Pub Date : 1900-01-01DOI: 10.32523/2616-6844-2021-137-4-110-122
K. Belozerova
The article under consideration, using the example of the labor legislation of the Russian Federation, describes the procedure for applying certain provisions of regulatory legal acts to regulate the work of employees who are foreign citizens and stateless persons, in cases where the application of such norms involves administrative procedures, including those in force in the state of the employer for foreign citizens and stateless persons. As part of the consideration of this issue, the impact of administrative procedures, primarily provided for in the Russian Federation by migration legislation and legislation on the legal status of foreign citizens and stateless persons, on the application of labor law norms, the impact of the status of a foreign citizen and a stateless person on the mechanism of action of labor law norms, the achievement of the goals of their application is determined. Based on the analysis, it is concluded that their actions are conditional in relation to employees who are foreign citizens and stateless persons, and in some cases, the creation of prerequisites for discrimination by such a mechanism of action both in relation to a special category of employees and in relation to employees who are Russian citizens. In some cases, the regulatory regulation provided for by the legislation of the Republic of Kazakhstan is considered as a more successful option of adaptation within the framework of the implementation of administrative procedures of the legal status of a foreign citizen to the status of an employee.
{"title":"Conditionality of the application of certain labor law norms to regulate the work of foreign workers","authors":"K. Belozerova","doi":"10.32523/2616-6844-2021-137-4-110-122","DOIUrl":"https://doi.org/10.32523/2616-6844-2021-137-4-110-122","url":null,"abstract":"The article under consideration, using the example of the labor legislation of the Russian Federation, describes the procedure for applying certain provisions of regulatory legal acts to regulate the work of employees who are foreign citizens and stateless persons, in cases where the application of such norms involves administrative procedures, including those in force in the state of the employer for foreign citizens and stateless persons. As part of the consideration of this issue, the impact of administrative procedures, primarily provided for in the Russian Federation by migration legislation and legislation on the legal status of foreign citizens and stateless persons, on the application of labor law norms, the impact of the status of a foreign citizen and a stateless person on the mechanism of action of labor law norms, the achievement of the goals of their application is determined. Based on the analysis, it is concluded that their actions are conditional in relation to employees who are foreign citizens and stateless persons, and in some cases, the creation of prerequisites for discrimination by such a mechanism of action both in relation to a special category of employees and in relation to employees who are Russian citizens. In some cases, the regulatory regulation provided for by the legislation of the Republic of Kazakhstan is considered as a more successful option of adaptation within the framework of the implementation of administrative procedures of the legal status of a foreign citizen to the status of an employee.","PeriodicalId":300299,"journal":{"name":"BULLETIN of L.N. Gumilyov Eurasian National University. Law Series","volume":"25 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":"114553219","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: 10.32523/2616-6844-2019-127-2-8-14
K.Zh. Каpsalyamov, S. Каpsalyamovа
{"title":"Organizational and legal strategy of digitalization of the Ministry of Finance of Kazakhstan","authors":"K.Zh. Каpsalyamov, S. Каpsalyamovа","doi":"10.32523/2616-6844-2019-127-2-8-14","DOIUrl":"https://doi.org/10.32523/2616-6844-2019-127-2-8-14","url":null,"abstract":"","PeriodicalId":300299,"journal":{"name":"BULLETIN of L.N. Gumilyov Eurasian National University. Law Series","volume":"127 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":"124222279","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: 10.32523/2616-6844-2021-137-4-53-58
А.А. Gridchin, V. V. Saraev, А.B. Toxanbayev
The article examines issues related to terrorist attacks against participants in sports events, both the athletes themselves and the spectators. The article presents a brief analysis of the existing mechanisms of international law enforcement cooperation. The main aims are to strengthen the interaction of international organizations, national bodies responsible for law enforcement, and sports organizations.
{"title":"International security enhancement instruments and the prevention of terrorist attacks during sports competitions","authors":"А.А. Gridchin, V. V. Saraev, А.B. Toxanbayev","doi":"10.32523/2616-6844-2021-137-4-53-58","DOIUrl":"https://doi.org/10.32523/2616-6844-2021-137-4-53-58","url":null,"abstract":"The article examines issues related to terrorist attacks against participants in sports events, both the athletes themselves and the spectators. The article presents a brief analysis of the existing mechanisms of international law enforcement cooperation. The main aims are to strengthen the interaction of international organizations, national bodies responsible for law enforcement, and sports organizations.","PeriodicalId":300299,"journal":{"name":"BULLETIN of L.N. Gumilyov Eurasian National University. Law Series","volume":"34 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":"121763018","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: 10.32523/2616-6844-2019-128-3-92-104
R.A. Orsaeva, A. Suleimenov
{"title":"Domestic criminal rejection of man: the problem of pedophilia and punishment for them (criminal law qualification of violence against young child)","authors":"R.A. Orsaeva, A. Suleimenov","doi":"10.32523/2616-6844-2019-128-3-92-104","DOIUrl":"https://doi.org/10.32523/2616-6844-2019-128-3-92-104","url":null,"abstract":"","PeriodicalId":300299,"journal":{"name":"BULLETIN of L.N. Gumilyov Eurasian National University. Law Series","volume":"83 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":"123350554","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: 10.32523/2616-6844-2019-126-1-123-129
M. Zhumanova, L. I. Kussainova
{"title":"Types of regulation and supervision of the financial activity in Kazakhstan","authors":"M. Zhumanova, L. I. Kussainova","doi":"10.32523/2616-6844-2019-126-1-123-129","DOIUrl":"https://doi.org/10.32523/2616-6844-2019-126-1-123-129","url":null,"abstract":"","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":"128794334","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: 10.32523/2616-6844-2019-129-4-43-50
A.S. Maikanov
{"title":"International cooperation of the Republic of Kazakhstan in countering the financing of terrorism","authors":"A.S. Maikanov","doi":"10.32523/2616-6844-2019-129-4-43-50","DOIUrl":"https://doi.org/10.32523/2616-6844-2019-129-4-43-50","url":null,"abstract":"","PeriodicalId":300299,"journal":{"name":"BULLETIN of L.N. Gumilyov Eurasian National University. Law Series","volume":"7 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":"117109121","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: 10.32523/2616-6844-2021-137-4-28-35
M. Kulbayeva
In the article, the author analyzes the norms of the current legislation about restrictions on the constitutional rights of the individual when the investigating judge authorizes such a measure of procedural coercion as the seizure of property. There were studied statistical data on the onsideration by investigating judges of applications for the authorization of the seizure of property and the amount of compensation for the established amount of material damage. The article investigates the determinants of the tendency to increase the total amount of compensation for material damage caused by a crime in comparison with the previous period. In addition to the level of inflation, the author has evaluated the coronavirus pandemic, the effectiveness of the investigative courts. The author substantiates the conclusion that it is necessary to introduce into the national legislation of the Republic of Kazakhstan recommendations for its improvement, based on the judicial precedents of the European Court of Justice in cases of seizure of property. It is noted that it is necessary to regulate a separate procedural order of the seized property, which has specific features. In addition, proposals are made to resolve other issues presented in the article.
