Pub Date : 1900-01-01DOI: 10.32523/2616-6844-2022-138-1-78-88
D. Batyrbekova
The work is devoted to the analysis of legal norms of the current law of the International Financial Center “Astana» and the current law of the Republic of Kazakhstan, regulating civil relations on the territory of the International Financial Center «Astana». The relevance of the work is confirmed by the fact that the new Concept of the legal policy of the Republic of Kazakhstan until 2030 pays special attention to the development of the civil law industry, coupled with an emphasis on creating a favorable investment climate. The purpose of this work is to analyze the current law of the Center, adopted acts of the International Financial Center «Astana» in the field of civil law relations. In addition, the article discusses the issues of the action of the highest legal force of the Constitution of the Republic of Kazakhstan on the territory of the Center. The author identified two approaches: the first is the absoluteness of the constitutional postulate of the highest legal force of the Constitution on the territory of the Center. The second approach is to be somewhat limited, taking into account the special legal regime of the Center. Particular emphasis is placed on the operation of the acts of the Center in the field of civil legal relations. Based on the adopted acts of the Center, the author analyzes the possibility of applying collaborations of legal norms, including the norms of statutory and case law of England and Wales to regulate a specific legal relationship. At the same time, we believe that for another type of legal relationship, such an application is not provided for by the acts of the Center.
{"title":"Features of civil regulation on the territory of the International financial center «Astana»","authors":"D. Batyrbekova","doi":"10.32523/2616-6844-2022-138-1-78-88","DOIUrl":"https://doi.org/10.32523/2616-6844-2022-138-1-78-88","url":null,"abstract":"The work is devoted to the analysis of legal norms of the current law of the International Financial Center “Astana» and the current law of the Republic of Kazakhstan, regulating civil relations on the territory of the International Financial Center «Astana». The relevance of the work is confirmed by the fact that the new Concept of the legal policy of the Republic of Kazakhstan until 2030 pays special attention to the development of the civil law industry, coupled with an emphasis on creating a favorable investment climate. The purpose of this work is to analyze the current law of the Center, adopted acts of the International Financial Center «Astana» in the field of civil law relations. In addition, the article discusses the issues of the action of the highest legal force of the Constitution of the Republic of Kazakhstan on the territory of the Center. The author identified two approaches: the first is the absoluteness of the constitutional postulate of the highest legal force of the Constitution on the territory of the Center. The second approach is to be somewhat limited, taking into account the special legal regime of the Center. Particular emphasis is placed on the operation of the acts of the Center in the field of civil legal relations. Based on the adopted acts of the Center, the author analyzes the possibility of applying collaborations of legal norms, including the norms of statutory and case law of England and Wales to regulate a specific legal relationship. At the same time, we believe that for another type of legal relationship, such an application is not provided for by the acts of the Center.","PeriodicalId":300299,"journal":{"name":"BULLETIN of L.N. Gumilyov Eurasian National University. Law Series","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115732861","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 1900-01-01DOI: 10.32523/2616-6844-2019-128-3-8-13
E. S. Anichkin
{"title":"Commonality of constitutional law of the Russian Federation and Central Asian countries","authors":"E. S. Anichkin","doi":"10.32523/2616-6844-2019-128-3-8-13","DOIUrl":"https://doi.org/10.32523/2616-6844-2019-128-3-8-13","url":null,"abstract":"","PeriodicalId":300299,"journal":{"name":"BULLETIN of L.N. Gumilyov Eurasian National University. Law Series","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"120837112","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 1900-01-01DOI: 10.32523/2616-6844-2022-138-1-155-168
A.E. Alibekov, D.B. Umargaliyev
he relevance of studying the legal nature of the development, forms and legal status of the prosecutor’s participation in administrative and civil proceedings of the Republic of Kazakhstan (hereinafter referred to as the ROK) is due to the presence of practical and scientific figures seeking to abolish this institution, imitating the legal system of European countries, as well as the introduction of the Administrative Procedural Code of the ROK (hereinafter referred to as the APPC). The article draws a parallel between the participation of the prosecutor in administrative and civil proceedings, the existing differences and similarities, in particular, describes the possible forms of participation of the prosecutor in court, touches on the issue of the legal status of the prosecutor, the difference of rights and obligations from other participants in the process. The purpose of the work is to study the institution of participation of the prosecutor in administrative proceedings. The proposals put forward in science to improve the activities of the prosecutor’s office are considered. It is concluded that the APPC grants individuals and legal entities the right to appeal against the actions and inaction of not only state bodies, local self-government bodies or organizations with state participation, but also other organizations with private ownership. The authors believe that the participation of the prosecutor in administrative proceedings should not be limited only to this direction, he is also obliged to respond to other violations identified in the process. In accordance with the legal acts of the Republic of Kazakhstan, it is delimited and confirmed that, in addition to the supervisory functions of the prosecutor, there is a purpose for representing the interests of the state in court. It is proposed to unify the notification of various forms of participation of the prosecutor in the administrative process, to describe in one norm all forms of participation of the prosecutor in administrative proceedings.
