Pub Date : 1900-01-01DOI: 10.32523/2616-6844-2021-136-3-11-20
A. E. Abdrasulova
The official clarification of regulatory legal acts is a key stage in the implementation of the provisions and norms of national legislation. Legal regulations cannot provide for all the nuances of life circumstances, which are always more complicated than legal standards. In these circumstances, the respective subjects of legal relations are assisted by such institution as interpretation (clarification) of legal norms, filling in gaps by analogy, which also cannot be implemented without an appropriate interpretation of the rules of law. At the same time, the optimal legal consolidation of such activities in national legislation is of great importance, providing effective legal regulation of the content and procedure for clarifying regulatory legal acts. This paper shows the system of clarification of legal regulations in the Republic of Kazakhstan and the countries of the Eurasian Economic Union (hereinafter-the EAEU), identifies the problems of legislative regulation of this type of activity, suggests measures to improve the legal mechanism for the official interpretation of regulatory legal acts, including laws
{"title":"Official clarification of normative legal acts: the experience of the EAEU countries and gaps in legal regulation of the Republic of Kazakhstan","authors":"A. E. Abdrasulova","doi":"10.32523/2616-6844-2021-136-3-11-20","DOIUrl":"https://doi.org/10.32523/2616-6844-2021-136-3-11-20","url":null,"abstract":"The official clarification of regulatory legal acts is a key stage in the implementation of the provisions and norms of national legislation. Legal regulations cannot provide for all the nuances of life circumstances, which are always more complicated than legal standards. In these circumstances, the respective subjects of legal relations are assisted by such institution as interpretation (clarification) of legal norms, filling in gaps by analogy, which also cannot be implemented without an appropriate interpretation of the rules of law. At the same time, the optimal legal consolidation of such activities in national legislation is of great importance, providing effective legal regulation of the content and procedure for clarifying regulatory legal acts. This paper shows the system of clarification of legal regulations in the Republic of Kazakhstan and the countries of the Eurasian Economic Union (hereinafter-the EAEU), identifies the problems of legislative regulation of this type of activity, suggests measures to improve the legal mechanism for the official interpretation of regulatory legal acts, including laws","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":"134464569","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: 10.32523/2616-6844-2019-126-1-138-154
G. Kuanaliyeva, Z.M. Bassygarayev, G. K. Shulanbekova, N. Saulen
{"title":"The transition to a «green economy» and some problems of environmental offenses","authors":"G. Kuanaliyeva, Z.M. Bassygarayev, G. K. Shulanbekova, N. Saulen","doi":"10.32523/2616-6844-2019-126-1-138-154","DOIUrl":"https://doi.org/10.32523/2616-6844-2019-126-1-138-154","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":"134525031","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: 10.32523/2616-6844-2022-138-1-47-57
M. Sarsembayev
Corruption crime in Kazakhstan can be reduced primarily through preventive measures. In this regard, it is necessary to improve the norms of the current Criminal Code of the Republic of Kazakhstan, the Law of the Republic of November 18, 2015 «On Combating Corruption» and, in general, criminal anti-corruption legislation. The article emphasizes that the fight against corruption will be more successful if a new Kazakhstan law «On the prevention of corruption as a crime, as a social phenomenon» is developed and adopted. It is necessary to form a negative attitude towards corruption in society. It is necessary to strengthen the role of anticorruption institutions in Kazakhstan society. It is importrant to strengthen the role and importance of public councils, expert councils under the ministries and departments of the Republic, which could raise and discuss issues of an anti-corruption nature. Basic and special international anti-corruption standards are formulated by the norms of international treaties, agreements, conventions that regulate the fight against corruption. That is why the article underlines that thanks to such international standards, it is possible to prevent corruption crime and reduce its level.
