Авторы, публикующие свои работы в этом журнале, соглашаются со следующими условиями: Авторы сохраняют за собой авторские права и предоставляют журналу право первой публикации, при этом работа одновременно лицензируется в соответствии с лицензией Creative Commons Attribution , которая позволяет другим делиться работой с указанием авторства и первоначальной публикации в этом журнале. Авторы могут заключать отдельные дополнительные договорные соглашения о неисключительном распространении опубликованной в журнале версии своей работы (например, размещать ее в институциональном репозитории или публиковать в книге) с указанием на ее первоначальную публикацию в этом журнале. Авторам разрешается и рекомендуется размещать свои работы в интернете (например, в институциональных репозиториях или на своих веб-сайтах) до и во время процесса подачи заявки, поскольку это может привести к продуктивному обмену мнениями, а также к более раннему и частому цитированию опубликованных работ (см. « Влияние открытого доступа »).
Ethics comissioner in the system of monitoring compliance with ethics by civil servants
Abstract The article is devoted to the analysis of the system of state control over compliance with ethical principles and standards in the civil service of the Republic of Kazakhstan as a key instrument for ensuring legality, integrity, and public trust in the activities of public authorities. The significance of ethical norms in preventing corruption, conflicts of interest, and abuse of official powers is examined. Particular attention is paid to institutional mechanisms of state control, including the activities of ethics commissioners, councils, commissions, and other supervisory bodies in this field. The forms and methods of state control are analyzed, such as legal and regulatory framework, monitoring of civil servants’ conduct, conducting internal investigations, and the application of liability measures. The article also explores foreign experience in state control systems for compliance with ethical and anti-corruption standards in the civil service. Emphasis is placed on the role of prevention of ethical violations, the formation of a culture of official conduct, and the enhancement of legal and ethical awareness among civil servants. It is concluded that the effectiveness of state control largely depends on the coherence of legal, organizational, and educational measures, as well as on the transparency and accountability of the civil service. The results of the study may be used in further improving the system of ethical regulation and control mechanisms in the civil service.
Digital migration and state sovereignty: a theoretical and legal analysis
In the context of economic digitalization, platform-based employment, and the growth of cross-border remote work, digital migration has become an important legal phenomenon affecting both employment regulation and the limits of state sovereignty. The study aims to provide a theoretical and legal analysis of the impact of digital migration on the transformation of employment, jurisdiction, and state regulatory mechanisms. The main research directions include examining the gap between territory and jurisdiction, analyzing the hybrid legal status of platform workers, assessing changes in migration and tax policy, and identifying the growing role of algorithmic management. The scientific significance of the article lies in advancing the concepts of functional jurisdiction and the digital transformation of sovereignty. Its practical significance is linked to the possibility of using the findings to improve Kazakhstan’s legislation on employment, migration, and social protection. The methodology combines doctrinal, comparative legal, and systemic analysis of national legislation, ILO and OECD standards, and comparative foreign practice. The study shows that digital migration deepens jurisdictional gaps, fragments workers’ legal status, and strengthens non-state regulatory mechanisms. The value of the research lies in substantiating Lex Digitalis as a promising model for regulating digital labor.
Legal aspects of Kazakhstan’s migration policy in the context of national security and foreign experience
The article examines the current state of Kazakhstan’s migration policy through the lens of national security and focuses on the transition from simple control and registration of violations to a more preventive system of migration management. The purpose of the study is to substantiate the need to introduce “digital filters” and predictive models into the legislation of the Republic of Kazakhstan in order to regulate migration flows more effectively. The research is based on a comparative analysis of key strategic documents, including the Concept of Migration Policy of the Republic of Kazakhstan for 2023–2027 and the Concept of Migration Policy until 2030, as well as on the study of relevant foreign experience. Statistical data from the Bureau of National Statistics of the Agency for Strategic Planning and Reforms were also used to assess current migration trends. The analysis shows that the e-Visa and e-Qonaq systems currently function mainly as registration tools and do not fully use the analytical potential of Big Data. The authors propose introducing a “migration trust index” that links a foreigner’s legal status with tax and administrative discipline. This would help identify risk zones in advance.
The place of customary law in the modern system of military-patriotic education under conditions of state digitalization
The research paper examines the historical-legal and socio-pedagogical role of the institutions of Kazakh traditional customary law in the formation of military-patriotic education. The study analyzes the influence of the norms of customary law («Zheti Zhargy», military-patriotic and military-combat traditions) on the development of patriotic consciousness among young people, as well as their sense of military duty and civic responsibility. Based on the findings of the study, customary law is considered as a value-based and normative foundation of militarypatriotic education, and directions for its digitalization and integration into the modern system of military-patriotic education in Kazakhstan are proposed. In addition, the scientific novelty of the work lies in the examination of the implementation of customary law norms into the digital systems of the Ministry of Defense of the Republic of Kazakhstan – «Smart Voenkomat», «Armia.kz», «Sarbaz 2.0», and «Askeri Ziyat». The empirical basis of the research consists of the findings of studies conducted by foreign scholars. The main objective of the research is the scientific substantiation of methods and mechanisms for preventing offenses arising among military personnel and soldiers in military organizations and institutions, as well as ways of resolving them through the implementation of customary law norms into the artificial intelligence-based digital systems of the Ministry of Defense of the Republic of Kazakhstan.
