Pub Date : 1900-01-01DOI: 10.32523/2616-6844-2019-127-2-70-76
Zh. D. Seilkhanov
{"title":"Problems of public danger of smuggling withdrawn from circulation items or items whose circulation is limited (Article 286 of the Criminal Code of the Republic of Kazakhstan)","authors":"Zh. D. Seilkhanov","doi":"10.32523/2616-6844-2019-127-2-70-76","DOIUrl":"https://doi.org/10.32523/2616-6844-2019-127-2-70-76","url":null,"abstract":"","PeriodicalId":300299,"journal":{"name":"BULLETIN of L.N. Gumilyov Eurasian National University. Law Series","volume":"33 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":"121132616","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":"18 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":"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: 10.32523/2616-6844-2019-128-3-23-30
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":"20 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":"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: 10.32523/2616-6844-2019-126-1-72-79
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":"57 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":"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":"60 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":"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: 10.32523/2616-6844-2019-126-1-155-162
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":"8 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":"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: 10.32523/2616-6844-2021-137-4-11-19
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":"107 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":"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: 10.32523/2616-6844-2021-136-3-21-34
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":"29 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":"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: 10.32523/2616-6844-2019-127-2-28-39
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":"180 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":"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: 10.32523/2616-6844-2021-137-4-160-169
A.B. Baisultanov
The article is devoted to the subject of escape from places of deprivation of liberty, from arrest or from custody, criminal liability for committing is provided for by Art. 426 of the Criminal Code of the Republic of Kazakhstan, and its features. In addition, criminal liability is associated with the fact that it is considered as a subject only if there is a sign of a natural person, the person’s ability, during the commission of a socially dangerous act, to realize the actual nature and social danger of his actions (inaction) or to control them. Contains a full criminal law meaning about the mandatory signs of a subject who has committed a criminal offense. The controversial points of view of domestic and foreign legal scholars on various problems of this topic are analyzed, the author’s recommendations are offered. The types of the subject of a criminal offense, the definition of signs of a general and special subject are also set forth. The questions about the sign of reaching age are considered. The importance of distinguishing between sanity and insanity is considered. Proposals are given on the qualification of the escape of servicemen who have committed from the places of arrest, and the reduction of the age of the subject of the escape under aggravating circumstances. It is noted that only persons who have been taken in full compliance with the requirements of the Criminal and Criminal Procedure Laws to temporary detention centers, pre-trial detention centers, or institutions of deprivation of liberty and who have escaped from them are prosecuted for escape.
{"title":"Subject of escape from places of deprivation of Liberty, detention or protection and its signs","authors":"A.B. Baisultanov","doi":"10.32523/2616-6844-2021-137-4-160-169","DOIUrl":"https://doi.org/10.32523/2616-6844-2021-137-4-160-169","url":null,"abstract":"The article is devoted to the subject of escape from places of deprivation of liberty, from arrest or from custody, criminal liability for committing is provided for by Art. 426 of the Criminal Code of the Republic of Kazakhstan, and its features. In addition, criminal liability is associated with the fact that it is considered as a subject only if there is a sign of a natural person, the person’s ability, during the commission of a socially dangerous act, to realize the actual nature and social danger of his actions (inaction) or to control them. Contains a full criminal law meaning about the mandatory signs of a subject who has committed a criminal offense. The controversial points of view of domestic and foreign legal scholars on various problems of this topic are analyzed, the author’s recommendations are offered. The types of the subject of a criminal offense, the definition of signs of a general and special subject are also set forth. The questions about the sign of reaching age are considered. The importance of distinguishing between sanity and insanity is considered. Proposals are given on the qualification of the escape of servicemen who have committed from the places of arrest, and the reduction of the age of the subject of the escape under aggravating circumstances. It is noted that only persons who have been taken in full compliance with the requirements of the Criminal and Criminal Procedure Laws to temporary detention centers, pre-trial detention centers, or institutions of deprivation of liberty and who have escaped from them are prosecuted for escape.","PeriodicalId":300299,"journal":{"name":"BULLETIN of L.N. Gumilyov Eurasian National University. Law Series","volume":"121 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":"132235198","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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