Annotations and key words of the articles of the Bulletin № 2 (24)/2022

Initials and surname of the autor (s) Article title Annotation Keywords

Azhibayev Marat Gennadyevich

ISSUES OF BRINGING PERSONS TO RESPONSIBILITY FOR THE FINANCING OF TERRORISM AND EXTREMISM: LEGAL ASPECTS OF DOMESTIC AND INTERNATIONAL LEGISLATIONTerrorism and extremism today are among the main threats to international stability and national security of almost all countries of the world, therefore, the work to destroy them and undermining their economic component is the main task of law enforcement and special agencies and services.
The domestic legislator is taking measures to counteract this phenomenon, one of which is the preparation and adoption of an appropriate legal framework.
However, as the analysis of the provisions of national legislation has shown, some norms are repressive in nature, which contradicts the principles of justice and legality enshrined in the Constitution of the country.
Such an approach creates some risks of human rights violations, undermines the image of Kazakhstan as a democratic and legal state.
In this regard, the primary task of the native scientific community is to develop effective proposals for the implementation of these principles and to increase the level of human rights protection in countering manifestations of extremism and terrorism in society.
The article discusses some problematic issues of respect for the rights of citizens in the framework of bringing persons to responsibility for the financing of terrorism and extremism, and also suggests measures to implement the principles of justice and legality in the criminal process and sentencing.
human rights; criminal offense; state; legislation; punishment; extremism; terrorism; financing.

Aytkazin Yerlan Maidanuly

Ibragimova Flyura Galimovna

Baizhumanov Nurlan Orazbekovich

SEPARATE ISSUES OF THE PRACTICAL IMPLEMENTATION OF CHANGES TO THE LAW OF THE REPUBLIC OF KAZAKHSTAN "ON PUBLIC PROCUREMENTS" DATED NOVEMBER 15, 2021The authors of the article provide a detailed analysis of the amendments and additions made on November 15, 2021 to the Law of the Republic of Kazakhstan «On Public Procurement» dated December 4, 2015, as well as their practical application and implementation.
The central issues on the studied issues are motivated prerequisites for making changes to the legislation of public procurement, forecasting the achievement of expected results. Particular attention is paid to the effectiveness of the practice of changing legislation in order to form a system capable of resisting corruption and ensuring transparency.
The authors make proposals to eliminate contradictions between the norms of legislative acts regulating the public procurement system, and draw conclusions about the need to return some of the excluded norms and make some changes. Recommendations have also been developed to improve the law in this area.
public procurement; public procurement contract; customer; supplier; tender; auction; tender; procurement from one source; electronic wallet.

Alshymbek Dauren Bolatovich

Kaishatayeva Assel Kuandykovna

CURRENT PROBLEMS OF NOTARY CERTIFICATION OF THE SURROGATE MATERNITY AGREEMENT UNDER THE LEGISLATION OF THE REPUBLIC OF KAZAKHSTANIn the article, the authors present the results of the study of the regulatory framework on the procedure for notarization of surrogacy in Kazakhstan. The main provisions of the content of the surrogacy contract are considered, namely: the subject, the rights and obligations of the parties and the duties of the notary at the conclusion of the contract.
Special attention is paid to the concept of «subjects of the surrogacy contract», so for one of the parties in the legislation three terms are used: «spouses», «persons married and wishing to have a child», «customer», which carry the same semantic meaning among themselves. At the same time, the legislator does not consider the concept of the term «customer», which raises the question of the expediency of using these identical terms in legislation.
The authors also consider the issue of the participation of foreign citizens as subjects of the surrogacy contract. Domestic legislation does not restrict the participation of foreign citizens in this process, but the question arises, does the country of a foreigner allow having children in this way?
Based on the study of this problem, the authors propose to conduct a mandatory legal consultation with a notary before concluding a surrogacy agreement with the participation of foreign citizens.
surrogate mother; surrogate motherhood; surrogacy contract; reproductive methods; notary; spouses; customers; foreign citizen; notarial certificate.

