Pub Date : 2023-09-01DOI: 10.26577/japj.2023.v107.i3.07
G.B. Meirbekova
Although the Civil Procedure Code of the Republic of Kazakhstan pays great attention to translators involved in civil proceedings, the solution of this issue is not enough and still requires improvement. The article states that translators who participated in civil proceedings have special responsibilities, which, when participating in civil proceedings, must have certain language qualifications and a level of knowledge in the necessary areas. At the same time, it is necessary to pay special attention to the issue of regulating the responsibility of translators in civil proceedings. The purpose of the study: to analyze the theoretical and regulatory provisions on the legal status of an interpreter involved in civil proceedings. The idea of the study: to summarize the results obtained during the study, to give the main conclusions and recommendations. Scientific significance of the work: the level of development and maturity of modern Kazakh civil procedural law, in particular, the norms governing the legal status of the translator in civil proceedings, the formation of prerequisites that guarantee the democracy of justice and the implementation of the principle of its procedural language. Practical significance: determination of the ability of the interpreter participating in the judicial process to exercise real protection of rights and freedoms through the procedural language enshrined in the Research methodology: the development of the institution of persons involved in civil proceedings is based on a logical legal analysis and comparison of the principles that define the industry. The value of the conducted research. Legal regulation of the power of translators to participate in civil litigation and filling gaps in ways to address these issues. Key words: civil procedure, participants in a civil case, plaintiff, defendant, language of legal proceedings, translator, procedural rights, procedural duties.
{"title":"Some issues of legal regulation of the interpreter’s participation in civil proceedings","authors":"G.B. Meirbekova","doi":"10.26577/japj.2023.v107.i3.07","DOIUrl":"https://doi.org/10.26577/japj.2023.v107.i3.07","url":null,"abstract":"Although the Civil Procedure Code of the Republic of Kazakhstan pays great attention to translators involved in civil proceedings, the solution of this issue is not enough and still requires improvement. The article states that translators who participated in civil proceedings have special responsibilities, which, when participating in civil proceedings, must have certain language qualifications and a level of knowledge in the necessary areas. At the same time, it is necessary to pay special attention to the issue of regulating the responsibility of translators in civil proceedings. The purpose of the study: to analyze the theoretical and regulatory provisions on the legal status of an interpreter involved in civil proceedings. The idea of the study: to summarize the results obtained during the study, to give the main conclusions and recommendations. Scientific significance of the work: the level of development and maturity of modern Kazakh civil procedural law, in particular, the norms governing the legal status of the translator in civil proceedings, the formation of prerequisites that guarantee the democracy of justice and the implementation of the principle of its procedural language. Practical significance: determination of the ability of the interpreter participating in the judicial process to exercise real protection of rights and freedoms through the procedural language enshrined in the Research methodology: the development of the institution of persons involved in civil proceedings is based on a logical legal analysis and comparison of the principles that define the industry. The value of the conducted research. Legal regulation of the power of translators to participate in civil litigation and filling gaps in ways to address these issues. Key words: civil procedure, participants in a civil case, plaintiff, defendant, language of legal proceedings, translator, procedural rights, procedural duties.","PeriodicalId":52614,"journal":{"name":"Khabarshy Zan'' seriiasy","volume":"18 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135735576","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 : 2023-09-01DOI: 10.26577/japj.2023.v107.i3.10
A.M. Tulenova
The article considers the economic problems of land management in Kazakhstan. As one of the most land-based States in the world, agriculture contributes little to economic growth. Serious land-use violations continue to be identified through a number of State audits or no land use at all. The aim of the study is to highlight the economic problems of land administration. The study identified a number of economic aspects and problems that affect the effectiveness of land administration. It is noted that the proportion of private land ownership varies by region. The level of rent has an impact on the efficiency of land use. The current level of rent is unreasonable and does not motivate the land user to manage the land. In urban areas, the purpose of the site is not taken into account in the initial land valuation. The lack of regulation of the market for environmental products and infrastructure from accreditation agencies discourages land users from adopting more environmentally friendly approaches to land-based agriculture. Key words: land resources, land use problems, agriculture, land leasing, soil quality, land administration, land tax, land valuation, land sale, land fund, ecology, efficiency.
