Eurasian Scientific Journal of Law
type: channel
description: Peer-reviewed journal
publisher: Университет «Туран»
language: ru-RU
publication name: Eurasian Scientific Journal of Law
issn: 2959-4197
copyright: Authors who publish with this journal agree to the following terms: Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution License that allows others to share the work with an acknowledgement of the work's authorship and initial publication in this journal. Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this journal. Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work (See The Effect of Open Access).
items: Actual problems of state and legal management of land resources in the Republic of Kazakhstan
items: Transformation of legal regulation mechanisms in the public administration system
items: State regulation of administrative liability for gambling
items: Problems of state regulation and management of water resources in the light of the water legislation of the Republic of Kazakhstan
items: Ensuring the constitutional rights and freedoms of military personnel: a legal study
items: Modern problems of legal regulation of land easement: boundaries of property and obligation law
items: Institutionalization of digital litigation costs as a subcategory of court expenses in the context of judicial digitalization
items: “Тhe law is the dictate of reason”: what should become a conceptual the basis for the modernization of private law in Kazakhstan
items: Realization of the objectives of criminal punishment within the institution of conditional early release
items: On the issue of defining the concept of «interference with aircraft control»
items: The impact of economic crime on the sustainable development of the agro-industrial complex of Kazakhstan
items: Criminological aspects of illegal movement of radioactive materials across the border of Kazakhstan
items: The procedure for applying conditional early release from serving a sentence to persons sentenced to life imprisonment under the legislation of the Republic of Kazakhstan
items: Mechanisms for increasing cybersecurity through the introduction of artificial intelligence in the activities of the department of internal affairs
items: Expert evaluation criteria for “accumulated” affect in the investigation of violent crimes
items: Effectiveness of mitigating and aggravating factors in criminal law
items: Administrative and legal mechanisms for preventing violence against minors
items: The penal enforcement legislation of the Republic of Kazakhstan and other measures of criminal legal impact
items: Phishing as a popular method of committing cyberbullying: concept, criminological characteristics, foreign experience
items: Theoretical foundations for improving the criminal legislation of the Republic of Kazakhstan and its alignment with international standards
items: International legal regulation of online labor: principles and key features
items: Legal guarantees for the protection of the rights of the child in the event of a change of citizenship: international legal obligations and national practice
items: The concept of “religious extremism” in the context of international law and national legislation
items: Constitutional pluralism in international law: interaction between national constitutional values and international obligations
items: The experience of cooperation between Russia and Kazakhstan in the framework of global integration and unification of legislation in the field of healthcare
items: On some issues of further development of legal regulation of the institution of mediation in international law
items: Legal models of joint management of transboundary water resources in the international and comparative legal context
items: The exercise of state jurisdiction in relation to stateless vessels on the high seas
items: Treaty frameworks of international space law and their relevance for Kazakhstan: legal complexities implementation challenges and prospects for reform

Actual problems of state and legal management of land resources in the Republic of Kazakhstan
type: item
description: The article discusses the problems of legal regulation of the system of Public Administration of land resources, rational use of land resources, improvement of the mechanism of economic efficiency of land resources, state management of land resources, economic and legal regulation of land resources. Land reserves in the Republic of Kazakhstan are the purpose of studying the foundations of the country’s economic well-being. The importance of the formation of the theory and practice of the system of public management of land resources was noted. When writing a research paper, legal, analytical, synthesizing, inductive and deductive methods in the field of public land management were widely used. State bodies draw conclusions about the effective use of land resources in the Republic of Kazakhstan, the maintenance of the land fund, the Prevention of land degradation, legal protection in the field of land relations, and the effective results of digitalization of land resources.
creator: М. B. Mussayev
creator: D. N. Bekezhanov
creator: N. Gafurova
date: 2026-03-26
publication date: 2026-03-26
volume: 0

Transformation of legal regulation mechanisms in the public administration system
type: item
description: The complexity of public relations, the digital environment, and institutional innovations indicate the need to develop new models for the application of regulatory instruments. In this context, the article examines the role and challenges of transforming mechanisms of legal regulation in modern legal theory. The authors emphasize that the adaptability of legal systems and their ability to respond to social change are key factors in improving regulatory effectiveness. The study is based on a theoretical analysis of the transformation of legal regulatory mechanisms and focuses on substantive and structural changes in methods of legal influence in contemporary society. It assesses the current state of legal systems, the impact of social change on law, and the effectiveness of existing regulatory approaches. Particular attention is paid to the evolution of legal norms, the influence of digitalization and automation, and the role of international law. The research analyzes the typology of transformation mechanisms, their interrelation within legal systems, and their compliance with modern regulatory requirements. Through a comparison of traditional and contemporary models, the study identifies the limitations and effectiveness of legal influence instruments and proposes approaches aimed at enhancing the flexibility of regulatory systems and improving law enforcement practice.
creator: A. А. Ismailov
creator: M. A. Zhumadilova
creator: S. B. Sautbayeva
creator: B. T. Aueshova
date: 2026-03-26
publication date: 2026-03-26
volume: 0

