Pub Date : 1900-01-01DOI: 10.32523/2616-6844-2019-129-4-146-159
S. Tlepina
{"title":"The origins of the formation of international law in Ancient India","authors":"S. Tlepina","doi":"10.32523/2616-6844-2019-129-4-146-159","DOIUrl":"https://doi.org/10.32523/2616-6844-2019-129-4-146-159","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":"133599136","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: 10.32523/2616-6844-2021-137-4-200-215
K.Yu. Proskurina
In this article, the author examines the main theoretically and practically significant problems associated with determining the moment of fulfillment of a tax obligation from the point of view of choosing a specific monetary concept (money as a central bank’s obligation, money as a right of claim against a bank, non-cash money as incorporeal thing). The study and presentation of these problems of the current financial legislation of the Republic of Kazakhstan resulted in the author’s conclusions about the need to improve the current legislation of the Republic of Kazakhstan and specific proposal of its change. The author has established the moment of termination and emergence of the right of ownership of cash and non-cash money from the taxpayer and the state when the taxpayer fulfills the tax obligation in relation to each of the considered monetary concepts. As a scientific study has shown, tax disputes about determining the moment of fulfillment of a tax obligation in monetary form and about the moment of the emergence of ownership of non-cash money in the form of taxes from the state are largely related to the uncertainty of the legal regime of non-cash money in the Republic of Kazakhstan (a systematic analysis of the current legislation of the Republic of Kazakhstan allows us to conclude that the legislation of the Republic of Kazakhstan does not provide a definition of money in general and non-cash money in particular). In addition, the author of this research considered the issues unsettled by the norms of the current tax legislation of the Republic of Kazakhstan on the moment of fulfillment of the tax obligation in kind and proposed the author’s concepts of establishing such a moment.
{"title":"Relevant problems of the fulfillment of the tax obligation in cash and in-kind, associated with the uncertainty of the legal regime of non-cash money","authors":"K.Yu. Proskurina","doi":"10.32523/2616-6844-2021-137-4-200-215","DOIUrl":"https://doi.org/10.32523/2616-6844-2021-137-4-200-215","url":null,"abstract":"In this article, the author examines the main theoretically and practically significant problems associated with determining the moment of fulfillment of a tax obligation from the point of view of choosing a specific monetary concept (money as a central bank’s obligation, money as a right of claim against a bank, non-cash money as incorporeal thing). The study and presentation of these problems of the current financial legislation of the Republic of Kazakhstan resulted in the author’s conclusions about the need to improve the current legislation of the Republic of Kazakhstan and specific proposal of its change. The author has established the moment of termination and emergence of the right of ownership of cash and non-cash money from the taxpayer and the state when the taxpayer fulfills the tax obligation in relation to each of the considered monetary concepts. As a scientific study has shown, tax disputes about determining the moment of fulfillment of a tax obligation in monetary form and about the moment of the emergence of ownership of non-cash money in the form of taxes from the state are largely related to the uncertainty of the legal regime of non-cash money in the Republic of Kazakhstan (a systematic analysis of the current legislation of the Republic of Kazakhstan allows us to conclude that the legislation of the Republic of Kazakhstan does not provide a definition of money in general and non-cash money in particular). In addition, the author of this research considered the issues unsettled by the norms of the current tax legislation of the Republic of Kazakhstan on the moment of fulfillment of the tax obligation in kind and proposed the author’s concepts of establishing such a moment.","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":"133659610","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: 10.32523/2616-6844-2021-137-4-132-141
X.B. Olzhabayeva
The article analyzes the provisions of the Code of the Republic of Kazakhstan «On Health of people and healthcare system» dated July 7, 2020, as well as several departmental regulatory acts regulating the labor of medical and pharmaceutical workers, which were adopted in compliance with this Code. Chapter 30 «The status of medical and pharmaceutical workers» of this Code identifies gaps in the status, rights, duties, and social guarantees of this category of workers and offers specific measures to eliminate them. The Labor Code of the Republic of Kazakhstan dated November 23, 2015, is not included in the scope of the analyzed legislation due to the absence of norms on the labor of medical and pharmaceutical workers in it. The article also covers the need to adopt a new law of the Republic of Kazakhstan «On the status of medical and pharmaceutical workers». It shows the defects of departmental regulatory acts on the provision of remote medical services, the rules for certification of health managers, personnel accounting, incentives, differentiated surcharges, and salary allowances for employees of health care subjects, which arose because of the conscientious delusion of developers, timely elimination of which will have a positive impact on law-making practice.