{"title":"Economic problems of land management","authors":"A.M. Tulenova","doi":"10.26577/japj.2023.v107.i3.10","DOIUrl":"https://doi.org/10.26577/japj.2023.v107.i3.10","url":null,"abstract":"The article considers the economic problems of land management in Kazakhstan. As one of the most land-based States in the world, agriculture contributes little to economic growth. Serious land-use violations continue to be identified through a number of State audits or no land use at all. The aim of the study is to highlight the economic problems of land administration. The study identified a number of economic aspects and problems that affect the effectiveness of land administration. It is noted that the proportion of private land ownership varies by region. The level of rent has an impact on the efficiency of land use. The current level of rent is unreasonable and does not motivate the land user to manage the land. In urban areas, the purpose of the site is not taken into account in the initial land valuation. The lack of regulation of the market for environmental products and infrastructure from accreditation agencies discourages land users from adopting more environmentally friendly approaches to land-based agriculture. Key words: land resources, land use problems, agriculture, land leasing, soil quality, land administration, land tax, land valuation, land sale, land fund, ecology, efficiency.","PeriodicalId":52614,"journal":{"name":"Khabarshy Zan'' seriiasy","volume":"48 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135735574","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 : 2023-09-01DOI: 10.26577/japj.2023.v107.i3.12
L.K. Kusainova
The article analyzes the principle of judicial protection of the rights and freedoms of a citizen in criminal proceedings, which is dictated by the genetic need of a person to seek justice in resolving the current conflict situation with the help of a neutral authority, an impartial judge. The principle being an integral component of the ideological system of law as a phenomenon of civilization and culture of mankind. At the same time, the principle of protecting the rights and freedoms of a person and a citizen is explicated in procedural norms and acts by national courts in different ways, which affects the completeness or declarativeness of its practical action. An analysis was also made of the implementation of the principle of judicial protection of the rights and freedoms of a person and a citizen in criminal proceedings by applying the transformation of the accusatory bias paradigm, establishing cause-and-effect relationships, manifestation and prevalence of the irrational component in the content of this principle through methods of analysis and synthesis. To increase the role and implement its, it should not be limited to institutional mechanisms and bureaucratization of going to court. The branch of criminal procedural law, which regulates the powers of the defense to collect evidence, is the most sensitive to criticism from society, since there is an imbalance of capabilities between the defense and prosecution, which contradicts the principle of adversarial and equal rights of the parties. Key words: principle of judicial protection, human and civil rights and freedoms, irrational component, rational component, accusatory bias paradigm, transformation, court, explication, justice.
{"title":"Explication of the irrational component of the right to the fair court in the criminal process of kazakhstan","authors":"L.K. Kusainova","doi":"10.26577/japj.2023.v107.i3.12","DOIUrl":"https://doi.org/10.26577/japj.2023.v107.i3.12","url":null,"abstract":"The article analyzes the principle of judicial protection of the rights and freedoms of a citizen in criminal proceedings, which is dictated by the genetic need of a person to seek justice in resolving the current conflict situation with the help of a neutral authority, an impartial judge. The principle being an integral component of the ideological system of law as a phenomenon of civilization and culture of mankind. At the same time, the principle of protecting the rights and freedoms of a person and a citizen is explicated in procedural norms and acts by national courts in different ways, which affects the completeness or declarativeness of its practical action. An analysis was also made of the implementation of the principle of judicial protection of the rights and freedoms of a person and a citizen in criminal proceedings by applying the transformation of the accusatory bias paradigm, establishing cause-and-effect relationships, manifestation and prevalence of the irrational component in the content of this principle through methods of analysis and synthesis. To increase the role and implement its, it should not be limited to institutional mechanisms and bureaucratization of going to court. The branch of criminal procedural law, which regulates the powers of the defense to collect evidence, is the most sensitive to criticism from society, since there is an imbalance of capabilities between the defense and prosecution, which contradicts the principle of adversarial and equal rights of the parties. Key words: principle of judicial protection, human and civil rights and freedoms, irrational component, rational component, accusatory bias paradigm, transformation, court, explication, justice.","PeriodicalId":52614,"journal":{"name":"Khabarshy Zan'' seriiasy","volume":"26 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135735806","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 : 2023-09-01DOI: 10.26577/japj.2023.v107.i3.14
A.A. Otynshiyeva
In international law, a core aspect leads to the issue of the legal personality of the individual, which start to be considered specifically from mid-20th century. This was since that time the common concepts of human rights had already been worked out. The implemented international documents on human rights made it possible to come close to the solution of another equally important issue of legal personality of the individual. It should be admitted that, in the real theory of international law, this problem is not sufficiently completed, although there have already been some dramatic attempts in this direction. Even though the theme in the field of international law seems to be investigated, relating to the general concept of human rights, the problem of their relationship with the legal personality of an individual is not sufficiently discovered in international law; we set the target of defining how the study of this problem is currently under improvement integration process. Therefore, this article was aimed, first, at figured out what constitutes the basis of the legal personality of an individual. First, the article concentrated on the diverse views of scholars, and based on this, tried to find out the essence and semantic signification of each of them, as well as to determine some key elements that facilitate to define the relationship between human rights and the legal personality of an individual. Key words: individual, legal personality, human rights, concept, geopolitics.
