Pub Date : 1900-01-01DOI: 10.32523/2616-6844-2019-128-3-76-84
S. Baimoldina
{"title":"Corruption as a negative social phenomenon","authors":"S. Baimoldina","doi":"10.32523/2616-6844-2019-128-3-76-84","DOIUrl":"https://doi.org/10.32523/2616-6844-2019-128-3-76-84","url":null,"abstract":"","PeriodicalId":300299,"journal":{"name":"BULLETIN of L.N. Gumilyov Eurasian National University. Law Series","volume":"24 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117036015","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: 10.32523/2616-6844-2021-137-4-70-83
N. Kala
A modern world is impossible without human mobility. Tourism is one of its manifestations. According to the UN and several other international organizations, tourism is an effective measure to countercultural contradictions, national enmity, as well as human poverty, an instrument for exchanging cultural traditions and experiences. This article analyses the tourism legislation of the Republic of Kazakhstan and Georgia to identify the strengths and weaknesses of such legislation and analyzes the impact of such legislation and other applied measures on the tourism industry of the country concerned. By applying the conceptual method, the international treaty base was studied within the framework of the UN World Tourism Organization. The study revealed the positive and negative aspects of the legislation in both countries, identified priority areas of tourism in such countries, and recommended the addition of existing legislation with relevant provisions that are assessed as necessary, effective, and inherent.
{"title":"Comparative analysis of legislation in the sphere of tourism in Kazakhstan and Georgia","authors":"N. Kala","doi":"10.32523/2616-6844-2021-137-4-70-83","DOIUrl":"https://doi.org/10.32523/2616-6844-2021-137-4-70-83","url":null,"abstract":"A modern world is impossible without human mobility. Tourism is one of its manifestations. According to the UN and several other international organizations, tourism is an effective measure to countercultural contradictions, national enmity, as well as human poverty, an instrument for exchanging cultural traditions and experiences. This article analyses the tourism legislation of the Republic of Kazakhstan and Georgia to identify the strengths and weaknesses of such legislation and analyzes the impact of such legislation and other applied measures on the tourism industry of the country concerned. By applying the conceptual method, the international treaty base was studied within the framework of the UN World Tourism Organization. The study revealed the positive and negative aspects of the legislation in both countries, identified priority areas of tourism in such countries, and recommended the addition of existing legislation with relevant provisions that are assessed as necessary, effective, and inherent.","PeriodicalId":300299,"journal":{"name":"BULLETIN of L.N. Gumilyov Eurasian National University. Law Series","volume":"26 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123558289","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: 10.32523/2616-6844-2021-137-4-36-45
R. Bexultanova
The article analyzes the main problems of the institution of objective truth in civil proceedings through theoretical analysis, concretization, and systematization. It gives a characteristic of certain aspects of judicial truth from the point of view of both domestic and foreign scholarly processors. The article investigates two main types of the principle of truth - objective and formal. At the same time, the author highlighted the principle of objective truth, which was consolidated in the socialist past of our country. Formal truth, however, does not recognize the existence of the principle of objective truth, insisting on the formalization of the process. The author has consistently studied the history of the development of the institution of objective truth in Kazakhstan’s civil procedural legislation. At the present stage, one of the most controversial issues in civil procedure is the problem of achieving the truth in a civil case in court. There is no single generally accepted concept of the principle of judicial truth in civil proceedings. The analysis of the norms of the Code of Civil Procedure of 1963, 1999 shows that the legislator does not single out the principle of objective truth in civil proceedings. In the current Code of Civil Procedure of the Republic of Kazakhstan in 2015, the content of the principles of dispositiveness, adversariality, and procedural equality of parties in a civil procedure is significantly expanded, that is, a conclusion suggests itself that the principle of objective truth is excluded from the principles of civil proceedings. It should be noted that the term “objective truth” itself is not used in the new legislative acts.
