLEGALLY ISSUED ASSETS TO THE STATE: THE EXPERIENCE OF THE EU AND THE COUNCIL OF EUROPE | The authors consider the legal aspects of the return of illegally withdrawn assets to the state in some regional international organizations. The article is devoted to the analysis of the international experience of the return of illegally withdrawn assets with an emphasis on its possible borrowing into the legislation of the Republic of Kazakhstan. The relevance of the topic is due to the need to improve Kazakhstan's anti-corruption policy, especially after the adoption of the Law “On the return of illegally acquired assets to the state” dated July 12, 2023, as well as the global challenge of transnational crime. The authors analyze the legal and institutional approaches developed by the European Union (EU) and the Council of Europe (CoE), including mechanisms for confiscation and international cooperation. The novelty of the study lies in a detailed legal analysis of the internal legal acts of the EU and international treaties adopted within the framework of the Council of Europe regulating asset recovery activities. The results highlight the importance of specialized structures and harmonization of procedures to accelerate cross-border cooperation. The main conclusion is that the introduction of EU and CoE mechanisms will allow Kazakhstan to minimize the risks of asset loss, strengthen law enforcement and comply with international standards. | asset recovery; confiscation of property; preventive arrest; confiscation in absentia; Council of Europe; European Union; financial crimes; international standards; institutional mechanisms; legal regulation |