{"title":"Comparative legal analysis of the prosecutor’s activity in administrative and civil proceedings of the Republic of Kazakhstan","authors":"A.E. Alibekov, D.B. Umargaliyev","doi":"10.32523/2616-6844-2022-138-1-155-168","DOIUrl":"https://doi.org/10.32523/2616-6844-2022-138-1-155-168","url":null,"abstract":"he relevance of studying the legal nature of the development, forms and legal status of the prosecutor’s participation in administrative and civil proceedings of the Republic of Kazakhstan (hereinafter referred to as the ROK) is due to the presence of practical and scientific figures seeking to abolish this institution, imitating the legal system of European countries, as well as the introduction of the Administrative Procedural Code of the ROK (hereinafter referred to as the APPC). The article draws a parallel between the participation of the prosecutor in administrative and civil proceedings, the existing differences and similarities, in particular, describes the possible forms of participation of the prosecutor in court, touches on the issue of the legal status of the prosecutor, the difference of rights and obligations from other participants in the process. The purpose of the work is to study the institution of participation of the prosecutor in administrative proceedings. The proposals put forward in science to improve the activities of the prosecutor’s office are considered. It is concluded that the APPC grants individuals and legal entities the right to appeal against the actions and inaction of not only state bodies, local self-government bodies or organizations with state participation, but also other organizations with private ownership. The authors believe that the participation of the prosecutor in administrative proceedings should not be limited only to this direction, he is also obliged to respond to other violations identified in the process. In accordance with the legal acts of the Republic of Kazakhstan, it is delimited and confirmed that, in addition to the supervisory functions of the prosecutor, there is a purpose for representing the interests of the state in court. It is proposed to unify the notification of various forms of participation of the prosecutor in the administrative process, to describe in one norm all forms of participation of the prosecutor in administrative proceedings.","PeriodicalId":300299,"journal":{"name":"BULLETIN of L.N. Gumilyov Eurasian National University. Law Series","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127139455","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 1900-01-01DOI: 10.32523/2616-6844-2021-137-4-142-148
G. V. Khnykin
The article determines the condition of industrial injuries in Russian organizations through the analysis of statistical data, legislative and other legal acts, as well as the practice of their application. Differences in the indicators of state executive bodies in the field of labor protection complicate the planning of legislative work and the implementation of measures related to demographic policy. The article presents a critical assessment of federal laws, including the Labor Code of the Russian Federation, and government decrees in the field of protecting the life and health of workers. The analysis of legal norms is dedicated to the special assessment of working conditions and there is carried out their implementation in practice.
{"title":"Problems of contradictions in the legal regulation of the protection of life and professional health of Russian workers","authors":"G. V. Khnykin","doi":"10.32523/2616-6844-2021-137-4-142-148","DOIUrl":"https://doi.org/10.32523/2616-6844-2021-137-4-142-148","url":null,"abstract":"The article determines the condition of industrial injuries in Russian organizations through the analysis of statistical data, legislative and other legal acts, as well as the practice of their application. Differences in the indicators of state executive bodies in the field of labor protection complicate the planning of legislative work and the implementation of measures related to demographic policy. The article presents a critical assessment of federal laws, including the Labor Code of the Russian Federation, and government decrees in the field of protecting the life and health of workers. The analysis of legal norms is dedicated to the special assessment of working conditions and there is carried out their implementation in practice.","PeriodicalId":300299,"journal":{"name":"BULLETIN of L.N. Gumilyov Eurasian National University. Law Series","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128516200","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 1900-01-01DOI: 10.32523/2616-6844-2021-136-3-35-51
S. Tlepina
The article examines the issue of international legal regulation of matters of strategic development of healthcare using the example of the OECD member states. The issues of the activities of the International Labor Organization through the implementation of conventions and recommendations are considered. ILO Conventions and Recommendations play an important role in the development of health care in the context of the pandemic. The outbreak of the coronavirus disease (COVID-19) is testing the national health systems, their resilience, preparedness, and speed of response to emergencies. The rapid spread of COVID-19 emphasizes the urgent need to strengthen the health system. Conditions particularly relevant during the pandemic include working hours, including the regulation and compensation of overtime, inconvenient working hours, and shifts; weekly rest; maternity leave; sick leave; social security. The right of workers (including migrant workers) to form trade unions is of great significance. The right to association is also one of the important means of labor regulation, as well as for medical workers. To ensure the efficiency of measures taken in response to the COVID-19 outbreak and its aftermath, there is needed an environment of trust through social dialogue and tripartism.