Citizens’ participation in electoral processes as the main factor in the formation of democracy in the Republic of Kazakhstan
This article addresses the issue of insufficient citizen participation in electoral processes in the Republic of Kazakhstan amid growing public demand for political activity (political absenteeism). In the context of the country’s democratic development, citizen engagement in electoral processes is a crucial factor in the strengthening of democratic institutions. The study analyzes the key reasons for the low electoral turnout of Kazakhstani citizens, including insufficient legal awareness and literacy, mistrust of the electoral system, the influence of socioeconomic factors, and the lack of effective mechanisms to stimulate civic participation. Solutions are considered, including modernizing electoral legislation, increasing the transparency of election procedures, strengthening the role of civil society, and strengthening public oversight of government agencies. Particular attention is paid to a theoretical understanding of democratic processes in Kazakhstan through the lens of the interrelationship between the concepts of “democracy,” “meritocracy,” and “ochlocracy.” It concludes that certain electoral qualifications need to be revised to find a balance between democratic principles and the requirements for the qualitative composition of the electoral corps. It is concluded that it is necessary to improve legal literacy among citizens of Kazakhstan in order to avoid the election of demagogues and ineffective managers to elected positions.
The right to work in the context of the new constitutional reform and digitalization of the state sphere
The digital transformation of the economy has a significant impact on the content and mechanisms of the implementation of the constitutional right to work. The spread of digital technologies, the development of a platform economy, remote employment, and algorithmic labor management systems are forming new models of labor relations that require adaptation of existing legal mechanisms for employee protection. In these conditions, the study of constitutional and legal mechanisms for ensuring the labor rights of employees in the context of the digitalization of the economy is particularly relevant. The purpose of this article is to analyze the transformation of the constitutional right to work in the digital economy and identify modern constitutional and legal mechanisms for ensuring workers’ labor rights in the spread of new forms of employment. The study examines the impact of digital technologies on the structure of the labor market, the features of platform employment and the use of algorithmic labor process management systems.
Comparative legal analysis of the activities of state authorities in the field of hydraulic structures
The article examines the activities of the state bodies responsible for the construction and safety of hydraulic engineering structures in the Republic of Kazakhstan. It establishes the necessity of improving the effectiveness of state legal regulation in ensuring the safety of hydraulic engineering structures. Based on comparative legal analysis, a study was conducted into the specific legal status of the bodies responsible for the operation of hydraulic engineering structures in Central Asian states and other foreign countries, scientific initiatives were undertaken to identify the best model for managing the operation of hydraulic engineering structures. The study concluded with findings regarding the need to improve the activities of the state bodies responsible for the operation of hydraulic engineering structures in the Republic of Kazakhstan. It was concluded that a law on hydraulic engineering structures should be adopted in our country, establishing the remit and authority of a specialised state body. The results of the research are recommended for application in scientific research on the country’s water law and in legislative activity concerning the legal regulation of water relations.
Poaching in the system of state management of natural resources: issues of legal regulation
The study provides a comprehensive interpretation of the illegal seizure of natural resources as a socio-legal phenomenon that threatens environmental sustainability and public order. Poaching is considered not only as a breach of regulatory requirements, but also as an indicator of a crisis in social values, in which natural objects are viewed mainly through utilitarian benefit. The paper substantiates the need to revise existing categorical approaches and to include plant resources among legally protected objects alongside wildlife. The relevance of the topic is linked to the growing transboundary character of illegal nature use, the expansion of shadow markets for biological resources and the participation of socially diverse groups in unlawful schemes. The analysis shows that environmental policy can be effective only through a combination of legal mechanisms and the formation of responsible attitudes toward nature. Special attention is given to the need for a unified legislative definition of poaching to remove terminological inconsistencies and improve law enforcement. The interdisciplinary approach allows poaching to be examined as a threat to national security and the ecological identity of the state.
State-confessional models of providing freedom of religious conviction
This article analyzes in detail the types of State-confessional relations in modern political and legal systems and their impact on the exercise of freedom of religion by an individual. Particular attention is paid to the classification and description of such basic models of interaction between the state and religious associations as secularism, authoritarian control, cooperative model. Their manifestations in various countries, including European states and former Soviet republics, emphasize the real development of religious policy in the post-totalitarian period. In the context of strengthening socio-political stability, national security, civic identity, the author emphasizes the importance of analyzing religious policy and institutionalizing state-confessional relations. The author considers the legal and socio-cultural interpretation of the concepts of «traditional religion» and «state religion» and examines the complexity of their application in multinational and multi-confessional societies. Particular attention is paid to the thesis that the typology of models of State-confessional relations is determined by the historical nature of interaction between religious institutions and society, which is especially pronounced. Analyzing various examples, the author proposes to take into account the cultural and historical context when developing a balanced and effective religious policy based on the principles of human rights, pluralism and mutual respect.