{"title":"The issues of international legal personality of the individual and human rights","authors":"A.A. Otynshiyeva","doi":"10.26577/japj.2023.v107.i3.14","DOIUrl":"https://doi.org/10.26577/japj.2023.v107.i3.14","url":null,"abstract":"In international law, a core aspect leads to the issue of the legal personality of the individual, which start to be considered specifically from mid-20th century. This was since that time the common concepts of human rights had already been worked out. The implemented international documents on human rights made it possible to come close to the solution of another equally important issue of legal personality of the individual. It should be admitted that, in the real theory of international law, this problem is not sufficiently completed, although there have already been some dramatic attempts in this direction. Even though the theme in the field of international law seems to be investigated, relating to the general concept of human rights, the problem of their relationship with the legal personality of an individual is not sufficiently discovered in international law; we set the target of defining how the study of this problem is currently under improvement integration process. Therefore, this article was aimed, first, at figured out what constitutes the basis of the legal personality of an individual. First, the article concentrated on the diverse views of scholars, and based on this, tried to find out the essence and semantic signification of each of them, as well as to determine some key elements that facilitate to define the relationship between human rights and the legal personality of an individual. Key words: individual, legal personality, human rights, concept, geopolitics.","PeriodicalId":52614,"journal":{"name":"Khabarshy Zan'' seriiasy","volume":"8 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135735333","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 : 2023-09-01DOI: 10.26577/japj.2023.v107.i3.03
Sh.A. Zabikh, K.Zh. Zabikh
In this article, the author examines the problems of ensuring the rule of law in the political and legalviews of Zhakhansha Dosmukhamedov and the works of the Alash intelligentsia. This article has beenprepared on the basis of long-term studies of materials in the archives of the Republic of Kazakhstan, aswell as in the archives of major cities of the Russian Federation and the Republic of Uzbekistan. Also, thebasis of this work were new archival documents collected as part of the work of the State Commissionfor the Full Legal and Political Rehabilitation of Victims of Political Repression, formed by Decree of thePresident of the Republic of Kazakhstan Kassym-Jomart Tokayev.Zhakhansha Dosmukhamedov, as one of the leaders who headed the western branch of AlashOrda and a professional lawyer, as well as a prominent politician of the early twentieth century,made a significant contribution to the development of law in the territory of the Kazakh territory andhis political and legal views are of interest to modern legal science. The appeal to the heritage of“Alash” is an urgent and most developed topic, since our country is on the way to building a NewKazakhstan today. Therefore, the issues of ensuring the rule of law and the administration of justiceare becoming a necessary mechanism in the protection of human rights and the development of ademocratic society.Key words: law, politics, repression, Soviet power, independence, Alash.