{"title":"Problems of legislative prevention of corruption in Kazakhstan and international anti-corruption standards","authors":"M. Sarsembayev","doi":"10.32523/2616-6844-2022-138-1-47-57","DOIUrl":"https://doi.org/10.32523/2616-6844-2022-138-1-47-57","url":null,"abstract":"Corruption crime in Kazakhstan can be reduced primarily through preventive measures. In this regard, it is necessary to improve the norms of the current Criminal Code of the Republic of Kazakhstan, the Law of the Republic of November 18, 2015 «On Combating Corruption» and, in general, criminal anti-corruption legislation. The article emphasizes that the fight against corruption will be more successful if a new Kazakhstan law «On the prevention of corruption as a crime, as a social phenomenon» is developed and adopted. It is necessary to form a negative attitude towards corruption in society. It is necessary to strengthen the role of anticorruption institutions in Kazakhstan society. It is importrant to strengthen the role and importance of public councils, expert councils under the ministries and departments of the Republic, which could raise and discuss issues of an anti-corruption nature. Basic and special international anti-corruption standards are formulated by the norms of international treaties, agreements, conventions that regulate the fight against corruption. That is why the article underlines that thanks to such international standards, it is possible to prevent corruption crime and reduce its level.","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":"121063705","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: 10.32523/2616-6844-2019-129-4-64-75
G. Ichshanova, G. Kalieva
{"title":"International Terrorism as a global problem nowadays","authors":"G. Ichshanova, G. Kalieva","doi":"10.32523/2616-6844-2019-129-4-64-75","DOIUrl":"https://doi.org/10.32523/2616-6844-2019-129-4-64-75","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":"121197878","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: 10.32523/2616-6844-2019-126-1-34-40
Z. Ibragimov
{"title":"Problems of improving the professional legal culture of civil servants","authors":"Z. Ibragimov","doi":"10.32523/2616-6844-2019-126-1-34-40","DOIUrl":"https://doi.org/10.32523/2616-6844-2019-126-1-34-40","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":"114356579","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: 10.32523/2616-6844-2019-126-1-98-104
R.Kh. Temirgazin, E.K. Utebayev
{"title":"Fight against criminal offenses of technogenic characteristics","authors":"R.Kh. Temirgazin, E.K. Utebayev","doi":"10.32523/2616-6844-2019-126-1-98-104","DOIUrl":"https://doi.org/10.32523/2616-6844-2019-126-1-98-104","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":"127402493","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: 10.32523/2616-6844-2019-129-4-58-63
L.Ye. Nurlumbayeva
{"title":"Reception issues of the institute of writ proceedings on criminal cases","authors":"L.Ye. Nurlumbayeva","doi":"10.32523/2616-6844-2019-129-4-58-63","DOIUrl":"https://doi.org/10.32523/2616-6844-2019-129-4-58-63","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":"127542048","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: 10.32523/2616-6844-2021-136-3-52-59
G. Galiakbarova
The article discusses some issues of labor regulation of medical and pharmaceutical workers, the peculiarities of health systems in some countries of the Organization for Economic Cooperation and Development, a comparative analysis of their experience and Kazakhstan is carried out. The specificity of the legal status of medical and pharmaceutical workers is also considered, which is explained by the fact that its regulation is based not only on general norms of labor law, but also on special regulations affecting various features of the activities of this category of workers. At the same time, it is noted that the basis of the legislative regulation of the work of medical and pharmaceutical workers is the generally recognized principles and norms of international law, as well as the norms of national legislation. The article focuses on the fact that among the variety of sources concerning the legal status of various categories of workers, there is no separate comprehensive study devoted to the peculiarities of legal regulation of both medical and pharmaceutical workers, in connection with which the chosen topic of scientific research is updated.
{"title":"Comparative legal analysis of the legislation of Kazakhstan and some OECD countries on the labor peculiarities of medical and pharmaceutical workers","authors":"G. Galiakbarova","doi":"10.32523/2616-6844-2021-136-3-52-59","DOIUrl":"https://doi.org/10.32523/2616-6844-2021-136-3-52-59","url":null,"abstract":"The article discusses some issues of labor regulation of medical and pharmaceutical workers, the peculiarities of health systems in some countries of the Organization for Economic Cooperation and Development, a comparative analysis of their experience and Kazakhstan is carried out. The specificity of the legal status of medical and pharmaceutical workers is also considered, which is explained by the fact that its regulation is based not only on general norms of labor law, but also on special regulations affecting various features of the activities of this category of workers. At the same time, it is noted that the basis of the legislative regulation of the work of medical and pharmaceutical workers is the generally recognized principles and norms of international law, as well as the norms of national legislation. The article focuses on the fact that among the variety of sources concerning the legal status of various categories of workers, there is no separate comprehensive study devoted to the peculiarities of legal regulation of both medical and pharmaceutical workers, in connection with which the chosen topic of scientific research is updated.","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":"130494058","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: 10.32523/2616-6844-2022-138-1-113-123
M.A. Aldiyarkhan
The article investigates results and other relevant legal issues of the use of punishment in the form of arrest by convicts in the criminal legislation of the Republic of Kazakhstan. The current Criminal Code, adopted on July 3, 2014, states that criminal offenses, depending on the degree of public danger and punishability, are divided into crimes and criminal offenses. I conducted a study on the type of criminal punishment in the form of «arrest» used for committing a criminal offense. An explanation is also given on the concept of a crime and a criminal offense in the Criminal Code of the Republic of Kazakhstan. The article represents comparative research of the brief history and practice of applying punishment under arrest in the legislation of the Republic of Belarus and the Russian Federation, as well as in the criminal legislation of the Republic of Kazakhstan. The author makes his scientific conclusions for improving the national mechanism for applying arrest as a punishment conducting a legal analysis of national legislation and the legislation of some foreign states.
