Preview

Eurasian Scientific Journal of Law

Advanced search
No 2 (3) (2023)
View or download the full issue PDF (Russian)

STATE LAW AND MANAGEMENT

5-11 403
Abstract

The article is devoted to one of the most important problems of the general theory of law. The issues of official interpretation of law, despite the relatively greater development in the soviet and modern legal literature of the Republic of Kazakhstan and other states of the post-soviet space, nevertheless, remain relevant. The legislation of our country rather ambiguously and controversially defines the concept and subjects of the official interpretation of laws and other regulatory legal acts, giving rise to some contradictions in the laws themselves and thereby causing an arbitrary interpretation of legislative norms by law enforcement agencies, organizations and citizens. And this is a direct path to arbitrariness, violation of the rights, freedoms and legitimate interests of individuals and legal entities, as well as the state itself and society as a whole. In this regard, the author of this work made an attempt to comprehend this problem from scientific positions and give his own vision of its solution.

CIVIL LAW, CIVIL PROCEDURE

12-17 411
Abstract

Regulation of the dominant position of market entities is a topical issue in the market, and its regulation within the framework of the law is directly related to the development of entrepreneurship, the development of real, fair and fair competition among entrepreneurs. The purpose of this article is to determine the dominant position of a market entity, which is provided for in Article 172 of the Entrepreneurial Code of the Republic of Kazakhstan, and to make an unambiguous conclusion about the liability arising in the event of abuse of a dominant position by a market entity under Article 174 of the Entrepreneurial Code of the Republic of Kazakhstan [1]. The importance of the issues and objectives raised during the study, the conclusions will make a great contribution to the fight against violations in the field of market competition. When studying the topic, general scientific and individual scientific methods were used. The practical value of the article lies in the conclusion made by the author in the context of the study and the formulation of proposals for changing and supplementing the norms of business law.

18-28 251
Abstract

The article is devoted to the study of the prospects for the development of insurance law in the conditions of transformation of market relations and integration processes. The purpose of writing this article is to identify the main directions of development of insurance law in modern conditions of development of market relations in the context of integration within the EAEU. The author puts forward the position that insurance law is at the stage of formation as a complex branch of law. This is confirmed by the conclusions of the author set out in the article. A comprehensive analysis of the theoretical provisions and the system of modern insurance legislation allowed the author to formulate the ways of development of insurance law in the system of Kazakh law in modern conditions of development of market relations in Kazakhstan. The theoretical and practical significance of this article lies in the possibility of using theoretical results when conducting further research in the field of insurance law. The approbation of the conclusions set out in the article will allow to coordinate the theoretical provisions of insurance law and the directions of research in the field of insurance legal relations.

CRIMINAL LAW, CRIMINAL PROCEDURE

29-38 230
Abstract

The need to take decisive measures against officials who undermine business is noted in the President’s Message of September 2, 2019. To date, the criminal legal protection of the interests of entrepreneurship still remains the most effective measure among other preventive measures. At the same time, the responsibility provided for by the criminal law for encroachments in the sphere of activity under consideration does not achieve the goals of punishment. Such common crimes as obstruction of legitimate business activities, raiding and others are one of the most difficult to prove offenses, due to the fact that the actions of the perpetrators are veiled under the legitimate nature of either the performance of their duties or civil transactions. In this regard, the author of the article gives a detailed criminological and criminal-legal characteristics of offenses that infringe on the rights and legitimate interests of business entities. Based on the analysis of statistical data, judicial and investigative practice of consideration of criminal cases related to obstruction of entrepreneurial activity, the experience of foreign countries, a number of measures to improve legislation are proposed. The results obtained can be useful in rule-making activities and updating theoretical approaches to criminal law protection of the rights and interests of entrepreneurs.

39-44 406
Abstract

The article considers the problem of violent crimes committed by minors in the Republic of Kazakhstan. It reveals the main problems that lead to this phenomenon, such as the lack of attention to the prevention of violent crimes, the insufficient number of preventive measures and the low culture of legal awareness in society. The article proposes specific measures to improve the prevention of violent crime, including an increase in the number of measures to prevent violence, increased control by the law and law enforcement agencies, improved living conditions and education for young people, and cooperation with public organizations. Based on these activities, it is possible to effectively prevent violent crimes committed by minors and ensure safety in society.

45-55 196
Abstract

The theoretical and practical aspects of the importance of the institute of categorization of criminal offenses in the Republic of Kazakhstan in combating crime are considered. The authors analyzed the modern legal understanding and law enforcement of the institute of categorization of criminal offenses from the point of view of criminal legislation and the science of criminal law. The authors presented a number of novelties and recommendations for further improvement of law enforcement activities in the current criminal legislation of the Republic of Kazakhstan. The difficulty for legal users lies, for example, in the fact that there are separate articles consisting of several parts, part of one article of which can be attributed to four different categories of crimes (for example, articles 120, 121, 122 of the Criminal Code refer simultaneously to crimes of medium, severe, especially grave severity; article 143 of the Criminal Code is less serious, grave means crimes of medium gravity, grave; Article 367 of the Criminal Code means all four categories of crimes at the same time: Part 1-less serious, part 2-medium gravity, part 3-serious crimes, etc.). This issue deserves detailed independent research and understanding. As a positive example, we will cite the legal technique used in Article 7-1 of the former Criminal Code of the Kazakh SSR “the concept of a grave crime”. The legislator of that period clearly defined the concept of a serious crime, since he compiled a list of all serious crimes falling under this category. This made it easier for law enforcement agencies to manage events in the process of work and to give the right qualifications for certain crimes committed, which, in turn, means the correct imposition of punishment.

INTERNATIONAL AND COMPARATIVE LAW

56-66 791
Abstract

The problems of liability for environmental damage are investigated. Attention is paid to the international nature of the problems associated with compensation for environmental damage, the inadmissibility of establishing territorial boundaries in the problem of environmental protection. The characteristic of the main international organizations related to environmental protection is given, the factors influencing the international cooperation in the field are analyzed. Particular attention is paid to the problem of developing the system of management in the field of environmental protection and bringing to civil responsibility of entities that cause damage to natural objects. The article justifies the necessity of strengthening international cooperation in a number of directions in the sphere of environmental protection, elaboration of a unified approach to the understanding of environmental damage and its structural components, as well as elaboration of unified rules at the international level for determination of the amount of compensation payments, exacted from the inflicter of damage and aimed at compensation for the environmental damage caused.

67-76 979
Abstract

Corruption has become one of the most dangerous social pandemics of our time. Its causes are rooted in the socio-cultural, economic, institutional and other features of the development of society and the state. In the context of globalization, most countries, including the Republic of Kazakhstan, pay special attention to the area of combating corruption, as one of the key areas of activity of state bodies. In this article, the author carried out a comprehensive legal analysis and generalization of the experience of international legal counteraction to corruption, an analysis was carried out in the context of general international legal issues of countering corruption, the main approaches to solving problematic issues of combating corruption were studied, and the author’s vision for solving these problems was proposed.



Creative Commons License
This work is licensed under a Creative Commons Attribution 4.0 License.


ISSN 2959-4197 (Print)
ISSN 2959-4200 (Online)