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":"61 11","pages":"0"},"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: 10.32523/2616-6844-2021-137-4-170-179
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":"53 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":"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}
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":"108 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":"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: 10.32523/2616-6844-2019-127-2-48-61
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":"69 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":"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: 10.32523/2616-6844-2021-137-4-59-69
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":"76 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":"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":"124 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":"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: 10.32523/2616-6844-2021-136-3-98-104
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":"19 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":"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: 10.32523/2616-6844-2019-129-4-8-16
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":"42 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":"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: 10.32523/2616-6844-2021-137-4-84-97
I. Mezhibovskaya
The article provides a scientific and practical analysis of some of the international obligations of the Republic of Kazakhstan in the social and labor sphere, presented in interstate agreements ratified by Kazakhstan. At the same time, most of the international documents studied in the article are concluded within the framework of the CIS and the EAEU. The main scientific emphasis is placed on legal incidents that are fixed in contractual texts, initially condemning international bligations to the impossibility of their fulfillment, as well as on interstate obligations, the functioning of which has now lost its relevance and expediency and, therefore, are not actually performed, but at the same time preserving the legal force of priority over the laws of the Republic of Kazakhstan. Non-fulfillment or improper fulfillment of international obligations from the point of view of the country’s Constitution and international standards is unacceptable. However, such problems are now fixed in the field of pension provision, including issues of pension assignment and their payment, benefits in social benefits, medical care and social insurance, labor, employment, etc. Significant problems in the framework of international regulation and cooperation are often caused by serious differences in national legislative systems, different visions of state tasks and priorities, the lack of full-fledged scientific legal expertise in terms of unification of different national legal systems, and sometimes high-quality long-term actuarial forecasts. The article offers options for the legal resolution of some problems regarding the implementation of Kazakhstan’s international obligations.
{"title":"Legal problems of implementation of international social obligations by the Republic of Kazakhstan","authors":"I. Mezhibovskaya","doi":"10.32523/2616-6844-2021-137-4-84-97","DOIUrl":"https://doi.org/10.32523/2616-6844-2021-137-4-84-97","url":null,"abstract":"The article provides a scientific and practical analysis of some of the international obligations of the Republic of Kazakhstan in the social and labor sphere, presented in interstate agreements ratified by Kazakhstan. At the same time, most of the international documents studied in the article are concluded within the framework of the CIS and the EAEU. The main scientific emphasis is placed on legal incidents that are fixed in contractual texts, initially condemning international bligations to the impossibility of their fulfillment, as well as on interstate obligations, the functioning of which has now lost its relevance and expediency and, therefore, are not actually performed, but at the same time preserving the legal force of priority over the laws of the Republic of Kazakhstan. Non-fulfillment or improper fulfillment of international obligations from the point of view of the country’s Constitution and international standards is unacceptable. However, such problems are now fixed in the field of pension provision, including issues of pension assignment and their payment, benefits in social benefits, medical care and social insurance, labor, employment, etc. Significant problems in the framework of international regulation and cooperation are often caused by serious differences in national legislative systems, different visions of state tasks and priorities, the lack of full-fledged scientific legal expertise in terms of unification of different national legal systems, and sometimes high-quality long-term actuarial forecasts. The article offers options for the legal resolution of some problems regarding the implementation of Kazakhstan’s international obligations.","PeriodicalId":300299,"journal":{"name":"BULLETIN of L.N. Gumilyov Eurasian National University. Law Series","volume":"53 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":"133424765","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":"5 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":"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}
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