Trademark protection: the practice of Kazakhstan and the European Union
This article is devoted to a comparative legal analysis of trademark protection mechanisms in the Republic of Kazakhstan and the European Union. The relevance of the study is обусловлена the increasing number of infringements of exclusive rights in both jurisdictions, as well as the ongoing convergence of regional legal systems within the framework of the EAEU and their harmonization with international standards. The purpose of the study is to identify common approaches and key differences in enforcement practice and to formulate recommendations for improving Kazakhstani legislation, taking into account the experience of the EU. The methodological framework comprises comparative legal analysis, examination of judicial practice, and statistics. The article reviews key cases from Kazakhstan and precedents of the Court of Justice of the EU. Kazakhstan’s system effectively combats counterfeiting, while EU practice is more focused on protecting brand reputation and preventing actions that may undermine brand prestige; therefore, to incorporate European experience into Kazakhstan’s legislation, following measures are proposed: amend Article 43 of the Law on Trademarks, Service Marks, Geographical Indications and Appellations of Origin to include brand reputation protection; establish a procedure for the prompt removal of unlawful digital content; and strengthen pre-trial dispute resolution by developing mediation mechanisms.
Legal regulation of lending to individuals in Republic of Kazakhstan: problems and ways of improvement
The article explores the state and prospects of legal regulation of consumer lending in the Republic of Kazakhstan. Given rising risks of over-indebtedness, the need for adoption of a specialized Law on Consumer Credit is substantiated. The study identifies deficiencies in legislation and formulates a scientific approach to protecting financial consumers’ rights. A systemic analysis of challenges hindering financial stability of citizens is conducted. Legal conflicts in microfinance and online lending are examined, including digital fraud risks and flaws in remote identification. Special attention is devoted to the formalistic nature of pre-trial settlement; the need for a direct legislative obligation to restructure debt in difficult life circumstances is justified. A comparative legal analysis investigates the Republic of Uzbekistan’s experience in implementing its Law “On Consumer Credit”, mandating a cashless loan provision. The key finding substantiates the need to consolidate fragmented norms into a single legislative act to increase transparency and protect citizen solvency. Scientific novelty consists in identifying regulatory gaps obstructing the safeguarding of borrowers’ interests amidst digital transformation. Practical utility is expressed in legislative recommendations designed to alleviate the public’s debt load.
The article is devoted to consideration of categories «time» and «space» in intellectual property law. Time and space is the manifestation of the physical natural processes of life in general, being a completely objective indicator, can act also in ippostacy legally significant categories. In the article, the author reveals the influence of time on relations in the sphere of intellectual property, the problem of the duration of exclusive rights is studied, because property rights to objects of intellectual property can only be defensible for a certain time, Personal non-property rights are indefinite, the time factor does not affect their maintenance and protection. Another category that attracts the attention of the author is space, with which the concept of «territory» is linked in law. The exclusive rights are limited, thus only valid in a certain territory. The author considers exceptions to this rule. Intellectual property law is currently facing new challenges related to the use of objects on the Internet and artificial intelligence. Taking into account that the Internet space is not limited by the borders of the state, accordingly, to subjugate regulation of all
Problematic aspects of the legal regulation of the development, deployment, and use of artificial intelligence technologies in the Republic of Kazakhstan
This article addresses one of the most relevant spheres of social life in the era of digitalization, namely the legal regulation of activities related to the development/deployment/use of artificial intelligence (AI) technologies in Kazakhstan. The widespread dissemination of these technologies is evidenced by their everyday use by virtually all of us through voice assistants, chatbots, and online user support systems across various internet resources and platforms. The purpose of this study is to analyze the problems arising in the legal regulation of the development/deployment/ use of AI technologies in the Republic of Kazakhstan, as well as to formulate proposals for the development of a normative legal act whose provisions would regulate the ethical aspects of the development and deployment of AI technologies. Accordingly, the article possesses both scientific and practical significance in identifying the key problems of the legal regulation of the processes under consideration. The principal methods of our systemic analysis were concentrated on legal modeling. We also address a number of issues through the application of the analytical method; however, a more detailed discussion of the applicable methodological framework and materials is provided later in the article itself.