{"title":"Ensuring the rule of law in the political and legal views of Zhakhansha Dosmukhamedov and the works of the Alash intelligentsia","authors":"Sh.A. Zabikh, K.Zh. Zabikh","doi":"10.26577/japj.2023.v107.i3.03","DOIUrl":"https://doi.org/10.26577/japj.2023.v107.i3.03","url":null,"abstract":"In this article, the author examines the problems of ensuring the rule of law in the political and legalviews of Zhakhansha Dosmukhamedov and the works of the Alash intelligentsia. This article has beenprepared on the basis of long-term studies of materials in the archives of the Republic of Kazakhstan, aswell as in the archives of major cities of the Russian Federation and the Republic of Uzbekistan. Also, thebasis of this work were new archival documents collected as part of the work of the State Commissionfor the Full Legal and Political Rehabilitation of Victims of Political Repression, formed by Decree of thePresident of the Republic of Kazakhstan Kassym-Jomart Tokayev.Zhakhansha Dosmukhamedov, as one of the leaders who headed the western branch of AlashOrda and a professional lawyer, as well as a prominent politician of the early twentieth century,made a significant contribution to the development of law in the territory of the Kazakh territory andhis political and legal views are of interest to modern legal science. The appeal to the heritage of“Alash” is an urgent and most developed topic, since our country is on the way to building a NewKazakhstan today. Therefore, the issues of ensuring the rule of law and the administration of justiceare becoming a necessary mechanism in the protection of human rights and the development of ademocratic society.Key words: law, politics, repression, Soviet power, independence, Alash.","PeriodicalId":52614,"journal":{"name":"Khabarshy Zan'' seriiasy","volume":"40 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135735338","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 : 2023-09-01DOI: 10.26577/japj.2023.v107.i3.02
K.S. Maulenov, B.N. Maulenova
The article deals with the formation and development of the science of civil law in Kazakhstan during the Soviet period and during the years of independence of the republic. The significant role in thecreation of the Kazakh school of civil law of Yuri Grigoryevich Basin, Honored Scientist of Kazakhstan,Doctor of Law, Professor, is emphasized. These legal issues are understudied in Kazakhstan, and this isthe scientific novelty of this article. The subject of the study of the article is the formation and development of the science of civil law in Kazakhstan. The purpose of the article is to show the stages of formation and direction of scientific research of representatives of the legal school of civil law in Kazakhstanin the Soviet period and the independent period of the republic. The methodological basis of the studywas a historical analysis of the activities of scientific teams of the republic in the field of development ofthe science of civil law in Kazakhstan.During the Soviet period, two significant scientific teams were formed in the republic – at the Faculty of Law of the Kazakh State University and at the Institute of Philosophy and Law of the Academyof Sciences of the Kazakh SSR. Many scientific problems were solved by these collectives by common forces. It should be noted that in 1991 on the basis of the Institute of Philosophy and Law, the Instituteof State and Law of the National Academy of Sciences of the Republic of Kazakhstan was established.With the acquisition of independence by Kazakhstan, a number of leading civil scientists began towork at the Kazakh State Law University and the Research Center for Private Law created under it. In thefuture, the Academy of Law – the Higher School of Law “Adilet”, in 2007 became part of the CaspianPublic University. The Research Institute of Private Law began to work as part of the Higher School ofEconomics “Adilet”.Key words: science of civil law, history, higher education, scientific teams, functions of science,dissertations on civil law, codification of civil legislation, educational works, theoretical works, Sovietperiod, independent period.
