Pub Date : 1900-01-01DOI: 10.32523/2616-6844-2019-126-1-155-162
A. Serebryakov
{"title":"Inheritance of the exclusive right to work in Russian Federation and The Republic of Kazakhstan","authors":"A. Serebryakov","doi":"10.32523/2616-6844-2019-126-1-155-162","DOIUrl":"https://doi.org/10.32523/2616-6844-2019-126-1-155-162","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":"128514595","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: 10.32523/2616-6844-2019-128-3-23-30
K.Zh. Каpsalyamov, S. Каpsalyamovа, R.T. Аkkulov
{"title":"Regional cooperation and prospects for the development of Central Asia and Kazakhstan in the field of children’s rights","authors":"K.Zh. Каpsalyamov, S. Каpsalyamovа, R.T. Аkkulov","doi":"10.32523/2616-6844-2019-128-3-23-30","DOIUrl":"https://doi.org/10.32523/2616-6844-2019-128-3-23-30","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":"114264496","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":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":"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}
Pub Date : 1900-01-01DOI: 10.32523/2616-6844-2021-137-4-123-131
А. Zhumabayeva
Responsibility is an essential element of the development and functioning of society and human beings as an integral part of society. Therefore, a comprehensive scientific study of the category «duty» is of particular importance in the study of the fundamental rights and freedoms of the individual. The article discusses the various approaches of representatives of different branches of law to the definition of the concept of duty as a legal category, its essence and content. The multiplicity of theoretical views on the study of this category of law is usually reduced to two understandings of the definition of duty through a measure of due conduct and a measure of necessity. It is important to note that traditionally the category of duty was considered and studied by researchers, together with a theoretical and practical analysis of human rights and freedoms. «Duty» as a category of labour law has its own distinctive characteristics and characteristics.
{"title":"Some questions about the “duty” category in labour law","authors":"А. Zhumabayeva","doi":"10.32523/2616-6844-2021-137-4-123-131","DOIUrl":"https://doi.org/10.32523/2616-6844-2021-137-4-123-131","url":null,"abstract":"Responsibility is an essential element of the development and functioning of society and human beings as an integral part of society. Therefore, a comprehensive scientific study of the category «duty» is of particular importance in the study of the fundamental rights and freedoms of the individual. The article discusses the various approaches of representatives of different branches of law to the definition of the concept of duty as a legal category, its essence and content. The multiplicity of theoretical views on the study of this category of law is usually reduced to two understandings of the definition of duty through a measure of due conduct and a measure of necessity. It is important to note that traditionally the category of duty was considered and studied by researchers, together with a theoretical and practical analysis of human rights and freedoms. «Duty» as a category of labour law has its own distinctive characteristics and characteristics.","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":"128074540","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: 10.32523/2616-6844-2019-126-1-72-79
S. T. Kemelbekov, B. T. Buleuliev
{"title":"Some application of the norm «procedural agreement» in the Criminal procedure of the code of the Republic of Kazakhstan","authors":"S. T. Kemelbekov, B. T. Buleuliev","doi":"10.32523/2616-6844-2019-126-1-72-79","DOIUrl":"https://doi.org/10.32523/2616-6844-2019-126-1-72-79","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":"126521000","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: 10.32523/2616-6844-2022-138-1-89-100
Z. Sairambaeva, M.N. Nurtay
The article discusses various aspects of intellectual property rights protection on the territory of the member states of the Eurasian Economic Union (EAEU). The authors have also identified issues of developing mutual cooperation of the member states for the use of their intellectual property rights and for the implementation of legal regulation mechanisms in this direction. At the same time, taking into account the results of the work carried out by the Eurasian Economic Commission (EEC), the article determines common tasks and achievements of the member states in the field of intellectual property. The purpose of the scientific article is to identify legal issues and solutions through a comprehensive scientific study of regulatory legal documents regulating the protection of intellectual property rights within the EAEU, as well as legal mechanisms that can be applied in the EAEU. The scientific and practical value of this article is to demonstrate for the first time the experience of new legislative mechanisms concerning intellectual property rights within the EAEU. The article highlights practices of the EAEU application using the comparative legal method. The article defines creation of a mechanism for the protection of intellectual property in the EAEU and the functions of the Eurasian Economic Commission in this area. The article considers effective ways of regulating the rights to the protection of intellectual property objects, guided by the experience of the EAEU.
