Pub Date : 1900-01-01DOI: 10.32523/2616-6844-2019-126-1-105-114
V. Shabanov, Е.К. Daurembekov
{"title":"Actual problems of application of a measure of restraint in the form of detention concerning of suspect, accused, defendant of criminal proceedings of foreign countries (the comparative and legal analysis)","authors":"V. Shabanov, Е.К. Daurembekov","doi":"10.32523/2616-6844-2019-126-1-105-114","DOIUrl":"https://doi.org/10.32523/2616-6844-2019-126-1-105-114","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":"123650128","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: 10.32523/2616-6844-2021-137-4-180-192
V. Morozov, V.V. Galkin
The article deals with controversial issues arising in the legal assessment of acts containing signs of administrative prejudice committed by persons with mental defects. The article indicates a problem of the interrelation of the norms of criminal, administrative-procedural, and criminal-procedural law. Based on the analysis of administrative legislation, the judgment is justified about the presence of gaps in the regulation of the procedure for determining the mental state of a person when he is brought to administrative responsibility and, as a result, the need to re-review the results within the framework of criminal proceedings. It is indicated that it is unacceptable to recognize a person as insane in the absence of an undelivered act in the case of an administrative offense when establishing signs of insanity for the period of committing this offense. The article considers problems of challenging the act of bringing to administrative responsibility in the framework of an initiated criminal case. It is claimed that there are signs of an unfinished crime in acts with signs of administrative prejudice. The authors have formulated proposals aimed at improving the legislation.
{"title":"Criminal legal assessment of insanity in the commission of acts with signs of administrative prejudice","authors":"V. Morozov, V.V. Galkin","doi":"10.32523/2616-6844-2021-137-4-180-192","DOIUrl":"https://doi.org/10.32523/2616-6844-2021-137-4-180-192","url":null,"abstract":"The article deals with controversial issues arising in the legal assessment of acts containing signs of administrative prejudice committed by persons with mental defects. The article indicates a problem of the interrelation of the norms of criminal, administrative-procedural, and criminal-procedural law. Based on the analysis of administrative legislation, the judgment is justified about the presence of gaps in the regulation of the procedure for determining the mental state of a person when he is brought to administrative responsibility and, as a result, the need to re-review the results within the framework of criminal proceedings. It is indicated that it is unacceptable to recognize a person as insane in the absence of an undelivered act in the case of an administrative offense when establishing signs of insanity for the period of committing this offense. The article considers problems of challenging the act of bringing to administrative responsibility in the framework of an initiated criminal case. It is claimed that there are signs of an unfinished crime in acts with signs of administrative prejudice. The authors have formulated proposals aimed at improving the legislation.","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":"124783596","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: 10.32523/2616-6844-2019-128-3-54-63
N. Abdramanova
{"title":"Analysis of statistical crime indicators in the territory of the Republic of Kazakhstan for the period from 2010 to 2018. and latent crime","authors":"N. Abdramanova","doi":"10.32523/2616-6844-2019-128-3-54-63","DOIUrl":"https://doi.org/10.32523/2616-6844-2019-128-3-54-63","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":"130429440","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: 10.32523/2616-6844-2021-137-4-98-109
M.K. Khassenov
The article presents the results of a study of the legal basis for the labor activity of medical and pharmaceutical workers in some states that are members of the Organization for Economic Cooperation and Development (hereinafter - OECD). The author provides general features and specifics of labor regulation models in the healthcare sector. The article analyzes legislation and law enforcement. Thus, the European (continental) and Anglo-American models stand out, which differ in the direction of regulation. The first model is distinguished by the social orientation of labor regulation and public law regulation of disciplinary liability issues through quasi-state bodies of control and supervision. Whereas the second model provides for more autonomy to the parties to labor relations in establishing working conditions and private law regulation of disciplinary liability issues through self-regulatory professional organizations. The second model is more flexible, allowing more freedom to build labor relations with medical and pharmaceutical personnel, contributing to the development of the market for medical services and the efficiency of the health care system. The article substantiates the need for the reception of individual institutions and norms of labor and medical law of the states in question in the legislation of the Republic of Kazakhstan. In particular, there is a need for an independent law regulating the legal status of medical and pharmaceutical workers by analogy with foreign laws on the regulation of medical professions, in order to differentiate the norms that establish the specifics of the application of disciplinary measures, compliance with professional ethics and quality standards.