{"title":"Founder of the Kazakhstan school of civil studies (Dedicated to the 100th anniversary of Yuri Grigorievich Basin)","authors":"K.S. Maulenov, B.N. Maulenova","doi":"10.26577/japj.2023.v107.i3.02","DOIUrl":"https://doi.org/10.26577/japj.2023.v107.i3.02","url":null,"abstract":"The article deals with the formation and development of the science of civil law in Kazakhstan during the Soviet period and during the years of independence of the republic. The significant role in thecreation of the Kazakh school of civil law of Yuri Grigoryevich Basin, Honored Scientist of Kazakhstan,Doctor of Law, Professor, is emphasized. These legal issues are understudied in Kazakhstan, and this isthe scientific novelty of this article. The subject of the study of the article is the formation and development of the science of civil law in Kazakhstan. The purpose of the article is to show the stages of formation and direction of scientific research of representatives of the legal school of civil law in Kazakhstanin the Soviet period and the independent period of the republic. The methodological basis of the studywas a historical analysis of the activities of scientific teams of the republic in the field of development ofthe science of civil law in Kazakhstan.During the Soviet period, two significant scientific teams were formed in the republic – at the Faculty of Law of the Kazakh State University and at the Institute of Philosophy and Law of the Academyof Sciences of the Kazakh SSR. Many scientific problems were solved by these collectives by common forces. It should be noted that in 1991 on the basis of the Institute of Philosophy and Law, the Instituteof State and Law of the National Academy of Sciences of the Republic of Kazakhstan was established.With the acquisition of independence by Kazakhstan, a number of leading civil scientists began towork at the Kazakh State Law University and the Research Center for Private Law created under it. In thefuture, the Academy of Law – the Higher School of Law “Adilet”, in 2007 became part of the CaspianPublic University. The Research Institute of Private Law began to work as part of the Higher School ofEconomics “Adilet”.Key words: science of civil law, history, higher education, scientific teams, functions of science,dissertations on civil law, codification of civil legislation, educational works, theoretical works, Sovietperiod, independent period.","PeriodicalId":52614,"journal":{"name":"Khabarshy Zan'' seriiasy","volume":"22 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135735567","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 : 2023-09-01DOI: 10.26577/japj.2023.v107.i3.15
A.Zh. Muratova
Animal rights protection has become an increasingly important and relevant topic. In this article we’ll look at legal considerations regarding animal welfare in Florida, USA. With its abundance of biodiversity and ecosystem resources, Florida provides an ideal place for developing legislation ensuring animal wellbeing. This study will aim to analyze the fundamental principles and concepts underlying Florida’s legal system for animal protection. We will explore laws which determine animal rights and responsibilities, such as those intended to safeguard wildlife or prevent cruelty against them. This research pays special consideration to its scientific and practical ramifications, helping better understand legal protection for animals, raise public awareness of this topic, implement laws that enhance animal living conditions and shape public awareness campaigns. Methodologies included an examination of Florida legislation, court rulings and non-profit animal protection organizations. These study’s key findings allow us to establish the need for legislation protecting animal rights as well as Florida’s continued development and strengthening of its animal protection system. This study is vitally important, as it allows us to bring to light an important topic and legal issues relating to animal protection. It will benefit legislators and stakeholders alike while contributing to legal mechanisms protecting animals not just in Florida but worldwide. Key words: animals, animal rights, cruel treatment, animal cruelty.
{"title":"Legal issues of animal protection in the State of Florida","authors":"A.Zh. Muratova","doi":"10.26577/japj.2023.v107.i3.15","DOIUrl":"https://doi.org/10.26577/japj.2023.v107.i3.15","url":null,"abstract":"Animal rights protection has become an increasingly important and relevant topic. In this article we’ll look at legal considerations regarding animal welfare in Florida, USA. With its abundance of biodiversity and ecosystem resources, Florida provides an ideal place for developing legislation ensuring animal wellbeing. This study will aim to analyze the fundamental principles and concepts underlying Florida’s legal system for animal protection. We will explore laws which determine animal rights and responsibilities, such as those intended to safeguard wildlife or prevent cruelty against them. This research pays special consideration to its scientific and practical ramifications, helping better understand legal protection for animals, raise public awareness of this topic, implement laws that enhance animal living conditions and shape public awareness campaigns. Methodologies included an examination of Florida legislation, court rulings and non-profit animal protection organizations. These study’s key findings allow us to establish the need for legislation protecting animal rights as well as Florida’s continued development and strengthening of its animal protection system. This study is vitally important, as it allows us to bring to light an important topic and legal issues relating to animal protection. It will benefit legislators and stakeholders alike while contributing to legal mechanisms protecting animals not just in Florida but worldwide. Key words: animals, animal rights, cruel treatment, animal cruelty.","PeriodicalId":52614,"journal":{"name":"Khabarshy Zan'' seriiasy","volume":"22 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135735793","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 : 2023-09-01DOI: 10.26577/japj.2023.v107.i3.06
А. Аmangeldy
The article analyzes the norms of public law that regulate certain aspects related to intellectual property. Intellectual property law, being a sub-branch of civil law, includes not only the norms of private law, but also the norms of public law, i.e. is a complex branch of legislation. The right of intellectual property is regulated by the norms of criminal legislation, as well as legislation on administrative offenses. The article shows and analyzes judicial practice on administrative and criminal offenses in the field of intellectual property over the past three years. Thus, relations regarding intellectual property rights are regulated not only by the norms of civil law, but also by public law, the components of which are criminal law and legislation on administrative offenses. The division of legal fields is carried out on the basis of two dimensions: the subject of legal regulation and the method of legal regulation. At the same time, not a single field of law takes place on its own, legal norms are closely related to each other. Intellectual property law is not exempt from this situation, it is interconnected with other areas of law, providing legal regulation of social relations within the framework of creative intellectual activity. Key words: intellectual property law, criminal legislation, legislation on administrative offenses, complex branch of legislation, public law norms, liability, offense, judicial practice.