{"title":"Mechanisms for the protection of intellectual property rights within the framework of the EАЕU","authors":"Z. Sairambaeva, M.N. Nurtay","doi":"10.32523/2616-6844-2022-138-1-89-100","DOIUrl":"https://doi.org/10.32523/2616-6844-2022-138-1-89-100","url":null,"abstract":"The article discusses various aspects of intellectual property rights protection on the territory of the member states of the Eurasian Economic Union (EAEU). The authors have also identified issues of developing mutual cooperation of the member states for the use of their intellectual property rights and for the implementation of legal regulation mechanisms in this direction. At the same time, taking into account the results of the work carried out by the Eurasian Economic Commission (EEC), the article determines common tasks and achievements of the member states in the field of intellectual property. The purpose of the scientific article is to identify legal issues and solutions through a comprehensive scientific study of regulatory legal documents regulating the protection of intellectual property rights within the EAEU, as well as legal mechanisms that can be applied in the EAEU. The scientific and practical value of this article is to demonstrate for the first time the experience of new legislative mechanisms concerning intellectual property rights within the EAEU. The article highlights practices of the EAEU application using the comparative legal method. The article defines creation of a mechanism for the protection of intellectual property in the EAEU and the functions of the Eurasian Economic Commission in this area. The article considers effective ways of regulating the rights to the protection of intellectual property objects, guided by the experience of the EAEU.","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":"130983428","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: 10.32523/2616-6844-2019-127-2-28-39
А.О. Bаlgyntayev, A.К. Каnаtоv
{"title":"Problems of improving legislation on issues related to the execution of the sentence","authors":"А.О. Bаlgyntayev, A.К. Каnаtоv","doi":"10.32523/2616-6844-2019-127-2-28-39","DOIUrl":"https://doi.org/10.32523/2616-6844-2019-127-2-28-39","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":"125823424","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: 10.32523/2616-6844-2021-136-3-21-34
M. Sarsembayev, S. Sarsenova, B.S. Karazhan
The article presents an analysis of electric and autopilot products of transport and agricultural machinery plants. The «Industry 4.0» has been proposed since 2011 as the fourth industrial revolution in Europe, the USA, Japan, and other countries. Thanks to this revolution, the transport and agro-industrial sectors are an important factor contributing to the achievement of the Sustainable Development Goals. The article examines the legislative component of the regulation of the concept of «intelligent robot» in the form of a product of transport and agricultural engineering in the context of national and international law. The article also analyzes the export potential of the Republic of Kazakhstan for electric vehicles in the conditions of the country’s membership in the World Trade Organization. The authors addressed the issue of the correlation of WTO law with the law of Kazakhstan on trade in vehicles as goods. The authors formulated proposals for several adoptions of new Kazakhstan laws and new international conventions on problematic issues of production of electric and autopilot products of transport and agricultural engineering at manufacturing plants in the Republic of Kazakhstan.
{"title":"Electric vehicle and autopilot products of transport and agricultural engineering in the context of Kazakhstani and international law","authors":"M. Sarsembayev, S. Sarsenova, B.S. Karazhan","doi":"10.32523/2616-6844-2021-136-3-21-34","DOIUrl":"https://doi.org/10.32523/2616-6844-2021-136-3-21-34","url":null,"abstract":"The article presents an analysis of electric and autopilot products of transport and agricultural machinery plants. The «Industry 4.0» has been proposed since 2011 as the fourth industrial revolution in Europe, the USA, Japan, and other countries. Thanks to this revolution, the transport and agro-industrial sectors are an important factor contributing to the achievement of the Sustainable Development Goals. The article examines the legislative component of the regulation of the concept of «intelligent robot» in the form of a product of transport and agricultural engineering in the context of national and international law. The article also analyzes the export potential of the Republic of Kazakhstan for electric vehicles in the conditions of the country’s membership in the World Trade Organization. The authors addressed the issue of the correlation of WTO law with the law of Kazakhstan on trade in vehicles as goods. The authors formulated proposals for several adoptions of new Kazakhstan laws and new international conventions on problematic issues of production of electric and autopilot products of transport and agricultural engineering at manufacturing plants in the Republic of Kazakhstan.","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":"115847882","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: 10.32523/2616-6844-2021-137-4-11-19
А. Akhpanov
The article examines the theoretical, legislative, institutional, technical, and legal aspects of the administration of criminal justice related to ensuring and observing the constitutional right of a defendant to a trial by jury. Within the framework of the doctrinal interpretation of the relevant norms on this form of criminal proceedings, the article focuses on the conditionality and alternativeness of this right of the defendant. The article investigates criteria for referring criminal cases to the jurisdiction of a court with the participation of a jury. The author considers a legal assessment of legal conflicts and a gap in legal regulation arising in judicial practice in differentiating the jurisdiction of criminal cases to a court with the participation of a jury. There was considered the issue of the retroactive effect of the provisions of the law on referring to the consideration by a court with the participation of a jury of the category and composition of criminal offenses, which come into force on January 1, 2023. The author studied foreign legislation and the practice of differentiating the jurisdiction of the jury.
