Constitution al and administrative law
The constitutional state, according to E.K. Kubeev, is characterized, first of all, by the fact that it ensures the subordination of the state to law. To date, the existing democratic traditions and experience of Kazakhstan’s statehood allow us to declare the rights, freedoms and interests of the individual as priority values of society under the protection of the state. The state, as an instrument for the protection of citizens, becomes the body that not only proclaims, but also implements universally recognized democratic freedoms and values [1]. The fate of our state and society depends, without exaggeration, on the extent to which the problem of protecting human and civil rights and freedoms finds its theoretical and practical solution. Therefore, the role of state bodies and their officials engaged in law enforcement activities is significantly increasing. Moreover, this activity is carried out in such a legal field in which law enforcement does not depend so much on the quality of the laws adopted as on the officials of the executive authorities themselves, their law-abiding behavior.
In recent decades, the issue of proper waste management has become relevant. One of the main directions of the implementation of the Action Plan for the Transition of the Republic of Kazakhstan to a “green” economy is the field of waste management. The problem is urgent because of the direct dependence of environmental sustainability on proper waste management. Despite numerous reforms, the situation does not change: according to statistics, there is more waste, the environmental condition is deteriorating. It is necessary to consider the problems that may cause this process to occur. The main function of environmental law is the regulatory and legal support of environmental protection activities, including the protection of land, water, and the atmosphere from the negative effects of waste. The study of the problems of effective legal regulation of production and consumption waste management is one of the most important tasks of modern environmental legal science. The practical significance of the conducted research lies in the analysis of the problems of legal regulation of relations in the field of waste.
Criminal law, criminal procedure, criminalistics and forensic expertise
The article discusses the theoretical and practical aspects of the formation of a new criminal policy in the field of combating organized crime in the Republic of Kazakhstan. According to the author, in order to ensure objectivity and fairness in the appointment of criminal penalties, the criminal policy pursued by the state in combating organized crime is of great importance. Since organized crime has an increased public danger to the state and society and represents one of the sources of threat to national security, when implementing criminal liability for crimes committed by organized groups, the following principle should be ensured: the higher the degree of public danger of the crime committed, the harsher the criminal punishment should be. The author analyzes the modern understanding of organized crime, its trends and directions of development. Special attention is paid to such a direction as organized crime in the economic sphere. Based on the analysis of legislation, the works of well-known legal scholars, and law enforcement practice, the author attempts to formulate and substantiate a set of theoretical conclusions and recommendations for improving the fight against organized crime and the implementation of this process within the framework of the state’s criminal policy. The author proposes a number of innovations in the organization of the fight against organized crime in Kazakhstan, namely the creation of an independent body in the country – the Agency for Combating Organized Crime of the Republic of Kazakhstan, directly subordinate to the head of state, and its approximate structure is proposed.
Environmental Protection is an urgent problem, and the life and health of today’s and future generations directly depends on its correct and timely solution. The purpose of this article is to draw specific conclusions by analyzing criminal offenses of violation of environmental requirements when working with environmentally potentially dangerous chemical or biological substances, for which liability is provided for by Article 325 of the Criminal Code of the Republic of Kazakhstan [1]. The importance of the problems and goals raised in the study, the conclusions and recommendations contained in it make a certain contribution to the field of combating environmental criminal offenses, which is one of the chapters of the theory of criminal law. The methodology of the study is a complex of general scientific and individual scientific methods aimed at ensuring the validity and reliability of concepts in the course of the article. Practical value of the article conclusions made by the author within the framework of the study formulate proposals for amendments and additions to the norms of criminal law.
The work of all State bodies and various public organizations is carried out within the framework of the law and contributes to the establishment of the foundations of legality and the strengthening of the rule of law. And many state institutions and public organizations are engaged only in the implementation of the law enforcement function of the state. The areas of law enforcement activity are diverse, among them one can name the bar, which occupies one of the most important places. The legal profession is officially absent from the system of state law enforcement agencies, although its activities are directly related to the implementation of law enforcement functions. According to the Basic Law of the country, the highest values are a person, his life, rights and freedoms. Everyone has the right to judicial protection of their rights and freedoms, and the institute of advocacy promotes the exercise of the right to judicial protection. The questions formulated within the framework of this research question are the core of the improvement and development of advocacy. The research methodology is a complex of general scientific and private scientific methods aimed at ensuring the validity and reliability of concepts in the course of the article.