{"title":"Analysis of Kazakhstan legislation regulating the labour of medical and pharmaceutical workers","authors":"X.B. Olzhabayeva","doi":"10.32523/2616-6844-2021-137-4-132-141","DOIUrl":"https://doi.org/10.32523/2616-6844-2021-137-4-132-141","url":null,"abstract":"The article analyzes the provisions of the Code of the Republic of Kazakhstan «On Health of people and healthcare system» dated July 7, 2020, as well as several departmental regulatory acts regulating the labor of medical and pharmaceutical workers, which were adopted in compliance with this Code. Chapter 30 «The status of medical and pharmaceutical workers» of this Code identifies gaps in the status, rights, duties, and social guarantees of this category of workers and offers specific measures to eliminate them. The Labor Code of the Republic of Kazakhstan dated November 23, 2015, is not included in the scope of the analyzed legislation due to the absence of norms on the labor of medical and pharmaceutical workers in it. The article also covers the need to adopt a new law of the Republic of Kazakhstan «On the status of medical and pharmaceutical workers». It shows the defects of departmental regulatory acts on the provision of remote medical services, the rules for certification of health managers, personnel accounting, incentives, differentiated surcharges, and salary allowances for employees of health care subjects, which arose because of the conscientious delusion of developers, timely elimination of which will have a positive impact on law-making 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":"114050955","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: 10.32523/2616-6844-2022-138-1-19-37
Y. Kostyanaya
The article considers the relationship between the activities of the media and ensuring the information security of states based on the analysis of the legislation of the EAEU member states and international experience. This issue is at the intersection of politics and law, in this regard, there was studied the work of political scientists and legal scholars. On the one hand, the article considers the information security of states in the implementation of the media in details and possible infringements of freedom of speech and the press while observing information security. The author proposes to increase the level of freedom of the media in compliance with the basic principles of ensuring the country’s information security. The subject of the study was the norms of national and foreign legislation, doctrinal opinions of domestic and foreign scientists. During the study there were used methods of specific informational, logical and statistical analysis. In the article, the author proposes a definition of information security, expanding its concept in program documents, and makes a proposal to revise some provisions of national legislation in the field of freedom of journalists.
{"title":"The activities of the media in the context of information security","authors":"Y. Kostyanaya","doi":"10.32523/2616-6844-2022-138-1-19-37","DOIUrl":"https://doi.org/10.32523/2616-6844-2022-138-1-19-37","url":null,"abstract":"The article considers the relationship between the activities of the media and ensuring the information security of states based on the analysis of the legislation of the EAEU member states and international experience. This issue is at the intersection of politics and law, in this regard, there was studied the work of political scientists and legal scholars. On the one hand, the article considers the information security of states in the implementation of the media in details and possible infringements of freedom of speech and the press while observing information security. The author proposes to increase the level of freedom of the media in compliance with the basic principles of ensuring the country’s information security. The subject of the study was the norms of national and foreign legislation, doctrinal opinions of domestic and foreign scientists. During the study there were used methods of specific informational, logical and statistical analysis. In the article, the author proposes a definition of information security, expanding its concept in program documents, and makes a proposal to revise some provisions of national legislation in the field of freedom of journalists.","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":"116068655","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: 10.32523/2616-6844-2019-129-4-131-145
Z. Ibragimov, T. Assanova
{"title":"International law of refugees - a subset of international human rights law","authors":"Z. Ibragimov, T. Assanova","doi":"10.32523/2616-6844-2019-129-4-131-145","DOIUrl":"https://doi.org/10.32523/2616-6844-2019-129-4-131-145","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":"123300591","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: 10.32523/2616-6844-2021-136-3-86-97
O. Andreeva, O. A. Zaitsev
The article considers how the principles of respect for the honor and dignity of the individual and privacy are implemented in the use of genetic information in criminal proceedings. The authors analyzed existed tendencies, directed to increase the extent of federal basis of genetic information due to extension of the list of subjects, liable to compulsory genetic registration, legal regulation of mechanism of using genetic information during criminal trial. The authors concluded that indiscriminate extension of subjects, liable to compulsory genome records, covered by accused (suspected) persons in a committing of a crime, or deposing genome information of acquitted persons in data bases, or deposing genome information of persons, whose criminal cases were closed due to rehabilitative circumstances, do not meet requirements of the protection of their rights and legal interests. It is proven that the production of genetic expert evidence should be proceeded based on court judgment, secured with additional guarantees that this genetic information won’t be revealed out of the investigation of a concrete criminal case. The method of obtaining biometrical materials should include following actions: informing a person about the purpose and means of its obtaining, his/her rights, his/her duties, his/her responsibilities, access conditions to obtained materials, reindefication and restrictions of anonymity or privacy. The storage procedure of genetic information should guarantee the protection of the private life of a person; provide controlled access to it and to biometrical materials by authorities.