State regulation of administrative liability for gambling
type: item
description: This article examines the lack of independence of Article 444 of the Code of the Republic of Kazakhstan on Administrative Offenses, which establishes liability for participation in gambling. The article examines the derivative nature of this provision, as it applies only if a court verdict has entered into force in a criminal case initiated under Article 307 of the Criminal Code of the Republic of Kazakhstan, declaring gambling activity illegal and consistent with the characteristics of gambling. This legal structure creates a dependence of administrative liability on criminal prosecution, which contradicts the principles of promptness and inevitability of punishment. Based on an analysis of Kazakhstan legislation, law enforcement practice, and scientific approaches, it is concluded that the existing administrative liability mechanism does not fully meet the goals of state regulation of gambling. The authors conclude that comprehensive improvements to the regulatory framework are necessary, along with clarification of the provisions of Article 444 of the Code of Administrative Offenses of the Republic of Kazakhstan and increased coordination between government agencies. Furthermore, the authors substantiate the need for legislative delineation and clarification of the legal nature of gambling in the context of administrative prosecution.
creator: V. V. Ten
creator: D. V. Tatarinov
date: 2026-03-26
publication date: 2026-03-26
volume: 0

Problems of state regulation and management of water resources in the light of the water legislation of the Republic of Kazakhstan
type: item
description: The purpose of the article is to consider the features of the legal regulation of water protection zones of an integrated approach – a combination of spatial planning, environmental standards and mechanisms for protecting the rights of landowners. Problems of state regulation and management of water resources in the light of the water legislation of the Republic of Kazakhstan. The study analyzes the current legislation, identifies legal gaps and inconsistencies in the distribution of powers between state and local authorities. Particular attention is paid to issues of cadastral registration, liability for violation of water protection regimes, and the implementation of modern digital technologies in environmental monitoring. Based on domestic and international experience, the paper proposes measures to improve legal regulation and increase the effectiveness of water resource protection. The practice of applying legislation at the regional level is analyzed. The foreign experience of regulating water protection areas is reviewed and the possibilities of its adaptation in Kazakhstan are identified. The main problems and legal conflicts related to the delimitation of lands and the protection of water resources are identified. Proposals have been developed to improve legislation and enforcement mechanisms.
creator: K. A. Bekov
creator: Z. K. Ayupova
creator: B. S. Rakhmetullina
date: 2026-03-26
publication date: 2026-03-26
volume: 0

Ensuring the constitutional rights and freedoms of military personnel: a legal study
type: item
description: In the context of state formation, ensuring and protecting human rights in military service remains crucial. Military personnel, fulfilling their constitutional duty to protect the country, acquire fundamental rights and freedoms as outlined in the Constitution of Kazakhstan and international law. The study of effective mechanisms for protecting these rights holds both scientific and practical significance. The aim of this study is to analyze existing mechanisms for safeguarding the rights of military personnel and propose scientifically grounded improvements. The focus is on key issues of military legislation, protection measures, and the realization of rights. While the scientific significance of this study lies in its comprehensive analysis of military personnel’s rights, its practical value is in applying the findings to enhance legislation and law enforcement practices. The methodology includes formal legal, comparative legal, systemic, and analytical methods. Ultimately, the study aims to identify key challenges in protecting military personnel’s rights and propose potential solutions. This study contributes to the development of military and constitutional law and has practical applications in the activities of government and law enforcement agencies.
creator: R. B. Botagarin
creator: K. S. Musin
date: 2026-03-26
publication date: 2026-03-26
volume: 0

Modern problems of legal regulation of land easement: boundaries of property and obligation law
type: item
description: This article provides a comprehensive examination of the legal nature of land easements within the framework of Kazakhstan’s civil and land legislation. The study explores the historical development of easements, the interplay between their property-law and obligation-law components, and their contemporary significance in ensuring the balance of interests among participants in land and property relations. The findings reveal inconsistencies between civil and land law norms relating to the definition of the easement object, its alienability, and the distinction between private and public easements. These discrepancies hinder uniform interpretation in practice, particularly in establishing easement fees, determining the grounds for termination, and protecting the rights of owners of burdened land parcels. The scientific novelty of the study lies in substantiating the dual legal nature of easements as complex constructs combining features of both property and obligation law. The research also emphasizes the need for clearer statutory limitations on the scope and exercise of easement rights. The practical significance of the article is reflected in recommendations for improving legislative regulation, enhancing legal certainty, optimizing state registration mechanisms, and strengthening judicial practice in resolving land disputes. The results provide a theoretical and applied foundation for further development of the land easement institution in Kazakhstan.
creator: M. Abaikyzy
creator: A. I. Rzabai
creator: I. B. Nesipbayeva
date: 2026-03-26
publication date: 2026-03-26
volume: 0

