Pub Date : 1900-01-01DOI: 10.32523/2616-6844-2021-136-3-105-112
E.A. Ongarbayev, B. R. Sembekova
The article considers issues of legal security through the modernization of criminal law, criminal procedure and criminal execution norms aimed at improving the criminal policy of the Republic of Kazakhstan. The authors carried out an analysis of norms of criminal law, criminal procedural, and criminal executive legislation of the Republic of Kazakhstan. The article highlights some innovations in a comparative aspect, indicating promising directions, ensuring the effectiveness of their application and implementation in law enforcement activity of the subjects of proof. The article reveals mechanisms of criminal policy improvement based on the system-complex approach and application of comparative-legal analysis. System-complex approach has been considered in terms of disclosure of material and procedural norms, determining comprehensiveness, completeness, and objectivity of regular processes of interaction, reflection, and manifestation of objective-subjective factors of formation and development of criminal activity. The mechanism of criminal activity has been disclosed in terms of regulation and management of the process of detection, investigation and prevention based on the principles of legality, objectivity and completeness in the pre-trial and trial processes that determine the factors of implementation of the classification basis of criminal offenses. Comparative legal analysis determined the effectiveness and efficiency of mechanisms to improve criminal policy based on the analysis of theoretical research and practice of foreign countries.
{"title":"Criminal policy in the legal security system","authors":"E.A. Ongarbayev, B. R. Sembekova","doi":"10.32523/2616-6844-2021-136-3-105-112","DOIUrl":"https://doi.org/10.32523/2616-6844-2021-136-3-105-112","url":null,"abstract":"The article considers issues of legal security through the modernization of criminal law, criminal procedure and criminal execution norms aimed at improving the criminal policy of the Republic of Kazakhstan. The authors carried out an analysis of norms of criminal law, criminal procedural, and criminal executive legislation of the Republic of Kazakhstan. The article highlights some innovations in a comparative aspect, indicating promising directions, ensuring the effectiveness of their application and implementation in law enforcement activity of the subjects of proof. The article reveals mechanisms of criminal policy improvement based on the system-complex approach and application of comparative-legal analysis. System-complex approach has been considered in terms of disclosure of material and procedural norms, determining comprehensiveness, completeness, and objectivity of regular processes of interaction, reflection, and manifestation of objective-subjective factors of formation and development of criminal activity. The mechanism of criminal activity has been disclosed in terms of regulation and management of the process of detection, investigation and prevention based on the principles of legality, objectivity and completeness in the pre-trial and trial processes that determine the factors of implementation of the classification basis of criminal offenses. Comparative legal analysis determined the effectiveness and efficiency of mechanisms to improve criminal policy based on the analysis of theoretical research and practice of foreign countries.","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":"131949430","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: 10.32523/2616-6844-2021-136-3-60-73
S. Zhetpisov, B. Nurgazinov, A. Boretskiy
The article contains an analysis of the current situation in the field of labor migration in the member states of the Eurasian Economic Union (EAEU), complicated by restrictions on free movement due to the COVID-19 coronavirus pandemic. It is stated that against the background of the pandemic, the vulnerability of the labor market was most pronounced, exposing the problems of weak legal regulation, manifested in job cuts and mass unemployment. Today, labor migrants who have become «hostages» of the lockdown are experiencing significant difficulties in finding jobs, since many industries have not yet entered the full-fledged channel of efficiency. The article provides an overview of measures to regulate the socio-economic situation in the field of labor migration of the EAEU member states in the context of the coronavirus pandemic, since migrants from these countries found themselves in the most difficult situation. The presented article is necessary for the most correct assessment of the processes of labor migration that determine the degree of socio-economic development of the EAEU member states. In the article, the authors conclude that the problems in the field of labor migration, which have worsened in the context of the pandemic, require immediate and thoughtful solutions, since they can have long-term consequences on the economic and social development of states and integration processes. It is stated that the above-mentioned countries have potential opportunities to stabilize the situation with the position of labor migrants, since this directly depends on the effectiveness of the activities of the authorities, preparation of legislation and the level of economic well-being.
{"title":"Labor migration: socio-legal characteristics of the problem","authors":"S. Zhetpisov, B. Nurgazinov, A. Boretskiy","doi":"10.32523/2616-6844-2021-136-3-60-73","DOIUrl":"https://doi.org/10.32523/2616-6844-2021-136-3-60-73","url":null,"abstract":"The article contains an analysis of the current situation in the field of labor migration in the member states of the Eurasian Economic Union (EAEU), complicated by restrictions on free movement due to the COVID-19 coronavirus pandemic. It is stated that against the background of the pandemic, the vulnerability of the labor market was most pronounced, exposing the problems of weak legal regulation, manifested in job cuts and mass unemployment. Today, labor migrants who have become «hostages» of the lockdown are experiencing significant difficulties in finding jobs, since many industries have not yet entered the full-fledged channel of efficiency. The article provides an overview of measures to regulate the socio-economic situation in the field of labor migration of the EAEU member states in the context of the coronavirus pandemic, since migrants from these countries found themselves in the most difficult situation. The presented article is necessary for the most correct assessment of the processes of labor migration that determine the degree of socio-economic development of the EAEU member states. In the article, the authors conclude that the problems in the field of labor migration, which have worsened in the context of the pandemic, require immediate and thoughtful solutions, since they can have long-term consequences on the economic and social development of states and integration processes. It is stated that the above-mentioned countries have potential opportunities to stabilize the situation with the position of labor migrants, since this directly depends on the effectiveness of the activities of the authorities, preparation of legislation and the level of economic well-being.","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":"127462090","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":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":"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}
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