{"title":"Some vital aspects of using the arrest as a punishment in accordance with the legislation of the Republic of Kazakhstan","authors":"M.A. Aldiyarkhan","doi":"10.32523/2616-6844-2022-138-1-113-123","DOIUrl":"https://doi.org/10.32523/2616-6844-2022-138-1-113-123","url":null,"abstract":"The article investigates results and other relevant legal issues of the use of punishment in the form of arrest by convicts in the criminal legislation of the Republic of Kazakhstan. The current Criminal Code, adopted on July 3, 2014, states that criminal offenses, depending on the degree of public danger and punishability, are divided into crimes and criminal offenses. I conducted a study on the type of criminal punishment in the form of «arrest» used for committing a criminal offense. An explanation is also given on the concept of a crime and a criminal offense in the Criminal Code of the Republic of Kazakhstan. The article represents comparative research of the brief history and practice of applying punishment under arrest in the legislation of the Republic of Belarus and the Russian Federation, as well as in the criminal legislation of the Republic of Kazakhstan. The author makes his scientific conclusions for improving the national mechanism for applying arrest as a punishment conducting a legal analysis of national legislation and the legislation of some foreign states.","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":"116227764","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: 10.32523/2616-6844-2021-136-3-74-85
V. Zaibel, I. Mezhibovskaya
The article analyzes a relationship between legal norms and theological codes in the field of social protection of citizens unable to work. The authors present a scientific analytical study in terms of the interconnection, interdependence and co-relation of scientific and non-scientific - theological views in the field of obligations and legal guarantees of protection from social risks of special categories of citizens, which include children, the elderly, the disabled, women with children. There is drawn a parallel between the norms of law and moral norms, religious beliefs in terms of the fundamental commandments about proper behavior, good and evil, and legal norms governing legal relations in the field of social protection on the example of the legislation of the Republic of Kazakhstan. Theological views are investigated considering the peculiarities that take place in the main religious directions included in the catalog of world religions: Christianity, Islam, Judaism, Buddhism, Hinduism. At the same time, a significant attention is paid to Orthodox Christianity teaching. Based on the study of legislation and basic theological sources, it has been proved that many basic issues of social security for certain groups of people have been laid down as doctrinal obligations before the development of legal regulations. Religious attitudes still play a major role today.
{"title":"Doctrinal foundations of social security in the context of legal and theological regulators (case study of the Republic of Kazakhstan)","authors":"V. Zaibel, I. Mezhibovskaya","doi":"10.32523/2616-6844-2021-136-3-74-85","DOIUrl":"https://doi.org/10.32523/2616-6844-2021-136-3-74-85","url":null,"abstract":"The article analyzes a relationship between legal norms and theological codes in the field of social protection of citizens unable to work. The authors present a scientific analytical study in terms of the interconnection, interdependence and co-relation of scientific and non-scientific - theological views in the field of obligations and legal guarantees of protection from social risks of special categories of citizens, which include children, the elderly, the disabled, women with children. There is drawn a parallel between the norms of law and moral norms, religious beliefs in terms of the fundamental commandments about proper behavior, good and evil, and legal norms governing legal relations in the field of social protection on the example of the legislation of the Republic of Kazakhstan. Theological views are investigated considering the peculiarities that take place in the main religious directions included in the catalog of world religions: Christianity, Islam, Judaism, Buddhism, Hinduism. At the same time, a significant attention is paid to Orthodox Christianity teaching. Based on the study of legislation and basic theological sources, it has been proved that many basic issues of social security for certain groups of people have been laid down as doctrinal obligations before the development of legal regulations. Religious attitudes still play a major role today.","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":"126053170","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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