Civil liability for damage caused by artificial intelligence systems: key issues of legal regulation in the Republic of Kazakhstan
The article analyzes the current model of civil liability for damage caused by artificial intelligence systems in the Republic of Kazakhstan and assesses the need for its improvement. The study examines why, despite the adoption of a special law on artificial intelligence, compensation for harm continues to rely on the traditional tort mechanisms of the Civil Code, and whether these mechanisms are capable of addressing algorithmic autonomy, complex technological chains, evidentiary asymmetry, and risk allocation. Using formal-legal, comparative-legal, systemic, and doctrinal methods, the research analyzes the Law of the Republic of Kazakhstan “On Artificial Intelligence”, the Civil Code, domestic legal doctrine, the European Union AI Act, the Product Liability Directive, and foreign legal practice. The study concludes that granting artificial intelligence independent legal personality does not simplify compensation mechanisms but instead obscures the identification of liable persons. A more effective approach is proposed whereby external liability toward the victim is concentrated on the entity that introduced and used the system, while liability among developers, integrators, and service providers is distributed through recourse claims. The article also argues that, for high-risk systems, failure to preserve logs, audit materials, and risk documentation should create adverse evidentiary consequences for the defendant.
Family legal liability of spouses in system of measures for protection of family legal relations in Republic of Kazakhstan
The article is devoted to analysis of family legal liability of spouses within system of measures for protection of family legal relations in Republic of Kazakhstan. Author considers liability not as punitive mechanism, but as complex of restorative, compensatory and protective measures implemented through judicial, contractual, enforcement and administrative instruments. Study is based on formal-legal, systemic and comparative legal approaches. Particular attention is paid to alimony obligations, division of property, marital agreements and protection measures in cases of domestic violence. Impact of constitutional changes on access to justice is demonstrated, particularly transition to subjective model of limitation periods. Key problems of law enforcement are identified, including uncertainty of spouses’ general obligations, difficulties of proof, weak enforcement of decisions and shortcomings in procedural fairness. Recommendations for improving legislation and practice are proposed. Additionally, necessity of intersectoral coordination between family, civil and administrative law is substantiated. Role of institutional infrastructure, including family support centers, in ensuring effective protection of rights is emphasized. It is concluded that institution of liability has multi-level nature and plays significant role in ensuring stability of family relations and protection of human rights, which determines prospects for further development in context of digitalization and strengthening of legal guarantees.
On some problems of ensuring the rights and legitimate interests of those sentenced to imprisonment
The article considers such an important problem of law enforcement activity as ensuring the rights and legal interests of the prisoners under sentence. As a result of non-fulfill or incomplete fulfill of the rights and legal interests of the prisoners under sentence by the authorized bodies obliged to perform such an important state function as the execution of punishments violate not only the constitutional rights and legal interests of the prisoners, but also fail to comply the requirements of the Basic Law of the Republic of Kazakhstan – the Constitution of the Republic of Kazakhstan. The implementation of the task on ensuring the rights and legal interests of citizens during the execution of punishment is a state task arising from the provisions of the Constitution of the Republic of Kazakhstan, where Article 1 stipulates that the Republic of Kazakhstan proclaims itself as a democratic, secular, legal and social state whose highest values are a person, his life, rights, and freedoms. The authors of this article set out the main directions for ensuring the rights and legal interests of the prisoners under sentences in the Republic of Kazakhstan.
Features of the use of digital evidence in fraud cases in the criminal proceedings of the Republic of Kazakhstan
This article is devoted to the specific features of the use of digital evidence in criminal proceedings in fraud cases. The choice of topic is обусловлено by the fact that the modern development of technology has had a significant impact on the nature of criminal offenses, including fraud, as well as on the process of collecting evidence. In law enforcement practice, investigative and inquiry authorities are increasingly confronted with the growing role of digital evidence, which is manifested in data obtained from electronic correspondence. This, in turn, gives rise to additional issues. The authors of this article set out to identify the specific features of the use of digital evidence in criminal proceedings during the investigation of fraud cases. The methods selected from the arsenal of general scientific and special methods used in writing this article enabled the authors to conduct a critical analysis of both the current legislation of Kazakhstan and academic doctrine. The conclusions formulated by the authors make it possible not only to identify the emerging problems, but also to suggest possible ways of resolving them through the prism of the unique features of digital evidence in fraud cases.
Problems of admissibility and evaluation of evidence obtained using artificial intelligence in criminal proceeding
This article is dedicated to investigating the complex issues surrounding the admissibility and evaluation of evidence generated through artificial intelligence (AI) technologies within the criminal proceedings of the Republic of Kazakhstan. The relevance of this study is underscored by the rapid integration of algorithmic data analysis, intelligent video surveillance, facial recognition systems, and automated Big Data processing into the activities of law enforcement agencies and courts. The primary objective of the research is to identify the legal nature of Al-generated evidence and define the specific procedural conditions for its admissibility and evaluation in accordance with the Criminal Procedure Code of Kazakhstan. The scientific and practical significance of the work lies in the systematization of legal risks associated with the “black box” effect of algorithms and the development of recommendations to minimize these risks in judicial practice. The study concludes that the key criteria for ensuring the legality of Albased evidence include algorithm auditability, data traceability, and strict adherence to constitutional procedural guarantees. Furthermore, the authors propose specific legislative amendments to prevent the replacement of a judge’s or investigator’s independent judgment with automated software conclusions, thereby ensuring a balance between technological innovation and human rights.