Baetov Kanat Zhamalkhanovich

IMPROVING THE NORMS OF CRIMINAL LIABILITY FOR VIOLATIONS OF INDUSTRIAL SAFETY REQUIREMENTS OF HAZARDOUS PRODUCTION FACILITIES: DOMESTIC AND FOREIGN ASPECTThe issues of industrial safety of hazardous production facilities are always relevant, since not only reliable provision of society and the state with all types of resources and products depends on the state of industrial safety of facilities, their emergency resistance, but also the maintenance of normal conditions for the life of citizens of the country, the preservation of the environment.
The legal basis for ensuring industrial safety, first of all, should be aimed at preventing accidents at hazardous facilities.
In the article, the author analyzes the norms of domestic and foreign legislation in the field of criminal liability for violations of safety rules at various production facilities.
Taking into account that in developed countries uniform standards of compliance with industrial safety requirements for all industries have been established, as well as the responsibility of employers has been strengthened, in order to improve the preventive role, a new version of Article 281 of the Criminal Code of the Republic of Kazakhstan is proposed, corresponding not only to current trends in the development of industry in Kazakhstan, but also to the criminogenic situation in this area.
industrial policy; industrial safety; hazardous production facility; Ministry of Emergency Situations; employer; employee; owner; official; special entity.

Baigundinov Yeldos Nagymbaevich

Kambarov Azamat Kambaruly

Potapov Dmitry Petrovich

PERSONALITY TYPOLOGY OF MOTHERS WHO KILL THEIR NEWBORN CHILDRENIn the article, the authors provide an analysis of the murder of a newborn child by mothers, as well as crime in this area, in general. Study of the personality of the criminal is importance of the article. One of the most difficult problems studied by humanity is the mystery of the nature of man himself. The study of the personality of the criminal is a complex problem, its research is carried out by personologists, sociologists, psychologists, teachers, legal scholars and others. The point of this issue lies in the majority of serious problems of mankind: poverty of the bulk of the population, the widespread use of drug and alcohol addiction, cruelty and indifference of the population to the problems of others. The possibility of eliminating the above problems will depend on how widely and comprehensively the problem of the criminal’s personality will be studied. The authors highlight the following motives of mothers who kill their newborn children, which underlie criminal behavior and crime itself: socio-economic, socio-psychological, including both violent-selfish and frivolously irresponsible and other determinants of personality.newborn child; social status; mother-killer; socio-economic; frivolously irresponsible; pregnancy; addiction; alcoholism.

Baisultanov Altai Bisenovich

ISSUES OF IMPROVEMENT OF MEASURES TO PREVENT ESCAPE FROM PLACES OF DEPARTMENT OF LIBERTY, FROM ARREST OR FROM DETENTIONThe public danger of escape lies in the fact that this act leads to destabilization of the activities of institutions of deprivation of liberty and hinders the achievement of the goals of punishment. It is determined that the correction of the offender, as one of the goals of punishment, is a guarantee that he will not commit a crime again.
An escaped convict has a negative impact on other convicts and attracts significant material resources and forces of employees of the penitentiary system to the search and detention of criminals.
Properly organized work in this direction and the interaction of employees of all departments of institutions executing sentences related to deprivation of liberty will allow timely identification of the causes and conditions conducive to escapes.
The article also discusses the main measures of special prevention of escapes, the process of improvement and direction of individual prevention of this type of crime.
prophylaxy; prevention; convict; institution; education; correction; criminology; special prevention.

Igonina Elena Olegovna

CRIMINAL-LEGAL ASSESSMENT OF CARELESS ACTS OF MEDICAL WORKERS ON THE EXAMPLE OF LAW ENFORCEMENT PRACTICE OF THE REPUBLIC OF KAZAKHSTAN AND THE RUSSIAN FEDERATIONThe topic of criminal liability of medical workers for admitted defects in treatment remains resonant to date. The author conducted a comparative legal study of the responsibility of medical workers in foreign legislation: the criminal law norms applied in the qualification of iatrogenic crimes in the Republic of Kazakhstan and the Russian Federation are analyzed. Unlike the criminal legislation of the Russian Federation, the Criminal Code of the Republic of Kazakhstan provides for special criminal law norms regulating the responsibility of medical workers. The article presents the judicial and investigative practice of both countries. The appeal to foreign legislation made it possible to focus attention on the problem of establishing a causal relationship, which is a mandatory feature of the objective side of crimes with a material composition, which is universal for law enforcement officers. According to the results of the research, the author of the article proposed the adoption of acts of official interpretation: Resolutions of the Plenum of the Supreme Court of the Russian Federation, in the Republic of Kazakhstan – Resolutions of the Supreme Court of the Republic of Kazakhstan «On certain issues of qualification of medical criminal offenses», in order to clarify the legal norms, the application of which caused difficulties or for which a contradictory approach was found in judicial practice.iatrogenic crimes; medical worker; medical error; defect; causation; consequences; judicial practice; qualification.