{"title":"Relationship of intellectual property law with criminal legislation and legislation on administrative offenses","authors":"А. Аmangeldy","doi":"10.26577/japj.2023.v107.i3.06","DOIUrl":"https://doi.org/10.26577/japj.2023.v107.i3.06","url":null,"abstract":"The article analyzes the norms of public law that regulate certain aspects related to intellectual property. Intellectual property law, being a sub-branch of civil law, includes not only the norms of private law, but also the norms of public law, i.e. is a complex branch of legislation. The right of intellectual property is regulated by the norms of criminal legislation, as well as legislation on administrative offenses. The article shows and analyzes judicial practice on administrative and criminal offenses in the field of intellectual property over the past three years. Thus, relations regarding intellectual property rights are regulated not only by the norms of civil law, but also by public law, the components of which are criminal law and legislation on administrative offenses. The division of legal fields is carried out on the basis of two dimensions: the subject of legal regulation and the method of legal regulation. At the same time, not a single field of law takes place on its own, legal norms are closely related to each other. Intellectual property law is not exempt from this situation, it is interconnected with other areas of law, providing legal regulation of social relations within the framework of creative intellectual activity. Key words: intellectual property law, criminal legislation, legislation on administrative offenses, complex branch of legislation, public law norms, liability, offense, judicial practice.","PeriodicalId":52614,"journal":{"name":"Khabarshy Zan'' seriiasy","volume":"16 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135735566","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 : 2023-09-01DOI: 10.26577/japj.2023.v107.i3.05
K.T. Zhumanova
The theoretical and practical dimensions of child rights protection in Kazakhstan, emphasizing the nation’s commitment to nurturing the well-being and development of its youngest citizens. Kazakhstan’s legal framework, including its Constitution and international obligations like the United Nations Convention on the Rights of the Child (CRC), underscores the importance of safeguarding children’s rights. A comprehensive legislative framework, comprising laws such as the Law on the Rights of the Child, the Law on Social and Legal Protection of Children Without Parental Care, and the Law on Education, forms the basis for child protection in Kazakhstan. However, the effectiveness of these laws hinges on their consistent implementation and enforcement, which requires strengthening the capacity of institutions and professionals involved in child protection. The article also highlights key child protection institutions and educational awareness programs in Kazakhstan. Nevertheless, persistent challenges, including cultural and traditional barriers, child abuse and neglect, and educational disparities, require holistic approaches for resolution. Bridging educational gaps, especially in rural and marginalized communities, necessitates targeted investments in infrastructure, teacher training, and curriculum development. In conclusion, Kazakhstan’s commitment to child rights protection is evident in its legal framework and international obligations. However, addressing practical challenges requires ongoing evaluation, adaptation, and comprehensive strategies to ensure the full realization of children’s rights. Key words: Kazakhstan, United Nations, law, constitution, rights of the child.