{"title":"The principle of objective truth in civil proceedings","authors":"R. Bexultanova","doi":"10.32523/2616-6844-2021-137-4-36-45","DOIUrl":"https://doi.org/10.32523/2616-6844-2021-137-4-36-45","url":null,"abstract":"The article analyzes the main problems of the institution of objective truth in civil proceedings through theoretical analysis, concretization, and systematization. It gives a characteristic of certain aspects of judicial truth from the point of view of both domestic and foreign scholarly processors. The article investigates two main types of the principle of truth - objective and formal. At the same time, the author highlighted the principle of objective truth, which was consolidated in the socialist past of our country. Formal truth, however, does not recognize the existence of the principle of objective truth, insisting on the formalization of the process. The author has consistently studied the history of the development of the institution of objective truth in Kazakhstan’s civil procedural legislation. At the present stage, one of the most controversial issues in civil procedure is the problem of achieving the truth in a civil case in court. There is no single generally accepted concept of the principle of judicial truth in civil proceedings. The analysis of the norms of the Code of Civil Procedure of 1963, 1999 shows that the legislator does not single out the principle of objective truth in civil proceedings. In the current Code of Civil Procedure of the Republic of Kazakhstan in 2015, the content of the principles of dispositiveness, adversariality, and procedural equality of parties in a civil procedure is significantly expanded, that is, a conclusion suggests itself that the principle of objective truth is excluded from the principles of civil proceedings. It should be noted that the term “objective truth” itself is not used in the new legislative acts.","PeriodicalId":300299,"journal":{"name":"BULLETIN of L.N. Gumilyov Eurasian National University. Law Series","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129986414","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: 10.32523/2616-6844-2019-127-2-105-112
M. Amirova
{"title":"Regulation of public procurement in the Republic of Kazakhstan: international legal analysis","authors":"M. Amirova","doi":"10.32523/2616-6844-2019-127-2-105-112","DOIUrl":"https://doi.org/10.32523/2616-6844-2019-127-2-105-112","url":null,"abstract":"","PeriodicalId":300299,"journal":{"name":"BULLETIN of L.N. Gumilyov Eurasian National University. Law Series","volume":"43 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130726389","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: 10.32523/2616-6844-2020-131-2-44-54
A. K. Rakhmetollov, S.Dzh. Bekisheva, A. Kizdarbekova
{"title":"On some issues of entrepreneurs’ trust in law enforcement agencies","authors":"A. K. Rakhmetollov, S.Dzh. Bekisheva, A. Kizdarbekova","doi":"10.32523/2616-6844-2020-131-2-44-54","DOIUrl":"https://doi.org/10.32523/2616-6844-2020-131-2-44-54","url":null,"abstract":"","PeriodicalId":300299,"journal":{"name":"BULLETIN of L.N. Gumilyov Eurasian National University. Law Series","volume":"15 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130268200","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: 10.32523/2616-6844-2019-126-1-90-97
B. Sagymbekov, R.S. Kaliaskarov
{"title":"On the issue of procedural management of pre-trial investigation","authors":"B. Sagymbekov, R.S. Kaliaskarov","doi":"10.32523/2616-6844-2019-126-1-90-97","DOIUrl":"https://doi.org/10.32523/2616-6844-2019-126-1-90-97","url":null,"abstract":"","PeriodicalId":300299,"journal":{"name":"BULLETIN of L.N. Gumilyov Eurasian National University. Law Series","volume":"8 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125609042","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: 10.32523/2616-6844-2022-138-1-69-77
S. Abirbek
This article deals with the problems of recognition of court decisions and other acts of unrecognized states in private international law. The relevance of this problem lies in the possibility of recognizing court decisions and other acts of unrecognized states, given that their status is not defined in accordance with international public law. Today, along with the application of the law of unrecognized states, the issues of recognition of their judgments or other acts are relevant, which by their nature are characterized as legal documents. Due to the fact that the status of these associations cannot be resolved in any way in the light of the norms of international public law, one cannot hide the fact that these actors exist and have all the main features of the state. A barrier to the exercise of the full right to be a state is the non-recognition by the world community. This article will be considered using a general and comparative legal analysis, with the help of which we will get answers to the possibility of recognizing court decisions and other acts of unrecognized states. In conclusion, this article proposes a set of recommendations for solving the problem posed, which will help to find the right direction regarding the recognition of court decisions and other acts of unrecognized states.
{"title":"Problems of recognition of judgments and other acts of unrecognized states in private international law","authors":"S. Abirbek","doi":"10.32523/2616-6844-2022-138-1-69-77","DOIUrl":"https://doi.org/10.32523/2616-6844-2022-138-1-69-77","url":null,"abstract":"This article deals with the problems of recognition of court decisions and other acts of unrecognized states in private international law. The relevance of this problem lies in the possibility of recognizing court decisions and other acts of unrecognized states, given that their status is not defined in accordance with international public law. Today, along with the application of the law of unrecognized states, the issues of recognition of their judgments or other acts are relevant, which by their nature are characterized as legal documents. Due to the fact that the status of these associations cannot be resolved in any way in the light of the norms of international public law, one cannot hide the fact that these actors exist and have all the main features of the state. A barrier to the exercise of the full right to be a state is the non-recognition by the world community. This article will be considered using a general and comparative legal analysis, with the help of which we will get answers to the possibility of recognizing court decisions and other acts of unrecognized states. In conclusion, this article proposes a set of recommendations for solving the problem posed, which will help to find the right direction regarding the recognition of court decisions and other acts of unrecognized states.","PeriodicalId":300299,"journal":{"name":"BULLETIN of L.N. Gumilyov Eurasian National University. Law Series","volume":"45 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121583816","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: 10.32523/2616-6844-2022-138-1-101-112
S. Bogolyubov
Environmental legislation consists of natural resource legislation and environmental legislation. They are supplemented by the environmental norms of other branches of Russian law. The Land, Water, Forest Codes, and other federal laws that make up the first part of environmental legislation contain the basic principles of legal support for rational use of natural resources. Federal laws on environmental protection, on environmental expertise, on the protection of atmospheric air, on radiation safety of the population, on specially protected natural territories, which constitute the second part of environmental legislation, provide for the basic principles of legal protection of the environment. The Urban Planning Code of the Russian Federation dialectically combines the principles of rational nature management and environmental protection. Between these principles, based on the requirements of the Constitution of the Russian Federation, there is a relationship in the form of a close relationship and at the same time some competition. It does not mean confrontation, but it is mostly caused by contradictions between the maximum use of natural resources, obtaining economic benefits from them and the legal protection of the natural environment in the interests of present and future generations. The task of comparing the basic principles of environmental legislation is to find an increase in the effectiveness of their concretization, shifting to norms and requirements, reconciling their discrepancies and discrepancies, including by focusing on understanding, combining general and private interests. This is achieved by clarifying the objectives and content of the principles, a combination of administrative and civil law methods of regulation, modernization and unification of terminology.