Theory and history of State and law
While education is one of the natural human rights, education is the acquisition of this natural human right and the opportunity to realize it. In his article, the author states that education is our constitutional right in accordance with our mother’s law and that it is protected by this constitution. However, the fact that it is not approved by a special article in the basic law means that, regardless of the number of mechanisms for monitoring and verifying the quality and content of education, the quality of education does not progress, but decreases due to gaps. in the current legislation. Keeping the education industry under its control at a certain level, the state offers legal regulation, introducing licensing rules as a means of preventing the transformation of the education industry into a full-fledged business with a certain level of quality indicators. Licensing is aimed at preventing various kinds of speculation and illegal business in the field of education. Due to the fact that the penetration of the current mechanism of paid and free education is not regulated at the constitutional level, there are enough gaps in the implementation of its implementation mechanisms in many existing laws. From this point of view, the author explains that licensing of education plays an important role and needs to be improved from a legal point of view.
Since the sphere of education is a social sphere, the implementation of legislation in the field of education, which affects all members of society, depends on the implementation of legislation in it. Negligence and non-compliance with legislation by governing bodies in the field of education, or frequent violations of the law, indicates how lawfully regulated the rule of law to responsibility in this area. In the field of education, a large number of issues are caused by compliance with legal norms governing this sphere, the implementation of its norms, application indicators. The main purpose of the legislation is the prevention, suppression, prevention of offenses in the field of education and a preliminary warning that in the case of an offense, they are brought to responsibility without fail. The current legislation on education, science and the status of teachers does not reflect the legal responsibility of governing bodies in the field of education. They are sanctioned only by the Code of Administrative Offences and Criminal Codes. Therefore, perhaps it is the lack of a clear reflection of responsibility in the legislation that indicates the inability to fundamentally restrain offenses in this area. The author notes that «in order to properly respond to offenses committed in the field of education, it is advisable to more clearly, most clearly and differentially determine the composition, types of offenses that may occur at different levels of education and in various educational institutions. All violations related to the violation of the norms regulating the learning process, infringement and violation of the rights and legitimate interests of all participants in the learning process should be covered.
Civil law, labor law, civil procedure and arbitration
In this article, the author reveals the degree of implementation of the norms of substantive water law, the problem of the correlation of substantive and procedural law, determines the content of rights and obligations, the procedure for the execution of substantive norms. Considers the legal process as a category characterizing the content of legal activity, i.e. the totality of its constituent legal actions, there is a differentiation of legal phenomena into material and procedural, the development of procedural aspects of the implementation of the norms of substantive water law should be carried out in order to identify and eliminate all obstacles. Analyzes the specific properties and signs of the types of process in different branches of law, reveals the general regularities of the procedural mechanism of the norms of various branches of law outside the traditional types of process. It shows that the sustainable development of the economy is determined by the availability and condition of water resources. The assessment of the conditions for the development of production in a particular area begins, first of all, with the assessment of water resources, which in their importance are close to fuel and energy, which, as is known, form the basis of the basic sectors of the economy.
The article deals with public relations related to exclusive rights to intellectual property objects in the order of inheritance, mechanisms of legal regulation by theoretical methods, as well as law enforcement practice in the field of inheritance, research of theoretical and practical issues of legal regulation of inheritance of exclusive rights, justification of conceptual foundations, theoretical provisions, conclusions, practical recommendations, recommendations for improving the current legislation in this area, the issues of development and protection have been investigated.
In this article, I would like to stay on the study of such aspects of the problem, as reciprocity, and public policy. The situation today in kazakhstani practice, obviously, that raised questions, in particular the question of contradiction to the public policy, are more theoretical. However, such ground, as a contradiction to the public policy, is widely used in international practice as grounds for refusal of recognition and enforcement of a foreign arbitral award. Moreover, understanding of these problems can enhance the understanding the nature of arbitration in general.
ISSN 2959-4200 (Online)