Institutionalization of digital litigation costs as a subcategory of court expenses in the context of judicial digitalization
type: item
description: In the context of accelerated judicial digitalization, not only the procedural form but also the economic structure of court activity is transforming. The use of online hearings, electronic document management, digital evidence, and remote participation platforms generates new categories of expenses not covered by the traditional model of court costs. The existing civil procedural framework, based on the dual division between state duty and litigation expenses, fails to reflect technology-driven expenditures, creating a regulatory gap between digital practice and legal regulation. The purpose of this study is to develop a coherent doctrinal model of digital litigation costs and to determine their place within the system of procedural expenses. The methodological framework combines systemic, functional, and comparative legal approaches, together with analysis of judicial practice. It is argued that expenses related to internet traffic, digital platforms, technical support for remote participation, and electronic evidence possess the characteristics of litigation costs and should be subject to procedural compensation. The novelty of the research lies in conceptualizing digital litigation costs as a distinct subtype of litigation expenses and defining clear criteria for their qualification.
creator: A. A. Askarbek
date: 2026-03-26
publication date: 2026-03-26
volume: 0

“Тhe law is the dictate of reason”: what should become a conceptual the basis for the modernization of private law in Kazakhstan
type: item
description: The Law is a key basis for the modernization of private law, as it establishes the legal framework, standards and mechanisms for making changes and improvements to existing legal norms. The modernization of private law through the law makes it possible to adapt it to changing social and economic conditions, which includes the development of new norms, the reform of outdated ones, and ensuring consistency between various legal acts. The purpose of this article is a theoretical study of conceptual ideas about issues that, in our opinion, are the modernization of private law in the Republic of Kazakhstan. The scientific significance of the article lies in substantiating the transition from formal positivism to the concept of “reasonable law”, where the principles of justice, autonomy of will and good faith reflecting the rational needs of society, and not only the will of the legislator, should become the basis for the modernization of private law in Kazakhstan. The practical significance of this article lies in the fact that at the present time, in the period of informatization and globalization of the economy, the issues of private law are extremely relevant. And, accordingly, an incorrect definition of the balance between private and public law can negatively affect the quality of laws, which in turn can negatively affect the development of the economy in the country. The methodology of the article is based on the principles of rationalism and natural law, considering the law not as coercion, but as the embodiment of reasonableness and justice. It is proposed to make the principles of human rights protection, the rule of law and the introduction of the principle of “Law and Order” the basis for the modernization of private law in Kazakhstan. During the writing of the article, we came to the conclusion that the law allows us to synchronize the norms of private law with the provisions of other branches, for example, with procedural, administrative or criminal law, ens…
creator: F. S. Karagussov
creator: S. A. Akimbekova
date: 2026-03-26
publication date: 2026-03-26
volume: 0

Realization of the objectives of criminal punishment within the institution of conditional early release
type: item
description: This article examines the main principles of legislative codification of the objectives of criminal punishment in the Criminal Code and the Criminal Executive Code of the Republic of Kazakhstan. The paper analyzes the views of a number of Soviet and post-Soviet researchers, including scholars from the Russian Federation and the Republic of Kazakhstan, regarding the content and punishment of criminal punishment. The concepts presented by the authors reflect the historically formed and currently generally accepted concept of the goals of punishment. At the same time, attention is drawn to existing contradictions in doctrine and law enforcement practice regarding their formulation, formulation, and implementation during the execution of punishment. The purpose of this study is to identify specific aspects of the legislative definition of punishment goals and analyze their potential impact on the sentencing and parole process. Furthermore, the study includes an analysis of the impact of punishment goals. The scientific significance of this study lies in its comprehensive analysis of the feasibility of implementing punishment goals during the parole process. Its practical significance lies in its exploration of the feasibility of appropriately applying punishment goals. The study utilized relevant methods and relevant legal frameworks.
creator: N. E. Urbisinova
creator: T. K. Akimzhanov
creator: B. M. Zhugralina
creator: L. A. Bukalerova
date: 2026-03-26
publication date: 2026-03-26
volume: 0

On the issue of defining the concept of «interference with aircraft control»
type: item
description: The purpose of this study is to conduct a legal analysis and develop a uniform interpretation of the concept of “interference with aircraft control” (Article 352-1 of the Criminal Code of the Republic of Kazakhstan), introduced as an independent offence in 2025. The research examines the place of this act within the system of public safety, aviation safety, and flight safety, analyzes its correlation with classical acts of unlawful interference under international and national law, identifies a legislative gap, and formulates a legal definition. The methodological framework is based on comparative, formal-legal, and systematic analysis, allowing for the comparison of criminal and aviation legislation, international conventions (Tokyo, Hague, and Montreal), and scientific literature. The key problem addressed is the absence of a statutory definition of this concept, which creates risks of inconsistent interpretation and enforcement. The analysis shows that this offence is not included in the statutory list of acts of unlawful interference but constitutes an independent category of intentional actions directly affecting the crew’s work during flight. The main result is a proposed legal definition that can be used to qualify offences and distinguish them from related crimes, thereby strengthening air transport safety.
creator: A. M. Kussainova
creator: B. А. Kulmukhanbetova
date: 2026-03-26
publication date: 2026-03-26
volume: 0