{"title":"International legal regulation of healthcare development in the OECD","authors":"S. Tlepina","doi":"10.32523/2616-6844-2021-136-3-35-51","DOIUrl":"https://doi.org/10.32523/2616-6844-2021-136-3-35-51","url":null,"abstract":"The article examines the issue of international legal regulation of matters of strategic development of healthcare using the example of the OECD member states. The issues of the activities of the International Labor Organization through the implementation of conventions and recommendations are considered. ILO Conventions and Recommendations play an important role in the development of health care in the context of the pandemic. The outbreak of the coronavirus disease (COVID-19) is testing the national health systems, their resilience, preparedness, and speed of response to emergencies. The rapid spread of COVID-19 emphasizes the urgent need to strengthen the health system. Conditions particularly relevant during the pandemic include working hours, including the regulation and compensation of overtime, inconvenient working hours, and shifts; weekly rest; maternity leave; sick leave; social security. The right of workers (including migrant workers) to form trade unions is of great significance. The right to association is also one of the important means of labor regulation, as well as for medical workers. To ensure the efficiency of measures taken in response to the COVID-19 outbreak and its aftermath, there is needed an environment of trust through social dialogue and tripartism.","PeriodicalId":300299,"journal":{"name":"BULLETIN of L.N. Gumilyov Eurasian National University. Law Series","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128339020","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 1900-01-01DOI: 10.32523/2616-6844-2021-136-3-113-118
B.M. Smatlaev
The article presents innovations of the Code of Criminal Procedure of the Republic of Kazakhstan which, in pre-trial investigations, play a major role in protecting the rights and freedoms of citizens. The article justifies the need for special legal regulation of these objects of citizens ‘ rights. The author considers positions of scientists, judicial practice and legislation of Kazakhstan and foreign countries. It identifies shortcomings and contradictions of legal legislation. In accordance with the requirements of the new legislation, the transition to a three-link model under the pilot program will protect the rights of many citizens in the country, which will practically reduce the responsibility of persons who are not involved in crimes in the course of investigations. As a result of the analysis of the legislation of Kazakhstan, the author concluded that it is necessary to change the legal regime and recently adopted Criminal Procedure Code, which is more or less beneficial for citizens.
