Pub Date : 1900-01-01DOI: 10.32523/2616-6844-2019-126-1-48-56
A. Аronov
{"title":"Corruption in international investment arbitration","authors":"A. Аronov","doi":"10.32523/2616-6844-2019-126-1-48-56","DOIUrl":"https://doi.org/10.32523/2616-6844-2019-126-1-48-56","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":"132782774","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":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":"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}
Pub Date : 1900-01-01DOI: 10.32523/2616-6844-2019-127-2-48-61
R. A. Muratova, B. M. Zhugralina
{"title":"Socio-economic and legal issues of drug addiction in youth environment","authors":"R. A. Muratova, B. M. Zhugralina","doi":"10.32523/2616-6844-2019-127-2-48-61","DOIUrl":"https://doi.org/10.32523/2616-6844-2019-127-2-48-61","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":"124601221","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: 10.32523/2616-6844-2019-127-2-62-69
B. R. Sembekova
{"title":"Tactics - criminalistic ensuring counteraction to criminal offenses of terrorist orientation","authors":"B. R. Sembekova","doi":"10.32523/2616-6844-2019-127-2-62-69","DOIUrl":"https://doi.org/10.32523/2616-6844-2019-127-2-62-69","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":"124853025","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: 10.32523/2616-6844-2021-136-3-98-104
V.V. Djafarov
The article considers problems of substantiating certain types of decisions in the criminal process. The author’s views are based on recent changes in the criminal procedure legislation of the Republic of Kazakhstan and the existing experience of the Russian Federation. The article focuses on provisions of the current criminal procedure code of the Republic of Kazakhstan. The author refers to Russian proceduralists whose works are devoted to the problems of studying the validity of procedural decisions at the pre-trial stage. The author indicated types of decisions, which are not recognized as criminal procedural, but for which justification should be a mandatory criterion according to the criminal procedural legislation of the Republic of Kazakhstan. The article provisions justify the need to enshrine the definition of «reasonableness» in the Criminal Procedure Code of the Republic of Kazakhstan as a mandatory requirement that must be met when taking decisions by the prosecuting authorities.
{"title":"The essence and problems of substantiating certain types of decisions in criminal proceedings","authors":"V.V. Djafarov","doi":"10.32523/2616-6844-2021-136-3-98-104","DOIUrl":"https://doi.org/10.32523/2616-6844-2021-136-3-98-104","url":null,"abstract":"The article considers problems of substantiating certain types of decisions in the criminal process. The author’s views are based on recent changes in the criminal procedure legislation of the Republic of Kazakhstan and the existing experience of the Russian Federation. The article focuses on provisions of the current criminal procedure code of the Republic of Kazakhstan. The author refers to Russian proceduralists whose works are devoted to the problems of studying the validity of procedural decisions at the pre-trial stage. The author indicated types of decisions, which are not recognized as criminal procedural, but for which justification should be a mandatory criterion according to the criminal procedural legislation of the Republic of Kazakhstan. The article provisions justify the need to enshrine the definition of «reasonableness» in the Criminal Procedure Code of the Republic of Kazakhstan as a mandatory requirement that must be met when taking decisions by the prosecuting authorities.","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":"121381121","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: 10.32523/2616-6844-2021-137-4-59-69
Zh. Zukay, Z. Iskakova
The article attempts to conduct a comprehensive analysis of the international legal aspects of the status of the Shanghai Cooperation Organization as an international regional organization. It examines and systematizes the available data. It studies the scientific approaches of researchers on this issue and analyzes the legal framework and internal organizational mechanisms of the SCO functioning, and its institutional development.
{"title":"The issue of determining the legal status of the Shanghai Cooperation Organization","authors":"Zh. Zukay, Z. Iskakova","doi":"10.32523/2616-6844-2021-137-4-59-69","DOIUrl":"https://doi.org/10.32523/2616-6844-2021-137-4-59-69","url":null,"abstract":"The article attempts to conduct a comprehensive analysis of the international legal aspects of the status of the Shanghai Cooperation Organization as an international regional organization. It examines and systematizes the available data. It studies the scientific approaches of researchers on this issue and analyzes the legal framework and internal organizational mechanisms of the SCO functioning, and its institutional development.","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":"116982743","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: 10.32523/2616-6844-2021-137-4-149-159
O. Shcherbakova
The employment sphere, being one of the most significant segments of society, is undergoing changes in the context of the use of new digital technologies. Due to the specifics of the education sector, electronic forms of interaction between an employee and an employer in the digital economy are of particular interest on the example of scientific and pedagogical workers of modern universities, especially in terms of the existence of factors that impede the digital transformation of the employment sector. The purpose of the study was to determine the legal possibility of introducing the practice of electronic forms of interaction between employees and employers on the example of scientific and pedagogical workers of modern universities. The work used the methodology of a comprehensive study, including methods of document analysis, comparative analysis, secondary use of sociological, economic and medical data. The results of the study show that the education sector in the Russian Federation is not an advanced industry for the introduction of digital technologies. However, according to research data, educational institutions of higher education are actively introducing electronic services and resources into their activities: electronic library systems (97.8%), electronic versions of textbooks (95.8%), training computer programs on certain subjects or topics (92, 3%), as well as special software for solving specific tasks - 90.8%, electronic document management systems - 84.1%. The specifics of work in educational organizations determine the need for the development and implementation of specific digital transformation tools in modern universities.