{"title":"Some issues of labor regulation of medical and pharmaceutical workers in selected OECD countries","authors":"M.K. Khassenov","doi":"10.32523/2616-6844-2021-137-4-98-109","DOIUrl":"https://doi.org/10.32523/2616-6844-2021-137-4-98-109","url":null,"abstract":"The article presents the results of a study of the legal basis for the labor activity of medical and pharmaceutical workers in some states that are members of the Organization for Economic Cooperation and Development (hereinafter - OECD). The author provides general features and specifics of labor regulation models in the healthcare sector. The article analyzes legislation and law enforcement. Thus, the European (continental) and Anglo-American models stand out, which differ in the direction of regulation. The first model is distinguished by the social orientation of labor regulation and public law regulation of disciplinary liability issues through quasi-state bodies of control and supervision. Whereas the second model provides for more autonomy to the parties to labor relations in establishing working conditions and private law regulation of disciplinary liability issues through self-regulatory professional organizations. The second model is more flexible, allowing more freedom to build labor relations with medical and pharmaceutical personnel, contributing to the development of the market for medical services and the efficiency of the health care system. The article substantiates the need for the reception of individual institutions and norms of labor and medical law of the states in question in the legislation of the Republic of Kazakhstan. In particular, there is a need for an independent law regulating the legal status of medical and pharmaceutical workers by analogy with foreign laws on the regulation of medical professions, in order to differentiate the norms that establish the specifics of the application of disciplinary measures, compliance with professional ethics and quality standards.","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":"129579527","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: 10.32523/2616-6844-2019-129-4-51-57
S. Enkhtsétség
{"title":"The constitutional review in the worldwide countries, issues of development and improvement","authors":"S. Enkhtsétség","doi":"10.32523/2616-6844-2019-129-4-51-57","DOIUrl":"https://doi.org/10.32523/2616-6844-2019-129-4-51-57","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":"128970756","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: 10.32523/2616-6844-2019-126-1-115-122
S. Zharkenova
{"title":"Some topical issues of improving the Labor legislation of the Republic of Kazakhstan","authors":"S. Zharkenova","doi":"10.32523/2616-6844-2019-126-1-115-122","DOIUrl":"https://doi.org/10.32523/2616-6844-2019-126-1-115-122","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":"129241307","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: 10.32523/2616-6844-2019-127-2-93-104
D. S. Turabayeva
{"title":"Family mediation: world experience and development prospects in the Republics of Kazakhstan and the Kyrgyz Republic","authors":"D. S. Turabayeva","doi":"10.32523/2616-6844-2019-127-2-93-104","DOIUrl":"https://doi.org/10.32523/2616-6844-2019-127-2-93-104","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":"121122001","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: 10.32523/2616-6844-2019-128-3-42-53
A. Nurmagambetov, S. Nurmagambetova
{"title":"Legal problems of application of judicial precedent in the legal system of the Republic of Kazakhstan","authors":"A. Nurmagambetov, S. Nurmagambetova","doi":"10.32523/2616-6844-2019-128-3-42-53","DOIUrl":"https://doi.org/10.32523/2616-6844-2019-128-3-42-53","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":"124568837","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: 10.32523/2616-6844-2021-137-4-193-199
A. Tleubayev, B. Taubayev
The article considers the powers of probation officers and their functions throughout Kazakhstan, namely powers and functions of bodies carrying out pre-trial, judicial, penitentiary, and post-penitentiary probation. At the same time, a special emphasis of the study was placed on the activities of probation officers at the pre-trial and judicial stages of control. The object of the study and the area of research was the functions related to the participation of probation officers in the pre-trial process, namely the functions and what they include. There were raised several questions such as probation officers’ role in the investigation and observing controlled ones, which functions of the employees of the service are key, and which are secondary. Furthermore, we considered the role-play of the probation officer within the trial, namely, the article considers the officer’s functions, obligations, authority, forms of participation, the main formal features of participation. Moreover, we also considered officers’ personality reports and participation conditions in the trial. Specific attention in the research was given to the study of advanced countries’ experience in the scope of their progressive probation-related background, legislation, and practice. Countries such as the USA and the UK were successful to apply their experience fitting it to the domestic conditions.