{"title":"Implementation of the three-link model of pre-trial investigation in the Republic of Kazakhstan","authors":"B.M. Smatlaev","doi":"10.32523/2616-6844-2021-136-3-113-118","DOIUrl":"https://doi.org/10.32523/2616-6844-2021-136-3-113-118","url":null,"abstract":"The article presents innovations of the Code of Criminal Procedure of the Republic of Kazakhstan which, in pre-trial investigations, play a major role in protecting the rights and freedoms of citizens. The article justifies the need for special legal regulation of these objects of citizens ‘ rights. The author considers positions of scientists, judicial practice and legislation of Kazakhstan and foreign countries. It identifies shortcomings and contradictions of legal legislation. In accordance with the requirements of the new legislation, the transition to a three-link model under the pilot program will protect the rights of many citizens in the country, which will practically reduce the responsibility of persons who are not involved in crimes in the course of investigations. As a result of the analysis of the legislation of Kazakhstan, the author concluded that it is necessary to change the legal regime and recently adopted Criminal Procedure Code, which is more or less beneficial for citizens.","PeriodicalId":300299,"journal":{"name":"BULLETIN of L.N. Gumilyov Eurasian National University. Law Series","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123530502","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 1900-01-01DOI: 10.32523/2616-6844-2019-128-3-127-136
M. Yessirkepova, R. Anarova
{"title":"Legal regulation of labor discrimination in the Republic of Kazakhstan","authors":"M. Yessirkepova, R. Anarova","doi":"10.32523/2616-6844-2019-128-3-127-136","DOIUrl":"https://doi.org/10.32523/2616-6844-2019-128-3-127-136","url":null,"abstract":"","PeriodicalId":300299,"journal":{"name":"BULLETIN of L.N. Gumilyov Eurasian National University. Law Series","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"113985600","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 1900-01-01DOI: 10.32523/2616-6844-2021-137-4-20-27
Zh. Korpebayev
The article is devoted to the analysis of electoral systems during the election of deputies to the Mazhilis of the Parliament of the Republic of Kazakhstan. Based on the study of the laws of the Republic of Kazakhstan, many normative legal acts regulating the election procedure in Kazakhstan, the author conducted a study of the evolution of electoral legislation. The Constitution of the Republic of Kazakhstan of August 30, 1995, and the constitutional law of the Republic of Kazakhstan on elections have undergone significant changes, which are associated with the process of democratization of the political system and the gradual transition from the majoritarian electoral system to a proportional system of elections of deputies of the Mazhilis of Parliament. In the article, the author, relying on the study of monographic literature, the experience of foreign countries, conducts a study of the features of the proportional electoral system. The author reveals the differences between open and closed types of a proportional system, which depends on the methods of forming party lists, as well as the possibilities of voting by voters considering different forms of party lists. In the article, the author gives his vision of improving electoral systems during the election of deputies to the Parliament of the Republic of Kazakhstan.
{"title":"Analysis of electoral systems used in the election of deputies of the Parliament of the Republic of Kazakhstan","authors":"Zh. Korpebayev","doi":"10.32523/2616-6844-2021-137-4-20-27","DOIUrl":"https://doi.org/10.32523/2616-6844-2021-137-4-20-27","url":null,"abstract":"The article is devoted to the analysis of electoral systems during the election of deputies to the Mazhilis of the Parliament of the Republic of Kazakhstan. Based on the study of the laws of the Republic of Kazakhstan, many normative legal acts regulating the election procedure in Kazakhstan, the author conducted a study of the evolution of electoral legislation. The Constitution of the Republic of Kazakhstan of August 30, 1995, and the constitutional law of the Republic of Kazakhstan on elections have undergone significant changes, which are associated with the process of democratization of the political system and the gradual transition from the majoritarian electoral system to a proportional system of elections of deputies of the Mazhilis of Parliament. In the article, the author, relying on the study of monographic literature, the experience of foreign countries, conducts a study of the features of the proportional electoral system. The author reveals the differences between open and closed types of a proportional system, which depends on the methods of forming party lists, as well as the possibilities of voting by voters considering different forms of party lists. In the article, the author gives his vision of improving electoral systems during the election of deputies to the Parliament of the Republic of Kazakhstan.","PeriodicalId":300299,"journal":{"name":"BULLETIN of L.N. Gumilyov Eurasian National University. Law Series","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131037724","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 1900-01-01DOI: 10.32523/2616-6844-2020-131-2-13-20
A. Ospanova, J. Ibragimov
{"title":"Some aspects of formation of anti-corruption legal culture of youth of the Republic of Kazakhstan","authors":"A. Ospanova, J. Ibragimov","doi":"10.32523/2616-6844-2020-131-2-13-20","DOIUrl":"https://doi.org/10.32523/2616-6844-2020-131-2-13-20","url":null,"abstract":"","PeriodicalId":300299,"journal":{"name":"BULLETIN of L.N. Gumilyov Eurasian National University. Law Series","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127432627","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 1900-01-01DOI: 10.32523/2616-6844-2019-128-3-31-41
A. Kussainov
{"title":"Corruption risks in higher education","authors":"A. Kussainov","doi":"10.32523/2616-6844-2019-128-3-31-41","DOIUrl":"https://doi.org/10.32523/2616-6844-2019-128-3-31-41","url":null,"abstract":"","PeriodicalId":300299,"journal":{"name":"BULLETIN of L.N. Gumilyov Eurasian National University. Law Series","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114363212","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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