The use and legal regulation of artificial intelligence technologies in the criminal procedure of the Republic of Kazakhstan
The article examines the legal and practical aspects of the use of artificial intelligence in the criminal procedure of the Republic of Kazakhstan in the context of the digital transformation of justice. The current criminal procedural legislation is analyzed in terms of its readiness for the integration of digital technologies, with a focus on gaps in the regulatory framework, the absence of necessary legal definitions, and the lack of mechanisms of legal liability in the use of AI. Particular attention is paid to the need for the statutory consolidation of key concepts and procedural limitations related to AI. The article substantiates the inclusion of the definition of AI in Article 7 of the Criminal Procedure Code of the Republic of Kazakhstan, with reference to sector-specific legislation. It proposes two directions for legislative development: selective amendments to existing provisions of the Code and the development of a separate article or chapter regulating digital technologies and AI in criminal procedure. The proposed measures are aimed at ensuring the use of AI in the interests of justice while preserving individual procedural guarantees.
Legal Terminology and Translation Issues in the Criminal Procedure Legislation of the Republic of Kazakhstan
This article examines current issues related to the accuracy of translating legal terminology in the criminal procedure legislation of the Republic of Kazakhstan. Particular attention is paid to the implementation of the fundamental principle of the language of judicial proceedings and its impact on the quality of law enforcement. The study aims to provide a comprehensive analysis of the specific features of legal terms, identify deficiencies in their translation in normative legal acts, and develop scientifically grounded recommendations for improving the linguistic support of criminal proceedings. The scientific and practical significance of the research lies in the need to ensure uniform interpretation of legal norms in the state language in order to protect the rights of participants in the proceedings. The methodology is based on a systemic approach and includes comparative legal analysis of Kazakh and Russian texts, content analysis of translation studies literature, and examination of official interpretations and legal acts. The findings demonstrate that literal translation of legal concepts often distorts their meaning, creating risks of violating the principle of legality. The study proposes measures for terminology unification to improve legal translation quality, eliminate ambiguity, and enhance law enforcement practices.
Administrative and legal mechanisms for the prevention of cyber offenses among minors: comparative analysis
The article analyzes administrative-legal mechanisms for preventing unlawful behavior of minors in cyberspace amid digital transformation, proposing measures to improve Kazakhstan`s legislation. It assesses international experience and its adaptation to the national legal system. The research applies comparative legal analysis, content analysis of normative legal acts, and legal modeling. Interviews with Almaty secondary schools’ inspectors and an online parent survey were conducted, empirical data from open sources analyzed. The study identified the absence of specific provisions in the Code of the Republic of Kazakhstan on Administrative Offenses (CAO) regulating minors` digital misconduct. Weak interagency coordination and limited information exchange between schools and law enforcement reduce children’s online safety. Survey and interview results showed low parental awareness of children’s digital behavior and insufficient school-based prevention. Analysis of international approaches (the UK Online Safety Act, the Children’s Online Privacy Protection Act (COPPA), the EU General Data Protection Regulation (GDPR)) revealed effective ways to protect minors online and relevant adaptation models. This demonstrates the need to update administrative-legal regulation. It proposes introducing CAO provisions on minors` cyber offenses, establishing mandatory information-exchange procedures between schools and law enforcement, developing digital literacy, cyber hygiene programs, and implementing an interagency mechanism for monitoring children’s online safety.
Phishing in the criminal law of the Republic of Kazakhstan: legislative gaps and law enforcement challenges
With rapid digital change, phishing has become one of the most common forms of cyber fraud. This article explores challenges in its criminal law qualification in Kazakhstan, pointing out legislative gaps that complicate accurate assessment of acts committed through information technologies. In practice, such actions fall under different Criminal Code articles, reducing consistency and preventive effectiveness. Case analysis highlights difficulties in distinguishing criminal elements and proving intent when electronic resources are the main tool. Comparison with foreign practice shows that many countries already treat phishing as an independent crime, enabling clearer classification and earlier intervention. The study applies formal legal analysis, comparative research, and review of judicial practice. This methodology helps identify core problems and supports practical recommendations. The authors argue for amendments to the Criminal Code of Kazakhstan, including explicit recognition of phishing as network fraud with a clear definition of its features. Implementing these proposals would unify enforcement, improve judicial predictability, and strengthen protection of citizens in the digital environment. The findings hold theoretical and practical significance, advancing criminal law theory and supporting effective measures against cybercrime.