The impact of economic crime on the sustainable development of the agro-industrial complex of Kazakhstan
type: item
description: The presented article analyzes the processes of criminalization of the domestic agro-industrial complex (hereinafter referred to as the AIC), as well as its causes and conditions. The authors analyze statistical data on thefts committed and other offenses in the AIC, articles and publications in print media and the Internet. The purpose of the scientific research is to study the process of criminalization of the AIC in Kazakhstan based on the study and analysis of available official data, legal literature and other information. To identify the main causes and conditions contributing to criminal offenses in this area and, on this basis, to propose a number of measures to prevent them. The article was prepared using general and specific methods used in this type of research. All this allowed the authors to give the most objective criminological characteristics both for the republic as a whole and for its individual regions (selectively).
creator: A. A. Gaitov
creator: E. A. Umurzakov
creator: M. S. Zhumaeva
date: 2026-03-26
publication date: 2026-03-26
volume: 0

Criminological aspects of illegal movement of radioactive materials across the border of Kazakhstan
type: item
description: The article examines criminological patterns of illicit cross-border movement of radioactive and nuclear-related materials involving Kazakhstan. The study triangulates 1) 27 publicly documented criminal cases (2015–2024), 2) unified register of pre-trial investigations (URPI) for the relevant Criminal Code provisions (2015–2024, disaggregated by year and region) and 3) international incident reporting and guidance documents used as a comparative benchmark. Methods include descriptive statistics, role-based criminological coding (offender roles, opportunity structures, detection pathways, and recurrence), and comparative legal analysis of sanctions and qualifying elements. The results indicate a stable «double-flow» risk: 1) episodic trafficking of sealed sources/uranium concentrates and 2) mixed channels where radioactive items appear alongside other contraband. The sample shows a recurring functional triad – collector, courier, and intermediary – suggesting networked offending rather than isolated opportunistic behavior. Uneven detection capacity and fragmented data exchange remain the most consistent enabling conditions. Sentencing practice, including repeated use of non-custodial measures in cross-border contexts, does not provide a convincing deterrent signal for high-consequence materials. The paper contributes 1) a Kazakhstan-focused criminological typology and role model for cross-border cases, 2) a structured «method → evidence → output» framework for replication, and 3) an implementable prevention package (graded approach in law, integrated data platform, and border-capability modernization roadmap for 2025–2027).
creator: M. Alekbayeva
creator: A. Bolat
creator: Sh. Saimova
date: 2026-03-26
publication date: 2026-03-26
volume: 0

The procedure for applying conditional early release from serving a sentence to persons sentenced to life imprisonment under the legislation of the Republic of Kazakhstan
type: item
description: The article examines the legal and organizational aspects of applying conditional early release (hereinafterparole) in relation to persons sentenced to life imprisonment in the Republic of Kazakhstan. It is noted that, despite the formal consolidation of this institution in criminal legislation, its practical implementation remains absent, which indicates insufficient normative and procedural clarity of the mechanism for its application. The study analyzes the provisions of criminal and penal enforcement legislation governing conditional early release and identifies problems related to the absence of specific criteria for assessing the rehabilitation of this category of convicted persons. The importance of considering psychological and social characteristics of the individual in judicial decision-making is substantiated, as well as the expediency of using criminal-psychological analysis as an assessment tool. Special attention is paid to issues of post-penitentiary control, including administrative supervision and the role of probation authorities after release. The necessity of improving the legal regulation of conditional early release is argued with regard to the principles of individualization of punishment, resocialization, and public safety. The scientific novelty of the study lies in developing a comprehensive approach to assessing the possibility of conditional early release for life-sentenced prisoners based on the integrated consideration of legal, psychological, and institutional factors.
creator: А. А. Bekbauova
creator: Zh. B. Shayakhmetova
creator: S. R. Rzagulova
date: 2026-03-26
publication date: 2026-03-26
volume: 0