{"title":"Authority of probation officers in some foreign countries and issues of application of best practices in the Republic of Kazakhstan","authors":"A. Tleubayev, B. Taubayev","doi":"10.32523/2616-6844-2021-137-4-193-199","DOIUrl":"https://doi.org/10.32523/2616-6844-2021-137-4-193-199","url":null,"abstract":"The article considers the powers of probation officers and their functions throughout Kazakhstan, namely powers and functions of bodies carrying out pre-trial, judicial, penitentiary, and post-penitentiary probation. At the same time, a special emphasis of the study was placed on the activities of probation officers at the pre-trial and judicial stages of control. The object of the study and the area of research was the functions related to the participation of probation officers in the pre-trial process, namely the functions and what they include. There were raised several questions such as probation officers’ role in the investigation and observing controlled ones, which functions of the employees of the service are key, and which are secondary. Furthermore, we considered the role-play of the probation officer within the trial, namely, the article considers the officer’s functions, obligations, authority, forms of participation, the main formal features of participation. Moreover, we also considered officers’ personality reports and participation conditions in the trial. Specific attention in the research was given to the study of advanced countries’ experience in the scope of their progressive probation-related background, legislation, and practice. Countries such as the USA and the UK were successful to apply their experience fitting it to the domestic conditions.","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":"122531939","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: 10.32523/2616-6844-2022-138-1-8-18
А.Б. Садвокасов
Within the framework of the current legal reforms, the streamlining of the rule-making system and the systematization of normative legal acts are of particular importance. An urgent issue remains the need to develop high-quality draft regulatory legal acts, adjust or cancel outdated norms, use foreign experience in norm-making. At the same time, the development of the national system of rule-making is impossible without taking into account the established scientific theories and ideas. Often, when developing legal norms, the principles of rule-making are declared, but they do not fill the provisions of a normative legal act with their content. There are isolated cases of appeal of bodies-developers of draft regulatory legal acts to fundamental scientific research, statistical data, and sociological research. As a result, the quality of regulations suffers, and conflicts and gaps arise. The article focuses on the issue of normative consolidation of the principles of rulemaking in the legislation of the Republic of Kazakhstan. The study is based on the study of the experience of post-Soviet countries. There are considered and analyzed the most common principles of rule-making. The article suggests measures to improve the national legislation in the field of rule-making activities, including by proving the need to introduce the principles of rule-making into the domestic practice of developing draft normative legal acts. At the same time, the emphasis is placed on the need to consolidate the principles of rule – making at the level of a legislative act - the Law of the Republic of Kazakhstan «On Legal Acts». This approach will make it possible to oblige all subjects of the rule-making process to use the principles of rule-making at the stage of developing a draft regulatory legal act.
{"title":"On the prospects for introducing the principles of rule-making into the legislation of the Republic of Kazakhstan","authors":"А.Б. Садвокасов","doi":"10.32523/2616-6844-2022-138-1-8-18","DOIUrl":"https://doi.org/10.32523/2616-6844-2022-138-1-8-18","url":null,"abstract":"Within the framework of the current legal reforms, the streamlining of the rule-making system and the systematization of normative legal acts are of particular importance. An urgent issue remains the need to develop high-quality draft regulatory legal acts, adjust or cancel outdated norms, use foreign experience in norm-making. At the same time, the development of the national system of rule-making is impossible without taking into account the established scientific theories and ideas. Often, when developing legal norms, the principles of rule-making are declared, but they do not fill the provisions of a normative legal act with their content. There are isolated cases of appeal of bodies-developers of draft regulatory legal acts to fundamental scientific research, statistical data, and sociological research. As a result, the quality of regulations suffers, and conflicts and gaps arise. The article focuses on the issue of normative consolidation of the principles of rulemaking in the legislation of the Republic of Kazakhstan. The study is based on the study of the experience of post-Soviet countries. There are considered and analyzed the most common principles of rule-making. The article suggests measures to improve the national legislation in the field of rule-making activities, including by proving the need to introduce the principles of rule-making into the domestic practice of developing draft normative legal acts. At the same time, the emphasis is placed on the need to consolidate the principles of rule – making at the level of a legislative act - the Law of the Republic of Kazakhstan «On Legal Acts». This approach will make it possible to oblige all subjects of the rule-making process to use the principles of rule-making at the stage of developing a draft regulatory legal act.","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":"123411752","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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