Proportionality of punishment as principle of criminal law and problems of its practical application in Republic of Kazakhstan
The article examines principle of proportionality of punishment as key element of criminal law and mechanism for limiting state repression in Republic of Kazakhstan. Theoretical approaches to understanding proportionality are considered, including retributive, functional and operational aspects, as well as their influence on formation of modern criminal policy. Special attention is paid to analysis of normative foundations of implementation of principle of proportionality through general principles of sentencing, judicial practice and explanations of highest judicial bodies. Main problems of law enforcement are identified, including template nature of judicial reasoning, inconsistency in sentencing, difficulties in application of norms on more lenient punishment, as well as risks of disproportionality in cases of concurrence of offenses. Influence of stage of execution of punishment, including parole and probation, on actual severity of criminal impact is separately analyzed. Necessity of improving mechanisms for ensuring proportionality through standardization of judicial practice, development of alternatives to imprisonment and strengthening institutional guarantees of fairness of punishment is substantiated. Results of study can be used in improvement of criminal legislation and judicial practice. Practical significance of work lies in formulation of recommendations aimed at increasing effectiveness and predictability of sentencing.
Smart contracts in kazakh legislation: problems of civil law qualification and evidence in criminal proceedings
A smart contract is more than a technical phenomenon; it raises legal questions about intent, transaction form, and obligation performance in a digital environment. Kazakhstani law, including the Civil Code and the Law on Electronic Documents, provides a basis for digital tools in contracts, recognizing electronic forms and the principles of freedom of contract. AIFC law further validates automated systems. However, the lack of a conceptual definition in civil legislation creates challenges for public law. This article argues that smart contracts should not be viewed as standalone contract types but through a functional approach: as either a form of expressing intent or an automated performance mechanism. Special focus is placed on criminal proceedings. The authors demonstrate that the absence of a clear definition complicates distinguishing civil torts from cybercrimes and hinders the use of code as evidence or the seizure of digital assets. The core issue is the discrepancy between traditional civil law constructs, blockchain logic, and current procedural evidentiary standards in Kazakhstan.
Features of the investigation of stalking in bullying
The article is devoted to the formation of a new paradigm of personal security protection in the legal field of the Republic of Kazakhstan, due to the criminalization of harassment. The purpose of the study is to develop proposals for improving the investigation of stalking in bullying in the absence of established law enforcement practice. The scientific novelty of the research lies in the author’s proposed approach to defining the evaluative feature “significant harm” and the need for its normative specification to ensure uniformity of law enforcement practice is substantiated. The use of a set of general scientific and private scientific methods allowed us to present a model of the transformation of bullying into stalking in order to more accurately qualify the crime. The research materials included the norms of criminal and administrative legislation, scientific publications by domestic and foreign authors, as well as an analysis of typical investigative situations. The practical significance is determined by the possibility of using the proposed recommendations in improving legislation, developing departmental investigative techniques and improving the effectiveness of evidence in stalking cases in a digital environment.
Victimologicаl problems in violent crimes prevention
This article examines the victimological prevention of violent crime in the Republic of Kazakhstan. It examines the role of victimology in studying crime victims, their behavior, and the likelihood of committing a crime. It also analyzes the socio-psychological and legal aspects of victimology and explores ways to improve the effectiveness of victim protection systems. The main objective of this work is to analyze the prevention of various crimes, such as domestic violence, street violence, bullying, and youth violence. The study considers not only the crime rate but also the social situation in society, the legal culture of citizens, the role of family and education, and the level of legal literacy in society. The article simultaneously examines the socio-psychological and economic factors that increase the likelihood of violence and evaluates the comprehensiveness and effectiveness of preventive measures. The article is based on an analysis of the activities of law enforcement and social welfare agencies, citizen protection mechanisms, and the role of public organizations and volunteers. The study presents practical recommendations for improving the system of violent crime prevention, as well as recommendations aimed at increasing legal literacy and social protection for citizens. It also emphasizes the importance of creating a culture of prevention through coordinated social, educational, and law enforcement efforts. This approach helps prevent violence, improve public safety, and strengthen citizens’ legal accountability.
Issues of information and communication support for countering criminal offenses in the Republic of Kazakhstan
The article examines the evolution and current state of the mechanism of information and communication support for countering criminal offences in the Republic of Kazakhstan. The stages of formation and development of digital and information-analytical systems of internal affairs bodies, as well as the features of implementing operational control centers, are analyzed. Particular attention is paid to the regulatory and legal framework for information protection in the context of the development of information and communication technologies, as well as to the correlation between the concepts of “information security,” “cybercrime,” and “digital crime.” It has been revealed that international documents lack a statutory definition of cybercrime or digital crime. Moreover, scholars hold differing views on this matter. It is also necessary to consider the current state of artificial intelligence implementation and its application in the criminal environment. This is particularly important when balancing the differences between these concepts. This also impacts the expansion of the concept of information security. Based on the analysis of national legislation and international standards, refined author’s definitions and directions for improving legal regulation are proposed.