{"title":"Ethic principles of using genetic information during criminal jurisdictional activity","authors":"O. Andreeva, O. A. Zaitsev","doi":"10.32523/2616-6844-2021-136-3-86-97","DOIUrl":"https://doi.org/10.32523/2616-6844-2021-136-3-86-97","url":null,"abstract":"The article considers how the principles of respect for the honor and dignity of the individual and privacy are implemented in the use of genetic information in criminal proceedings. The authors analyzed existed tendencies, directed to increase the extent of federal basis of genetic information due to extension of the list of subjects, liable to compulsory genetic registration, legal regulation of mechanism of using genetic information during criminal trial. The authors concluded that indiscriminate extension of subjects, liable to compulsory genome records, covered by accused (suspected) persons in a committing of a crime, or deposing genome information of acquitted persons in data bases, or deposing genome information of persons, whose criminal cases were closed due to rehabilitative circumstances, do not meet requirements of the protection of their rights and legal interests. It is proven that the production of genetic expert evidence should be proceeded based on court judgment, secured with additional guarantees that this genetic information won’t be revealed out of the investigation of a concrete criminal case. The method of obtaining biometrical materials should include following actions: informing a person about the purpose and means of its obtaining, his/her rights, his/her duties, his/her responsibilities, access conditions to obtained materials, reindefication and restrictions of anonymity or privacy. The storage procedure of genetic information should guarantee the protection of the private life of a person; provide controlled access to it and to biometrical materials by authorities.","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":"121558212","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: 10.32523/2616-6844-2022-138-1-124-132
N. Imangaliyev, L. A. Temirzhanova
The article examines the problematic issues of identifying and countering criminal offenses committed on the Internet. Analysis of statistical data indicates a significant increase in this type of offenses. The main share of crimes remains unsolved due to the lack of access to stored information on the use of information systems in the databases of Internet providers, social networks and other organizations. In most cases, the attackers are located outside the country where the stolen funds are transferred. The procedural requirements imposed by the legislator do not allow prompt access to them, which entails the loss of evidence, complicates the search for criminals and stolen funds. The author formulated proposals for improving domestic legislation aimed at strengthening public policy measures in terms of protecting the constitutional rights of citizens.
{"title":"Actual problems of detection and disclosure of criminal offenses committed on the Internet","authors":"N. Imangaliyev, L. A. Temirzhanova","doi":"10.32523/2616-6844-2022-138-1-124-132","DOIUrl":"https://doi.org/10.32523/2616-6844-2022-138-1-124-132","url":null,"abstract":"The article examines the problematic issues of identifying and countering criminal offenses committed on the Internet. Analysis of statistical data indicates a significant increase in this type of offenses. The main share of crimes remains unsolved due to the lack of access to stored information on the use of information systems in the databases of Internet providers, social networks and other organizations. In most cases, the attackers are located outside the country where the stolen funds are transferred. The procedural requirements imposed by the legislator do not allow prompt access to them, which entails the loss of evidence, complicates the search for criminals and stolen funds. The author formulated proposals for improving domestic legislation aimed at strengthening public policy measures in terms of protecting the constitutional rights of 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":"122815100","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: 10.32523/2616-6844-2022-138-1-133-142
Zh. D. Seilkhanov
The article discusses the problems of qualification of economic smuggling. The article analyzes theoretical and practical gaps in the conceptual apparatus of this crime. The author conducted a study in the field of legal regulation of illegal movement of goods and other items across the customs border. The article reveals the main features of such problems of qualification of a crime under Article 234 of the Criminal Code of the Republic of Kazakhstan. At the same time, the article highlights the fact that its correct qualification is ensured not only by the application of criminal law norms but also by strict compliance with the criminal procedure law studying the theory and practice of the qualification of economic smuggling. The article considers some critical remarks concerning this point of view, taking into account the peculiarities of establishing the signs of the composition of economic smuggling and the provisions of the legislation, as well as the established expert, investigative and judicial practice. In conclusion, the authors propose ways to solve the studied problems.
{"title":"Problems of theory and practice of qualification of economic smuggling","authors":"Zh. D. Seilkhanov","doi":"10.32523/2616-6844-2022-138-1-133-142","DOIUrl":"https://doi.org/10.32523/2616-6844-2022-138-1-133-142","url":null,"abstract":"The article discusses the problems of qualification of economic smuggling. The article analyzes theoretical and practical gaps in the conceptual apparatus of this crime. The author conducted a study in the field of legal regulation of illegal movement of goods and other items across the customs border. The article reveals the main features of such problems of qualification of a crime under Article 234 of the Criminal Code of the Republic of Kazakhstan. At the same time, the article highlights the fact that its correct qualification is ensured not only by the application of criminal law norms but also by strict compliance with the criminal procedure law studying the theory and practice of the qualification of economic smuggling. The article considers some critical remarks concerning this point of view, taking into account the peculiarities of establishing the signs of the composition of economic smuggling and the provisions of the legislation, as well as the established expert, investigative and judicial practice. In conclusion, the authors propose ways to solve the studied problems.","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":"131483395","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: 10.32523/2616-6844-2019-126-1-173-180
G. A. Menzyuk, B. A. Umitchinova
{"title":"Export Controls in the System of National Security in the EAEU Member States and the USA: a Comparative Legal Analysis","authors":"G. A. Menzyuk, B. A. Umitchinova","doi":"10.32523/2616-6844-2019-126-1-173-180","DOIUrl":"https://doi.org/10.32523/2616-6844-2019-126-1-173-180","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":"125298031","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: 10.32523/2616-6844-2020-131-2-8-12
S.G. Kozhakhmetova, A. Ibrayev
{"title":"Legal aspects of the institute of protection of refugee rights","authors":"S.G. Kozhakhmetova, A. Ibrayev","doi":"10.32523/2616-6844-2020-131-2-8-12","DOIUrl":"https://doi.org/10.32523/2616-6844-2020-131-2-8-12","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":"127490945","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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