Mechanisms for increasing cybersecurity through the introduction of artificial intelligence in the activities of the department of internal affairs
type: item
description: Currently, artificial intelligence technologies are becoming a catalyst for radical changes in the field of law enforcement. The complication, transboundary nature of cybercrime and the increase in criminal activity in the digital space require the use of new approaches and tools by the internal affairs bodies. In this article, the main mechanisms for introducing artificial intelligence into the activities of the Department of internal affairs, its role in ensuring cybersecurity and institutional, legal and technical aspects of practical implementation are considered in detail. The study analyzed the strategic documents and recommendations of international organizations Interpol, Europol, UNICRI and OECD, as well as the National digitalization and cybersecurity strategies of the Republic of Kazakhstan. In the course of the study, in order to assess the effectiveness of the introduction of AI into the activities of the IAB and determine its impact on the cybersecurity system, the features and advantages of the use of AI in the activities of the IAB were studied on the basis of a systematic analysis method, a comparison of foreign and domestic experience.
creator: N. Zh. Apakhaev
creator: A. Zh. Zuleeva
creator: A. G. Shidemov
date: 2026-03-26
publication date: 2026-03-26
volume: 0

Expert evaluation criteria for “accumulated” affect in the investigation of violent crimes
type: item
description: Modern forensic expertise requires refined criteria for mental states influencing the volitional and intellectual components of human activity. This study provides a scientific substantiation of expert criteria for cumulative affect within the Complex Forensic Psychological and Psychiatric Examination (CFPPE). The primary objective is to differentiate states of total disorganization in voluntary regulation to ensure uniform interpretation of “sudden onset of strong mental distress” under Articles 101 and 111 of the Criminal Code of the Republic of Kazakhstan. The study’s significance lies in its comprehensive analysis of terminological inconsistencies between general psychology and criminal law. Utilizing a systematic analysis of regulatory acts and international databases (Scopus, PubMed, eLibrary.ru), the research identifies conceptual differences in interpreting affect. The findings justify the necessity for strict determination of expert concepts to ensure legal certainty. Ultimately, this research advances CFPPE methodology by offering approaches to align expert conclusions with Kazakhstani legislation. By clarifying the diagnostic boundaries of cumulative affect, the study supports more accurate judicial qualification of criminal acts, bridging the gap between psychological theory and forensic practice.
creator: F. S. Safuanov
creator: A. Zh. Kudaybergenova
creator: T. A. Toktybekov
date: 2026-03-26
publication date: 2026-03-26
volume: 0

Effectiveness of mitigating and aggravating factors in criminal law
type: item
description: This article provides a comprehensive analysis of the effectiveness of mitigating and aggravating factors in the criminal law of the Republic of Kazakhstan. The relevance of the research is determined by inconsistencies in sentencing practice, the expansion of judicial discretion, and the growing need to ensure individualized sentencing. The purpose of the study is to examine the criminal-law nature of mitigating and aggravating factors, assess their impact on sentencing decisions, and evaluate their effectiveness in judicial practice. The core idea of the research is that the effectiveness of these institutions should be based not on their formal consideration but on a substantive and reasoned assessment. The scientific and practical significance of the study lies in its systematic approach to sentencing individualization and the development of recommendations aimed at improving judicial practice. The methodology of the research includes formal-legal, systemic, comparative legal, and statistical methods. The findings demonstrate that the influence of mitigating and aggravating factors on sentencing outcomes is inconsistent, while their formal application undermines the principle of fairness in criminal punishment. The value of the study consists in its contribution to the theory of sentencing, whereas its practical significance is reflected in the possibility of applying the results to unify judicial practice and maintain balance in criminal policy.
creator: S. B. Abutayeva
creator: E. P. Kim
creator: L. A. Bolatbekova
date: 2026-03-26
publication date: 2026-03-26
volume: 0

Administrative and legal mechanisms for preventing violence against minors
type: item
description: The article examines the effectiveness of administrative and legal mechanisms aimed at preventing violence against minors. It analyzes the prevalence of violence against children, its socially dangerous consequences, and the role of administrative law instruments in addressing this issue. Particular attention is paid to the preventive potential of the existing system of administrative liability. The study demonstrates that administrative penalties such as fines, administrative arrest, and warnings have limited effectiveness in preventing violence against minors. It is established that such sanctions are often formal in nature, have a weak impact on the offender’s behavior, and do not prevent repeated offenses. The leniency of administrative measures applied to perpetrators reduces the sense of legal responsibility and contributes to recidivism. The article assesses current administrative legislation and law enforcement practice in terms of compliance with international legal standards on the protection of children’s rights. It concludes that the principle of protecting the best interests of the child is insufficiently implemented in administrative proceedings. Based on the findings, proposals are formulated to improve administrative liability through differentiated sanctions, stricter measures for repeated offenses, and enhanced preventive mechanisms.
creator: K. A Ernishev
creator: M. A. Yelikbay
creator: G. Shakhaeva
creator: E. B. Ablaeva
date: 2026-03-26
publication date: 2026-03-26
volume: 0