{"title":"Differentiation of jurisdiction and the constitutional right of the defendant to trial by jury","authors":"А. Akhpanov","doi":"10.32523/2616-6844-2021-137-4-11-19","DOIUrl":"https://doi.org/10.32523/2616-6844-2021-137-4-11-19","url":null,"abstract":"The article examines the theoretical, legislative, institutional, technical, and legal aspects of the administration of criminal justice related to ensuring and observing the constitutional right of a defendant to a trial by jury. Within the framework of the doctrinal interpretation of the relevant norms on this form of criminal proceedings, the article focuses on the conditionality and alternativeness of this right of the defendant. The article investigates criteria for referring criminal cases to the jurisdiction of a court with the participation of a jury. The author considers a legal assessment of legal conflicts and a gap in legal regulation arising in judicial practice in differentiating the jurisdiction of criminal cases to a court with the participation of a jury. There was considered the issue of the retroactive effect of the provisions of the law on referring to the consideration by a court with the participation of a jury of the category and composition of criminal offenses, which come into force on January 1, 2023. The author studied foreign legislation and the practice of differentiating the jurisdiction of the jury.","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":"124232890","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: 10.32523/2616-6844-2021-137-4-170-179
A. Bekmagambetov, A. Tabuldenov, E.Kh. Askarov
The article discusses the issues of further modeling the criminal policy of combating crime in the field of human trafficking. In this regard, it considers the issues of the constituent elements in the structure of the anticriminal state mechanism. Emphasis is placed on the relationship between criminal and criminological policy. The author has analyzed the research area. So, the author distinguishes two groups of diametrically opposite points of view of scientists: one group of opinions is the idea that criminal policy is part of the criminological one, the other point of view is the opposite. The author of this work is of the opinion about the need for further integration and interaction between various fields of knowledge, including such areas as criminology of law and criminology of criminal law (law). Based on the fundamental concepts of several scientists, the author of the publication presents the structure of criminological legislation in the field of combating crime related to human trafficking, and once again draws attention to the criminogenic gap expressed in the absence of basic anti-trafficking law. In accordance with the author’s approach, the international and national policy, consisting of criminal law, criminal procedural, criminal executive, operational-search, and forensic subsystems, should be included in the number of subsystems of the policy of combating crime related to trafficking in persons. The article notes the need for a clear reflection in the official terminological turnover within the framework of the integral conceptual and categorical apparatus of the draft Concept or the national draft of the legal policy of the Republic of Kazakhstan.
{"title":"Model and structure of the policy combating crimes related to human trafficking","authors":"A. Bekmagambetov, A. Tabuldenov, E.Kh. Askarov","doi":"10.32523/2616-6844-2021-137-4-170-179","DOIUrl":"https://doi.org/10.32523/2616-6844-2021-137-4-170-179","url":null,"abstract":"The article discusses the issues of further modeling the criminal policy of combating crime in the field of human trafficking. In this regard, it considers the issues of the constituent elements in the structure of the anticriminal state mechanism. Emphasis is placed on the relationship between criminal and criminological policy. The author has analyzed the research area. So, the author distinguishes two groups of diametrically opposite points of view of scientists: one group of opinions is the idea that criminal policy is part of the criminological one, the other point of view is the opposite. The author of this work is of the opinion about the need for further integration and interaction between various fields of knowledge, including such areas as criminology of law and criminology of criminal law (law). Based on the fundamental concepts of several scientists, the author of the publication presents the structure of criminological legislation in the field of combating crime related to human trafficking, and once again draws attention to the criminogenic gap expressed in the absence of basic anti-trafficking law. In accordance with the author’s approach, the international and national policy, consisting of criminal law, criminal procedural, criminal executive, operational-search, and forensic subsystems, should be included in the number of subsystems of the policy of combating crime related to trafficking in persons. The article notes the need for a clear reflection in the official terminological turnover within the framework of the integral conceptual and categorical apparatus of the draft Concept or the national draft of the legal policy of the Republic of Kazakhstan.","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":"134525647","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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