{"title":"Interaction and competition of the basic principles of environmental legislation","authors":"S. Bogolyubov","doi":"10.32523/2616-6844-2022-138-1-101-112","DOIUrl":"https://doi.org/10.32523/2616-6844-2022-138-1-101-112","url":null,"abstract":"Environmental legislation consists of natural resource legislation and environmental legislation. They are supplemented by the environmental norms of other branches of Russian law. The Land, Water, Forest Codes, and other federal laws that make up the first part of environmental legislation contain the basic principles of legal support for rational use of natural resources. Federal laws on environmental protection, on environmental expertise, on the protection of atmospheric air, on radiation safety of the population, on specially protected natural territories, which constitute the second part of environmental legislation, provide for the basic principles of legal protection of the environment. The Urban Planning Code of the Russian Federation dialectically combines the principles of rational nature management and environmental protection. Between these principles, based on the requirements of the Constitution of the Russian Federation, there is a relationship in the form of a close relationship and at the same time some competition. It does not mean confrontation, but it is mostly caused by contradictions between the maximum use of natural resources, obtaining economic benefits from them and the legal protection of the natural environment in the interests of present and future generations. The task of comparing the basic principles of environmental legislation is to find an increase in the effectiveness of their concretization, shifting to norms and requirements, reconciling their discrepancies and discrepancies, including by focusing on understanding, combining general and private interests. This is achieved by clarifying the objectives and content of the principles, a combination of administrative and civil law methods of regulation, modernization and unification of terminology.","PeriodicalId":300299,"journal":{"name":"BULLETIN of L.N. Gumilyov Eurasian National University. Law Series","volume":"39 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121607915","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: 10.32523/2616-6844-2019-128-3-85-91
T.T. Bapanova
{"title":"Issues of competition rules on aggravating and mitigating circumstances of criminal liability and punishment","authors":"T.T. Bapanova","doi":"10.32523/2616-6844-2019-128-3-85-91","DOIUrl":"https://doi.org/10.32523/2616-6844-2019-128-3-85-91","url":null,"abstract":"","PeriodicalId":300299,"journal":{"name":"BULLETIN of L.N. Gumilyov Eurasian National University. Law Series","volume":"24 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125282359","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: 10.32523/2616-6844-2021-137-4-46-52
A. S. Ibraev
The article considers the foreign experience of using information and digital tools in land legal relations. Considering the current legislation and state programs for the digitalization of the economy, the article presents specific recommendations for the use of digital technologies in land relations. In particular, the use of blockchain, bitcoin, and big data technologies, will minimize bureaucracy and corruption risks. Considering the current threats (hacker attacks) and the timing of the provision of public services, it is proposed to use blockchain technology for the rapid and secure provision of land to private ownership or the granting of temporary land use rights. The integration of digital tools into public relations will allow optimizing the speed and quality of public services. Land relations in the Republic of Kazakhstan should be automated and digitized to eliminate possible risks and disputes between subjects of land legal relations, including the state.
{"title":"Relevant aspects of digitalization of land legal relations","authors":"A. S. Ibraev","doi":"10.32523/2616-6844-2021-137-4-46-52","DOIUrl":"https://doi.org/10.32523/2616-6844-2021-137-4-46-52","url":null,"abstract":"The article considers the foreign experience of using information and digital tools in land legal relations. Considering the current legislation and state programs for the digitalization of the economy, the article presents specific recommendations for the use of digital technologies in land relations. In particular, the use of blockchain, bitcoin, and big data technologies, will minimize bureaucracy and corruption risks. Considering the current threats (hacker attacks) and the timing of the provision of public services, it is proposed to use blockchain technology for the rapid and secure provision of land to private ownership or the granting of temporary land use rights. The integration of digital tools into public relations will allow optimizing the speed and quality of public services. Land relations in the Republic of Kazakhstan should be automated and digitized to eliminate possible risks and disputes between subjects of land legal relations, including the state.","PeriodicalId":300299,"journal":{"name":"BULLETIN of L.N. Gumilyov Eurasian National University. Law Series","volume":"45 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123074854","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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