Kambarov Azamat Kambaruly

Karazhanov Malik Dulatovich

SOME THEORETICAL ASPECTS OF COMBATING CRIMINAL OFFENSES IN THE FIELD OF INFORMATIZATION AND COMMUNICATIONSIn modern conditions, the prevention of criminal offenses should be aimed not only at reducing offenses provided for by material law, but also at neutralizing possible negative criminal consequences from positive social phenomena that are the process of informatization of modern society. Promising areas of preventive work with offenses in the field of informatization and communication cover issues of improving legislation that provide for responsibility for this type of offenses. The national legal framework for combating computer offenses covers the range of current legislation regulating the rules for working with information, including with a computer, and establishing responsibility for their violation. However, some legal norms do not have a positive result. Legal prohibition must be combined with moral and ethical measures. These include the norms of behavior and ethics that have developed in the information environment and are intended to form moral and moral consciousness on the basis of universal human values when distributing computers in society. The scientific article notes that absolute reliability and security in computer networks cannot guarantee any hardware, software and other solutions. However, only with a comprehensive approach to security issues can the risk of loss be technology; telecommunications; Internet; information security; cybercrime; informatization and communication; computer offense; computer program.

Tulebaeva Dinara Turginbaevna

PROCEDURAL ISSUES OF CALCULATING THE TERMS OF INVESTIGATION AND DETENTION OF A SUSPECT RELATED TO THE RETURN OF A CRIMINAL CASE FOR ADDITIONAL INVESTIGATIONIn the article the author discusses the specifics of calculating and extending the terms of investigation and the terms of detention of a suspect at the pre-trial and judicial stages when sending the case for additional investigation and referral of the case by the court to the prosecutor. The preventive measure in question is the most severe one provided for by the criminal procedure legislation of the Republic of Kazakhstan, which increases the responsibility of the person conducting pre-trial proceedings and the court that authorized the chosen preventive measure. When deciding on the election of a preventive measure against a suspect in the form of detention, the body conducting pre-trial proceedings must each time consider the possibility of applying another preventive measure unrelated to the restriction of his constitutional rights. Since the procedure of criminal proceedings established by the Criminal Procedure Law is aimed at protecting against unjustified accusation and conviction, illegal restriction of human rights and freedoms. The article provides examples when the «delaying» of criminal proceedings leads to infringement of the constitutional rights of its participants. The paper suggests possible changes in the terms of detention of persons aimed at reducing their duration.detention; suspect; extension of the term; additional investigation; return of criminal case; court; prosecutor; investigator; constitutional rights.

Ualiyeva Assel Mukhametbekovna

SOME ASPECTS OF SOCIAL ENTREPRENEURSHIP IN KAZAKHSTAN: ANALYSIS AND PROSPECTSSocial entrepreneurship is a relatively new phenomenon, capable of solving such important social problems in society as: low standard of living and poverty, unemployment, alcoholism, social tension. In economically developed countries of the world, social entrepreneurship has been brought to a high level of activity, whereas in the Republic of Kazakhstan this institution exists relatively recently. In the article, the author analyzes foreign experience and identifies problematic aspects of improving domestic social entrepreneurship. Based on the results of the SWOT-analysis, the main proposals for the development of social entrepreneurship in the Republic of Kazakhstan are formulated: increasing the social responsibility of businessmen by reinvesting part of their income in the development of social entrepreneurship; expanding the scope of social entrepreneurs’ activities by simultaneously solving problems of health, ecology, and other areas; developing the autonomy of social entrepreneurs from state support, since financial dependence on the state sometimes increases during periods of economic crises, rising inequality, entrepreneurship; social problems; entrepreneurial activity; social responsibility; social entrepreneur; social sphere; SWOT-analysis; social problem.