{"title":"Electronic forms of interaction between an employee and an employer in the digital economy on the example of scientific and pedagogical workers of modern universities in the Russian Federation","authors":"O. Shcherbakova","doi":"10.32523/2616-6844-2021-137-4-149-159","DOIUrl":"https://doi.org/10.32523/2616-6844-2021-137-4-149-159","url":null,"abstract":"The employment sphere, being one of the most significant segments of society, is undergoing changes in the context of the use of new digital technologies. Due to the specifics of the education sector, electronic forms of interaction between an employee and an employer in the digital economy are of particular interest on the example of scientific and pedagogical workers of modern universities, especially in terms of the existence of factors that impede the digital transformation of the employment sector. The purpose of the study was to determine the legal possibility of introducing the practice of electronic forms of interaction between employees and employers on the example of scientific and pedagogical workers of modern universities. The work used the methodology of a comprehensive study, including methods of document analysis, comparative analysis, secondary use of sociological, economic and medical data. The results of the study show that the education sector in the Russian Federation is not an advanced industry for the introduction of digital technologies. However, according to research data, educational institutions of higher education are actively introducing electronic services and resources into their activities: electronic library systems (97.8%), electronic versions of textbooks (95.8%), training computer programs on certain subjects or topics (92, 3%), as well as special software for solving specific tasks - 90.8%, electronic document management systems - 84.1%. The specifics of work in educational organizations determine the need for the development and implementation of specific digital transformation tools in modern universities.","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":"128079794","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: 10.32523/2616-6844-2019-129-4-8-16
I. K. Amerkhanova, E.S. Mayshekina
{"title":"Legal assesment of the problems of internal migration in the Republic of Kazakhstan","authors":"I. K. Amerkhanova, E.S. Mayshekina","doi":"10.32523/2616-6844-2019-129-4-8-16","DOIUrl":"https://doi.org/10.32523/2616-6844-2019-129-4-8-16","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":"131674682","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: 10.32523/2616-6844-2022-138-1-58-68
S. Tlepina, U.M. Tolegenova
Using a theoretical analysis, the article presents examples of international universities of the countries that founded international universities in Kazakhstan. An analysis of the legal regulation of the establishment of international universities in our country and their activities with universities from countries in cooperation with which international universities have been established in our country is particularly in demand - the Republic of Turkey, the Federal Republic of Germany, the United Kingdom of Great Britain and Northern Ireland, and the French Republic. It examines the trends in the development of the world educational space, which are responsible for structural and institutional changes in higher education through international cooperation and a dialogue of cultures. The article also identifies some characteristics of higher education in countries such as Great Britain, Russia, France, Germany, and Turkey. The review of intergovernmental agreements examined the obligations and rights of the parties to agreements on the dynamic functioning and funding of these international universities. As a result of an analysis of the legal basis for the establishment of international universities, as well as the laws governing higher education in the above states, the authors draw conclusions concerning the results of international universities in the Republic of Kazakhstan.
{"title":"Legal regulation of the creation and activities of international universities in the founding countries of international universities in the Republic of Kazakhstan","authors":"S. Tlepina, U.M. Tolegenova","doi":"10.32523/2616-6844-2022-138-1-58-68","DOIUrl":"https://doi.org/10.32523/2616-6844-2022-138-1-58-68","url":null,"abstract":"Using a theoretical analysis, the article presents examples of international universities of the countries that founded international universities in Kazakhstan. An analysis of the legal regulation of the establishment of international universities in our country and their activities with universities from countries in cooperation with which international universities have been established in our country is particularly in demand - the Republic of Turkey, the Federal Republic of Germany, the United Kingdom of Great Britain and Northern Ireland, and the French Republic. It examines the trends in the development of the world educational space, which are responsible for structural and institutional changes in higher education through international cooperation and a dialogue of cultures. The article also identifies some characteristics of higher education in countries such as Great Britain, Russia, France, Germany, and Turkey. The review of intergovernmental agreements examined the obligations and rights of the parties to agreements on the dynamic functioning and funding of these international universities. As a result of an analysis of the legal basis for the establishment of international universities, as well as the laws governing higher education in the above states, the authors draw conclusions concerning the results of international universities 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":"131049033","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: 10.31618/2658-5197-2020-52-6-2
H. Mammadov, Z. Mammadova
This article is devoted to the problems of mutual influence and interaction of international law and religion. In particular, it examines the development of international law and the sources of religion. In addition, which areas of international law are most developed under the influence of religious provisions. The history of international law knows various theories under which international law has improved. The article provides a detailed analysis of these theories and views, noting the institutions of international law that arose directly under the influence of religion. For example, it is noted that under the influence of Relia, the UN Charter codifies the basic principles of international law, etc. In addition, it shows the challenges of religion to international law and relations in the era of globalization in the twenty-first century, which led even to the undermining of modern international relations and traditional religious concepts caused by the " return of religion” in international relations; secondly, it presents and discusses the research path of religion and international relations. Finally, a brief analysis of the 2 impact of the global revival of religion and the ”return of religion" in international law and international relations has been carried out
{"title":"Relationship between international law and religion","authors":"H. Mammadov, Z. Mammadova","doi":"10.31618/2658-5197-2020-52-6-2","DOIUrl":"https://doi.org/10.31618/2658-5197-2020-52-6-2","url":null,"abstract":"This article is devoted to the problems of mutual influence and interaction of international law and religion. In particular, it examines the development of international law and the sources of religion. In addition, which areas of international law are most developed under the influence of religious provisions. The history of international law knows various theories under which international law has improved. The article provides a detailed analysis of these theories and views, noting the institutions of international law that arose directly under the influence of religion. For example, it is noted that under the influence of Relia, the UN Charter codifies the basic principles of international law, etc. In addition, it shows the challenges of religion to international law and relations in the era of globalization in the twenty-first century, which led even to the undermining of modern international relations and traditional religious concepts caused by the \" return of religion” in international relations; secondly, it presents and discusses the research path of religion and international relations. Finally, a brief analysis of the 2 impact of the global revival of religion and the ”return of religion\" in international law and international relations has been carried out","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":"115689748","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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