{"title":"Issues of restricting the constitutional rights of the individual when authorizing the arrest of property by the investigating judge","authors":"M. Kulbayeva","doi":"10.32523/2616-6844-2021-137-4-28-35","DOIUrl":"https://doi.org/10.32523/2616-6844-2021-137-4-28-35","url":null,"abstract":"In the article, the author analyzes the norms of the current legislation about restrictions on the constitutional rights of the individual when the investigating judge authorizes such a measure of procedural coercion as the seizure of property. There were studied statistical data on the onsideration by investigating judges of applications for the authorization of the seizure of property and the amount of compensation for the established amount of material damage. The article investigates the determinants of the tendency to increase the total amount of compensation for material damage caused by a crime in comparison with the previous period. In addition to the level of inflation, the author has evaluated the coronavirus pandemic, the effectiveness of the investigative courts. The author substantiates the conclusion that it is necessary to introduce into the national legislation of the Republic of Kazakhstan recommendations for its improvement, based on the judicial precedents of the European Court of Justice in cases of seizure of property. It is noted that it is necessary to regulate a separate procedural order of the seized property, which has specific features. In addition, proposals are made to resolve other issues presented in the article.","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":"125761882","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: 10.32523/2616-6844-2019-126-1-8-19
K. A. Bakishev, B. M. Nurgaliev
{"title":"About improvement of system of measures of traffic safety","authors":"K. A. Bakishev, B. M. Nurgaliev","doi":"10.32523/2616-6844-2019-126-1-8-19","DOIUrl":"https://doi.org/10.32523/2616-6844-2019-126-1-8-19","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":"132118681","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: 10.32523/2616-6844-2019-127-2-124-130
S.K. Panov
{"title":"On the issue of the effectiveness of the Universal Periodic Review","authors":"S.K. Panov","doi":"10.32523/2616-6844-2019-127-2-124-130","DOIUrl":"https://doi.org/10.32523/2616-6844-2019-127-2-124-130","url":null,"abstract":"","PeriodicalId":300299,"journal":{"name":"BULLETIN of L.N. Gumilyov Eurasian National University. Law Series","volume":"135 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":"134021070","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: 10.32523/2616-6844-2022-138-1-143-154
M. Talan, K. I. Nagornov
In this paper, the readers are presented with the results of a comparative study of the KazakhRussian experience in terms of the legal regulation of compulsory measures of educational influence imposed on minors who have committed acts prohibited by criminal law. Based on the analysis of the provisions of criminal legislation and explanations of the highest judicial instances of the Soviet and post-Soviet periods, the article describes the types, grounds and conditions, the procedure for the application of compulsory education measures in the two states, defines their common and distinctive features, as well as disadvantages and advantages. The objectives of the study were to assess the development of legal provisions in the studied part, as well as to determine the most optimal and effective model for describing coercive measures of educational influence in criminal law. Based on the results of the study, conclusions were formulated aimed at improving the criminal legal basis of compulsory measures of educational influence in Kazakhstan and Russia.
{"title":"Compulsory measures of educational influence applied to minors who have committed acts prohibited by criminal law: a comparative study of the Kazakh-Russian experience","authors":"M. Talan, K. I. Nagornov","doi":"10.32523/2616-6844-2022-138-1-143-154","DOIUrl":"https://doi.org/10.32523/2616-6844-2022-138-1-143-154","url":null,"abstract":"In this paper, the readers are presented with the results of a comparative study of the KazakhRussian experience in terms of the legal regulation of compulsory measures of educational influence imposed on minors who have committed acts prohibited by criminal law. Based on the analysis of the provisions of criminal legislation and explanations of the highest judicial instances of the Soviet and post-Soviet periods, the article describes the types, grounds and conditions, the procedure for the application of compulsory education measures in the two states, defines their common and distinctive features, as well as disadvantages and advantages. The objectives of the study were to assess the development of legal provisions in the studied part, as well as to determine the most optimal and effective model for describing coercive measures of educational influence in criminal law. Based on the results of the study, conclusions were formulated aimed at improving the criminal legal basis of compulsory measures of educational influence in Kazakhstan and Russia.","PeriodicalId":300299,"journal":{"name":"BULLETIN of L.N. Gumilyov Eurasian National University. Law Series","volume":"34 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":"124024363","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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