Implementation of international standards for countering cybercrime in the criminal legislation of Kazakhstan
The article examines theoretical and practical issues of implementing international standards for combating cybercrime into the criminal legislation of the Republic of Kazakhstan. A comparative legal analysis of the provisions of the UN Convention against Cybercrime (2024 edition) and the norms of the Criminal and Criminal Procedure Codes of the Republic of Kazakhstan (2025 edition) is conducted. Gaps and inconsistencies that hinder the effective application of criminal law provisions in the context of digitalization are identified. It is revealed that Kazakhstani legislation only partially covers the elements of crimes related to illegal interception of data, interference with the functioning of information systems, and other forms of digital offenses. The need to introduce separate criminal offenses corresponding to Articles 8–17 and 23–35 of the UN Convention, as well as to improve procedural mechanisms for international cooperation and the handling of electronic evidence, has been substantiated. It concludes that harmonizing national legislation with international standards is an important condition for strengthening digital security and improving the effectiveness of criminal justice in the Republic of Kazakhstan.
Criminological profile of individuals committing sexual offences against minors: comparative legal analysis of the legislation of Kazakhstan, Russia and Germany
Sexual offences against minors are characterized by high levels of underreporting and a pronounced interdisciplinary dimension, as they intersect criminal-law prohibitions, social risk factors, and offender-specific behavioral dynamics. This study seeks to construct a criminological profile of individuals who commit sexual offences against minors and to examine how differences in legal regulation across Kazakhstan, Russia, and Germany influence prevention, detection, and post-release risk management. The paper comparatively analyzes (i) age-based protection thresholds and offence structures, (ii) special legal mechanisms such as supervision, treatment, and transparency measures, and (iii) the regulation of online contexts, including grooming-related conduct, content-based influence, and technology-facilitated abuse. Methodologically, the research combines comparative legal and doctrinal analysis with a functional assessment of supervision and treatment regimes, as well as a synthesis of recent peer-reviewed evidence on cybergrooming strategies and recidivism patterns among online child sexual exploitation material (CSEM) offenders. The findings reveal convergence in recognizing digital environments as significant criminogenic factors, alongside divergence in age constructions and in the extent to which medical and supervisory measures are embedded within criminal-law frameworks. Practical implications include risk-oriented prevention and differentiated assessment strategies reflecting offender heterogeneity.
The problems of ensuring the professional safety of advocacy in criminal proceedings in the context of digitalization
In the context of the digitalization of criminal proceedings, ensuring the professional security of the defense has become an important issue in contemporary legal scholarship. While the transition to electronic criminal procedure has enhanced the efficiency of legal practice, it has also exposed defense attorneys to new professional risks and cybersecurity threats. This study aims to identify legal and organizational mechanisms for ensuring the professional security of lawyers when using the “E-Zan Komegi” information system and engaging in electronic interaction with criminal justice authorities. Particular attention is paid to the protection of attorney-client privilege during pre-trial investigation and court proceedings, the safeguarding of personal data of suspects and defendants, and information security in handling electronic evidence. The article substantiates the need to develop security standards for digital interaction between law enforcement agencies and the legal profession. The findings demonstrate the importance of improving the electronic warrant system in criminal cases, enhancing the security of digital attorney requests, and strengthening lawyers’ cyber literacy and digital competencies. The study proposes the development of unified guidelines for the secure use of digital technologies by lawyers, the introduction of technical measures to protect confidential lawyer-client communications, and stronger oversight of electronic warrant procedures.
Speech Manipulation in Public Speeches: A Methodology for the Linguistic Expert Analysis of Disputed Texts
This article examines speech manipulation within media texts and provides a structured framework for its identification in forensic linguistic practice. The study addresses the rising conflict potential in modern public communication, which demands more precise, context-sensitive tools to interpret controversial statements that impact public opinion and social reputation. A critical review of both domestic and international research highlights existing methodological gaps and underscores the importance of an integrated approach – one that combines semantic, pragmalinguistic, and discourse analysis. Using a public video address as a case study, the research demonstrates how specific linguistic mechanisms of influence operate under real-world pragmatic conditions. The study establishes a systematic set of criteria to help experts qualify manipulative speech by analyzing its semantic structure, intent, and context. These findings offer practical utility for forensic linguistic expertise, particularly when distinguishing between verifiable factual claims and subjective value judgments in legal disputes.