The penal enforcement legislation of the Republic of Kazakhstan and other measures of criminal legal impact
type: item
description: This article examines the regulatory framework of Kazakh legislation establishing other measures of criminal law coercion alongside punishment. These measures are normatively закреплены in penitentiary legislation and the current Criminal Code of the Republic of Kazakhstan. The authors conduct a legal analysis of this institution, consider doctrinal approaches, and formulate their understanding of the legal nature and essence of coercive criminal law measures. The study concludes that the existing system of other criminal law measures does not fully correspond to their legal nature and purposes, necessitating improvement of legislative regulation. Particular attention is paid to the Law of the Republic of Kazakhstan of January 10, 2018 “On the Victims Compensation Fund,” which influenced the transformation of the final section of the General Part of the Criminal Code, including Articles 98-1 and 98-2 regulating compulsory payments. The authors argue that this mechanism contains elements of double criminal liability, contradicts constitutional prohibitions on repeated coercive measures, and presents problems in practical implementation.
creator: R. U. Tatikov
creator: K. Zh. Baltabayev
creator: N. E. Abdukarimova
creator: Yu. N. Drokin
date: 2026-03-26
publication date: 2026-03-26
volume: 0

Phishing as a popular method of committing cyberbullying: concept, criminological characteristics, foreign experience
type: item
description: The article examines issues arising from the development of information and communication technologies, which have generated new social relations requiring legal regulation. The pervasive adoption of the Internet enhances everyday comfort and safety but also creates opportunities for computer crime. The study’s purpose is to analyze phishing, one of the most dangerous and widespread cyber threats. To achieve this aim, the research employs historical, dialectical, comparative-legal, and formal-legal methods. The subject is phishing as a method of computer fraud perpetrated against individuals via email, text messages, phone calls, or other forms of digital communication. The commonly accepted definition of phishing is presented as a fraud method that obtains personal information and confidential data by deceiving the victim. Typical phishing variants are described. The paper also reviews measures used to counter this form of criminal activity in selected foreign jurisdictions. The authors conclude that cybercrime is global in scope and a serious challenge for many countries. Contributing factors include low public literacy in information technology, imperfect legislation regulating this sphere of social relations, and widespread access to digital resources. The conclusion proposes improving anti-phishing effectiveness through comprehensive measures: refining legislation, raising digital literacy, expanding international law-enforcement cooperation, and developing innovative security technologies.
creator: Т. Volchetskaya
creator: B. М. Nurgaliyev
creator: А. B. Nurgaliyeva
creator: А. Т. Sadvakassova
date: 2026-03-26
publication date: 2026-03-26
volume: 0

Theoretical foundations for improving the criminal legislation of the Republic of Kazakhstan and its alignment with international standards
type: item
description: This article provides a comprehensive analysis of the theoretical foundations of criminal law reform in the Republic of Kazakhstan and its alignment with international legal standards. The authors identify key prerequisites for reform, including changes in the socio-political context, the emergence of new social relations, the need to integrate legal science achievements, the adaptation of international conventions, and the incorporation of advanced foreign legal practices. A distinction is made between legal improvement and full-scale reform, and the effectiveness of legislative changes is critically assessed. The paper evaluates the degree to which Kazakhstan’s criminal law complies with international norms and explores the reforms’ practical implications for legal policy and enforcement. Historical, comparative, and systemic research methods are employed. Special attention is given to institutional and substantive transformations within Kazakhstan’s criminal justice system, with recommendations for harmonizing domestic legislation with international legal standards.
creator: S. M. Apienov
creator: L. B. Nyssanbekova
creator: Zh. Zhailau
date: 2026-03-26
publication date: 2026-03-26
volume: 0

International legal regulation of online labor: principles and key features
type: item
description: This study analyzes the principles of international legal regulation of online labor and their distinguishing features from traditional forms of employment, with a particular focus on their applicability and relevance to Kazakhstan. The paper examines key aspects of online labor regulation, including fair treatment, non-discrimination, occupational safety, the right to association, confidentiality and data protection, as well as the challenges of classifying digital platform workers. The research highlights the transnational nature of online labor and the jurisdictional challenges that arise as a result. The research methodology is based on a comprehensive analysis of international legal norms, academic literature, and law enforcement practice. The findings of the study indicate the need to adapt existing legal regulatory mechanisms to the specific requirements of the digital economy, as well as to develop new and innovative approaches to the legal regulation of online labor relations in Kazakhstan. The research results make it possible to formulate a set of concrete recommendations aimed at further improving the labor legislation of the Republic of Kazakhstan, taking into account international principles and best practices in the field of legal regulation of online labor relations.
creator: Sh. Sh. Sartaeva
creator: M. M. Zhumabekova
creator: K. A. Utarov
date: 2026-03-26
publication date: 2026-03-26
volume: 0