{"title":"Protection of the rights of the child in the Republic of Kazakhstan as an object of state activity: theoretical and practical aspects","authors":"K.T. Zhumanova","doi":"10.26577/japj.2023.v107.i3.05","DOIUrl":"https://doi.org/10.26577/japj.2023.v107.i3.05","url":null,"abstract":"The theoretical and practical dimensions of child rights protection in Kazakhstan, emphasizing the nation’s commitment to nurturing the well-being and development of its youngest citizens. Kazakhstan’s legal framework, including its Constitution and international obligations like the United Nations Convention on the Rights of the Child (CRC), underscores the importance of safeguarding children’s rights. A comprehensive legislative framework, comprising laws such as the Law on the Rights of the Child, the Law on Social and Legal Protection of Children Without Parental Care, and the Law on Education, forms the basis for child protection in Kazakhstan. However, the effectiveness of these laws hinges on their consistent implementation and enforcement, which requires strengthening the capacity of institutions and professionals involved in child protection. The article also highlights key child protection institutions and educational awareness programs in Kazakhstan. Nevertheless, persistent challenges, including cultural and traditional barriers, child abuse and neglect, and educational disparities, require holistic approaches for resolution. Bridging educational gaps, especially in rural and marginalized communities, necessitates targeted investments in infrastructure, teacher training, and curriculum development. In conclusion, Kazakhstan’s commitment to child rights protection is evident in its legal framework and international obligations. However, addressing practical challenges requires ongoing evaluation, adaptation, and comprehensive strategies to ensure the full realization of children’s rights. Key words: Kazakhstan, United Nations, law, constitution, rights of the child.","PeriodicalId":52614,"journal":{"name":"Khabarshy Zan'' seriiasy","volume":"6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135735569","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 : 2023-09-01DOI: 10.26577/japj.2023.v107.i3.08
Sh.K. Abikenova
One of the central tenants of Kazakhstani State policy is protecting and developing its labor potential, meeting both domestic and global community demands for workforce preservation. Successful developed nations follow one simple rule in regards to this matter – investing in human health preservation is both rewarding economically as well as socially; under EU-WTO Agreement mandate, hazards to life and health be assessed periodically and evaluated; this article describes valid approaches and regulatory regulations applicable when it comes to evaluating professional hazards. Our study utilized both general and specialized research methods. Its methodological framework consisted of using various legal analysis/synthesis/dialectic/social approaches; we combined all these forms of scientific investigation in order to demonstrate our study’s uniqueness while supporting its conclusions. Research results: modifications were proposed for methods for deciding whether or not to fund preventive and rehabilitation actions related to occupational hazards and types of economic activities. Kazakhstan needs to review their existing financing mechanisms of social insurance systems of industrial accidents to encourage employers in improving safety and working conditions within their enterprises. Proposed changes will serve to enlighten and support employers as they look towards strengthening workplace conditions for safety improvement. Key words: occupational hazard, type of economic activity, preventive and rehabilitation measures, occupational safety.
{"title":"Legal basis for determining the need for financing preventive and rehabilitation measures in relation to the class of occupational hazard and type of economic activity","authors":"Sh.K. Abikenova","doi":"10.26577/japj.2023.v107.i3.08","DOIUrl":"https://doi.org/10.26577/japj.2023.v107.i3.08","url":null,"abstract":"One of the central tenants of Kazakhstani State policy is protecting and developing its labor potential, meeting both domestic and global community demands for workforce preservation. Successful developed nations follow one simple rule in regards to this matter – investing in human health preservation is both rewarding economically as well as socially; under EU-WTO Agreement mandate, hazards to life and health be assessed periodically and evaluated; this article describes valid approaches and regulatory regulations applicable when it comes to evaluating professional hazards. Our study utilized both general and specialized research methods. Its methodological framework consisted of using various legal analysis/synthesis/dialectic/social approaches; we combined all these forms of scientific investigation in order to demonstrate our study’s uniqueness while supporting its conclusions. Research results: modifications were proposed for methods for deciding whether or not to fund preventive and rehabilitation actions related to occupational hazards and types of economic activities. Kazakhstan needs to review their existing financing mechanisms of social insurance systems of industrial accidents to encourage employers in improving safety and working conditions within their enterprises. Proposed changes will serve to enlighten and support employers as they look towards strengthening workplace conditions for safety improvement. Key words: occupational hazard, type of economic activity, preventive and rehabilitation measures, occupational safety.  ","PeriodicalId":52614,"journal":{"name":"Khabarshy Zan'' seriiasy","volume":"52 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135735808","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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