The legal nature and concept of educational work with persons sentenced to imprisonment
This article presents a comprehensive study of the legal nature and content of the concept of «Educational measures» withconvictssentencedtodeprivationofliberty, representingoneofthekeyinstitutionsofpenalenforcement law. The relevance of the topic is driven by the absence of statutorily defined concepts of “educational work” and “educational impact” within the legislation of the Republic of Kazakhstan, which leads to ambiguity in their scholarly interpretation and complicates law enforcement practice. The purpose of this research is to analyze penal enforcement legislation and academic literature to determine the content, correlation, and legal nature of the aforementioned concepts. The core idea of the study is that the effectiveness of educational work should not be determined by the formal application of impact measures, but rather by their substantive and purposeful implementation during the convicts’ rehabilitation process. The methodological framework of the study comprises formal-legal, systemic, and comparative legal methods. As a result of the research, the necessity of legally formalizing the concepts under consideration is substantiated, and the author’s approach to defining the content of educational work is proposed. The scientific significance of the study lies in the development of the theoretical foundations of penal enforcement law, while its practical value lies in the potential application of the findings to improve legislation, enhance the operations of penal system institutions, and develop mechanisms for the resocialization of convicts.
Issues in the legal regulation of the subsidization of organic agriculture
This article analyzes the legal issues arising in the regulation of the subsidization of organic agriculture. The growing demand for environmentally friendly products, threats to crop production caused by global climate change, and the need to ensure environmental safety as well as protect human life and health are giving new impetus to the development of organic agriculture. Since the production of organic products is a relatively new and developing area, the study of legal issues related to state regulation and subsidization of this sector is of particular relevance. In the context of digitalization, the use of modern information technologies is becoming increasingly important for ensuring the transparency and accessibility of the subsidy system, including in the processes of product certification, monitoring, and quality control. The study examined national legislation and the legislation of foreign countries in the field of organic agricultural production. The experience of the United States, the European Union in the field of subsidization was analyzed, and recommendations were developed for the application of best foreign practices in domestic production. The authors propose the creation of a separate digital register intended for the control and supervision of the production and circulation of organic agricultural products.
International legal regulation of the protection of personal medical data of a patient in cross-border medical insurance systems
In the context of digitalization of healthcare and the growth of cross-border mobility of patients, the protection of personal medical data in international health insurance systems is becoming increasingly relevant. Leading international organizations such as WHO, OECD, and the European Union are developing global standards for digital healthcare management based on the principles of confidentiality, transparency, and legal compatibility. The purpose of the study is to identify international legal mechanisms for protecting patients’ medical data in cross-border insurance and to propose ways to adapt them to the legislation of Kazakhstan. The methodological framework includes comparative legal, institutional, and system-structural approaches. The empirical basis was formed by an analysis of key documents: supranational (GDPR, Council of Europe Convention No. 108+, EHDS draft) and Kazakhstani (Law “On Personal Data and their Protection”, Code “On Public Health and the Healthcare System”). The implementation of the provisions of Conventions No. 108+ and GDPR into national legislation, the creation of a separate supervisory authority for the circulation of medical personal information, as well as the conclusion of agreements on mutual recognition of medical information security standards within the EAEU are proposed as priority areas for legal modernization. The implementation of these measures will allow Kazakhstan to bring domestic law in line with international obligations and strengthen the regulatory framework for digital healthcare.
Social rights of migrants in conditions of climatic and economic instability: a new constitutional paradigm
This article provides a constitutional law analysis of the protection of migrants’ social rights in the context of climate and economic instability. The intensification of climate-induced mobility, structural transformations of labour markets, and growing economic volatility generate new forms of vulnerability that directly affect the effective enjoyment of social and labour rights. Although international standards on the protection of migrant workers and the doctrine of positive state obligations have evolved significantly, the integration of climate-related factors into the constitutional framework of the social state remains insufficiently conceptualised. The study aims to examine the evolution of international and national approaches to migrants’ social rights and to identify constitutional mechanisms capable of strengthening their protection under conditions of systemic crisis. It concludes that climate and economic vulnerability must be incorporated into the interpretation of the principles of the social state and material equality.
Legal framework for data processing in Big Data and artificial intelligence ecosystems: development of a national regulatory model in the Republic of Kazakhstan
The rapid development of Big Data and artificial intelligence technologies is transforming traditional approaches to the legal regulation of data processing. In the context of digital ecosystems, the classical model of personal data protection no longer covers the entire information lifecycle, including the preparation of training datasets, algorithmic processing, the use of synthetic data, and the functioning of artificial intelligence systems. The article examines the specific features of the formation of the national data governance regulatory model in the Republic of Kazakhstan and compares it with the risk-based approach of the European Union enshrined in the EU AI Act. The study substantiates that the modern legal regime for data should be constructed as a comprehensive regulatory system encompassing objective, subjective, procedural, and institutional levels. An original integrated model of the legal regime for data is proposed, based on the differentiation between personal data, training datasets, synthetic data, and the results of algorithmic processing. It is concluded that there is a need to establish special procedures for auditing high-risk AI systems, assessing their impact on human rights, and implementing mechanisms of algorithmic transparency. The practical significance of the study lies in the development of proposals for improving the legislation of the Republic of Kazakhstan in the field of artificial intelligence and data circulation.