Legal guarantees for the protection of the rights of the child in the event of a change of citizenship: international legal obligations and national practice
type: item
description: The article analyzes legal guarantees for the protection of the rights of the child in the event of a change of citizenship in the context of international legal obligations and national law-enforcement practice. The child’s right to citizenship is examined as a fundamental right enshrined in the UN Convention on the Rights of the Child and the International Covenant on Civil and Political Rights, as well as the state’s obligations to prevent childhood statelessness, preserve the child’s identity, and take into account the best interests of the child when changing his or her legal status. Using the Republic of Kazakhstan as a case study, the article explores mechanisms for changing a child’s citizenship in connection with changes in the citizenship of parents, adoption, and other family-law circumstances, including the role of judicial and constitutional protection. It concludes that national regulation generally complies with international standards, while identifying certain problematic issues related to terminological ambiguity, the prohibition of dual citizenship, and the restoration of citizenship for persons who lost it in childhood. Measures are proposed to improve legislation and law-enforcement practice in order to strengthen legal guarantees and prevent statelessness.
creator: Zh. A. Zhambekova
creator: B. P. Zhaksymbetov
creator: A. E. Adam
creator: L. B. Bogatyreva
date: 2026-03-26
publication date: 2026-03-26
volume: 0

The concept of “religious extremism” in the context of international law and national legislation
type: item
description: The article analyzes the concept of “religious extremism” in the context of international law and the national legislation of the Republic of Kazakhstan as a secular and democratic state with a multi-religious society. It highlights the absence of a universally recognized definition of religious extremism in legal doctrine and regulatory acts, which complicates effective counteraction and the protection of freedom of conscience. The study is based on formal legal and comparative legal methods and an interdisciplinary approach, using national legislation and international legal instruments, including UN Security Council resolutions and documents of regional organizations. It is shown that international law primarily operates with the concept of “violent extremism,” while religious extremism is implicitly treated as its form and closely linked to international terrorism. The article substantiates the need for developing a special international legal framework within the UN and proposes an author’s definition of religious extremism as deliberate criminal acts motivated by violent religious ideology and directed against protected legal interests.
creator: G. M. Razdykova
creator: V. N. Zhamuldinov
date: 2026-03-26
publication date: 2026-03-26
volume: 0

Constitutional pluralism in international law: interaction between national constitutional values and international obligations
type: item
description: This study analyzes the interaction and potential conflicts between national constitutional values and international obligations within the context of the Constitution of the Republic of Kazakhstan. The relevance of the research stems from the growing influence of international obligations, deeper integration processes, and increasing external impact on national legal systems. The primary objective is to identify possible contradictions between international legal norms and national constitutional principles and to explore mechanisms for their reconciliation. The core idea is to preserve national values through selective incorporation of international norms. The scientific and practical significance lies in justifying the use of a constitutional filtering mechanism when implementing international obligations. The study employs systemic, comparative-legal, historical-legal, and formal-logical methods. The analysis draws on the theory of constitutional pluralism, Germany’s “Solange” doctrine, the practice of the Constitutional Council of Kazakhstan, and foreign jurisprudence. The findings demonstrate that the application of international norms must not contradict fundamental national values such as sovereignty, territorial integrity, and protection of rights. The study concludes that maintaining legal balance requires selective acceptance of international obligations while safeguarding national constitutional identity. Its value lies in reassessing the relationship between international and national law. The practical relevance involves recommendations for improving legal policy, implementation tools, and constitutional review.
creator: G. Zhamankarayeva
creator: M. Shaldarbekova
creator: Sh. R. Zhumagulova
date: 2026-03-26
publication date: 2026-03-26
volume: 0

The experience of cooperation between Russia and Kazakhstan in the framework of global integration and unification of legislation in the field of healthcare
type: item
description: This article explores the current realities and prospects for cooperation between Russia and Kazakhstan in public health. The topic’s relevance stems from the convergence of legal cultures amid globalization, international political and economic instability, and increasing cross-border challenges to healthcare, including epidemics and child mortality. The COVID-19 pandemic accelerated international cooperation and revealed shortcomings in the legal regulation of global challenges, highlighting the need for legislative harmonization. The results demonstrate the multi-layered nature of cooperation: legal regulation in healthcare encompasses the organizational and institutional level (coordination of efforts), the information level (data exchange), and the professional level. Based on an extensive legislative framework, the article identifies issues of uncertainty in law enforcement, insufficient mechanisms for cross-border data exchange, and gaps in legal regulation to counter global threats. Promising areas include harmonization of legislation on infectious disease monitoring, development of digital standards, export of medical services, cooperation in medical tourism, and the use of artificial intelligence. Overall, the importance of cooperation in addressing contemporary challenges is emphasized, with recommendations proposed for modernizing public relations in public health.
creator: G. I. Arginbekova
creator: R. A. Alshurazova
creator: V. M. Abdrashitov
creator: M. A. Utanov
date: 2026-03-26
publication date: 2026-03-26
volume: 0

On some issues of further development of legal regulation of the institution of mediation in international law
type: item
description: This article analyzes the problems and improvements to the legal regulation of mediation in international law. It examines international instruments that enshrine mediation as a means of peacefully resolving international disputes, such as the Charter of the United Nations, the Hague Convention for the Pacific Settlement of International Disputes of October 18, 1907, and United Nations resolutions. At the regional level, it analyzes documents of the European Union, the Organization for Security and Cooperation in Europe, and the African Union that emphasize the important role of mediation in resolving international disputes. The main idea of t his work is to explore the problems of international legal regulation of international mediation. Following their review, measures are proposed to improve mediation regulation, including the development of a universal international treaty, the institutionalization of mediation structures within the UN and regional mediation hubs, the development of digital platform, a mediator certification system, and others. The paper concludes that institutionalizing mediation activities, developing uniform standards, and creating digital platforms can improve the effectiveness of mediation processes. In this regard, Kazakhstan can actively participate in the development of international mediation, particularly by establishing a mediation hub that could provide support for its international peacekeeping initiatives.
creator: A. S. Irzhanov
creator: Sh. A. Saimova
creator: A. A. Bolat
date: 2026-03-26
publication date: 2026-03-26
volume: 0

Legal models of joint management of transboundary water resources in the international and comparative legal context
type: item
description: Article examines legal models of joint management of transboundary water resources in context of increasing water scarcity, climate change, and environmental risks. Purpose of study is to identify effective international and comparative legal mechanisms regulating cooperation between states and to determine key directions for modernizing existing governance models. Scientific and practical significance lies in systematizing contemporary principles of international water law and revealing gap between treaty norms and their implementation in different regions. Research methodology includes comparative legal, formal legal, and systemic approaches applied to analysis of 1992 and 1997 UN Conventions, regional agreements, and national legislation. Study establishes that effectiveness of transboundary water cooperation depends on completeness of treaty framework, institutional stability of joint commissions, availability of control and monitoring mechanisms, and integration of ecosystem-based approach. It is concluded that shift is required from declarative agreements toward comprehensive basin-oriented governance models. Special attention is given to role of data exchange and stakeholder participation. Importance of judicial safeguards for environmental rights is emphasized. Practical value of findings is linked to possible application in developing water policy and drafting interstate agreements.
creator: M. M. Marat
creator: A. B. Uzakbayeva
creator: G. I. Tursynbayeva
creator: D. A. Nurzhanov
date: 2026-03-26
publication date: 2026-03-26
volume: 0

The exercise of state jurisdiction in relation to stateless vessels on the high seas
type: item
description: This article examines the international legal grounds and limits for the exercise of state jurisdiction over stateless vessels on the high seas. The topic has gained practical importance due to the increasing use of vessels lacking or unable to prove nationality in contexts such as irregular migration, smuggling, trafficking in persons, IUU fishing, and other forms of transnational maritime crime. At the same time, legal uncertainty persists regarding the permissible scope of maritime enforcement measures against such vessels. The purpose of the article is to clarify when states may lawfully conduct visit, inspection, detention, and seizure in relation to stateless vessels and to identify the minimum safeguards required to ensure compliance with international human rights obligations and, in migration-related operations, the principle of non-refoulement. The study employs doctrinal legal analysis and treaty interpretation of the law of the sea, comparative assessment of competing scholarly approaches to the status of stateless vessels, and an analysis of relevant judicial and operational practice. The findings propose practical criteria for establishing statelessness, distinguish between prescriptive and enforcement jurisdiction, and articulate necessity, proportionality, and procedural good faith as baseline requirements for lawful intervention on the high seas.
creator: K. I. Utegaliyeva
creator: Zh. G. Ibrayev
creator: A. A. Alimbayeva
date: 2026-03-26
publication date: 2026-03-26
volume: 0

Treaty frameworks of international space law and their relevance for Kazakhstan: legal complexities implementation challenges and prospects for reform
type: item
description: This article examines the evolution of the formation and current direction of international space law, analyzes its fundamental principles and current issues. The principles of peaceful uses of space, non-national appropriation, and international cooperation for the benefit of humanity are described as one of the main pillars of this area of law. At the same time, the study pays special attention to new challenges, such as the widespread participation of the private sector in space activities, the development of space resources, ensuring environmental sustainability, and the threat of militarization of space. In addition, the level of Kazakhstan's participation in international space treaties and their implementation in the national legal system is assessed, and the special status of the Baikonur Cosmodrome, gaps in the national space legislation of 2012, and the inadequacy of regulatory mechanisms are analyzed. Based on the comparative legal method and international experience, the article presents specific recommendations aimed at ensuring Kazakhstan's full compliance with international space law, improving the national space management system, and strengthening the country's role as a responsible space state.
creator: M. B. Aitbek
creator: R. B. Atadjanov
creator: D. S. Umarkhanova
date: 2026-03-26
publication date: 2026-03-26
volume: 0