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Eurasian Scientific Journal of Law

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No 3 (4) (2023)
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STATE LAW AND MANAGEMENT

7-13 138
Abstract

The article deals with the issue of land easement as a separate institution of land law. The basics and legal prerequisites for the development of the easement of land from the history of its origin to the present day are outlined. In addition, the legal issues of land easement in the Republic of Kazakhstan are considered, a comparative analysis of the concepts and types of easement in the field of land relations with national legislation and legislation of the CIS countries is carried out. When studying the topic, both general and private scientific methods were used. Some conclusions made within the framework of this topic increase the practical significance of amendments and additions to legal acts in the field of land law.

CIVIL LAW, CIVIL PROCEDURE

14-22 288
Abstract

The article is devoted to the study of the legal aspects of digital reputation, which is a necessary attribute of virtual interaction and a significant indicator of digital trust in the sphere of joint consumption of goods and services. Based on the analysis of the essence and significance of reputation in the context of the development of new technologies, the study of the methods used by modern online services to form and fix the reputation of users, an opinion is expressed on the advisability of recognizing digital reputation as an independent value and a possible object of property relations. Attention is also drawn to the role of digital reputation in creating a personal brand as a means of individualizing a participant in legal relationships. As a result, directions for the development of legislation are determined, including the unification of rating systems, as well as other mechanisms used by digital services to form and assess the reputation of their users; creation of an adequate essence of the digital reputation of the legal regime; creation of effective means for the preservation, transfer and use of information constituting a reputation, etc.

23-31 139
Abstract

The article discusses the main issues arising in connection with the use of mediation procedures in resolving disputes concerning intellectual property rights in our country. The system of the main topical issues of law enforcement practice of mediation procedure in this area is disclosed. The experience of the World Intellectual Property Organization (WIPO) in resolving disputes concerning copyright and intellectual property rights is given. Foreign experience in the use of mediation at the national and international levels is studied relatively. The article presents quantitative statistics of the Supreme Court of the Republic of Kazakhstan on the protection of intellectual property and copyright for the annual reporting period using alternative methods of legal protection of the judicial system. Along with the sectoral civil legislation, the content of the article discusses the forms of protection of intellectual property rights and related copyrights established by the sectoral legislation, and alternative methods of protection.

32-39 142
Abstract

The article analyzes the legal regulation of the private life of citizens, which is becoming increasingly open due to the expansion of modern Internet resources. The relevance of this issue both in the Republic of Kazakhstan and in Russia is confirmed by the growing volume of litigation on the topic of our research. The main goal of our research is to reveal fundamental human rights and freedoms related to information related to private life with the expansion of digital technologies and, in particular, the Internet. The authors made an attempt to correlate the right to freedom of information and the right to ensure privacy on the Internet. The results obtained by the authors may be useful in solving problems of qualifying acts related to violation of the right to privacy if there is a conflict with the right to receive information. The authors used a wide variety of research methods, the main one of which was the comparative legal method, which was used both when comparing the institutions of the right to privacy and the right to information. At the end of this study, the authors came to the conclusion that both the right to privacy and the right to information on the Internet are implemented exclusively within the framework of the law and with mandatory consideration of the consequences of violating such rights.

CRIMINAL LAW, CRIMINAL PROCEDURE

40-47 168
Abstract

Special knowledge is important in the formation of the evidence base in criminal proceedings. With the help of special knowledge, it is possible to establish facts and reproduce events that cannot always be determined through the testimony of participants in the process or through investigative actions. The use of special knowledge is regulated by law, but in practice there are examples of inappropriate compliance with the procedure for attracting specialists and experts as carriers of special knowledge, assigning and conducting examinations and special studies, and correctly assessing the results obtained. In this connection, the purpose of scientific research is to study the procedural requirements for the use of special knowledge in criminal proceedings and to identify problems that arise in law enforcement practice. The authors used methods of comparative analysis, formal logic and documentary control in the research process. As a result, the authors formed their view on the use of special knowledge in criminal proceedings in order to assist specialists in assessing evidence and their sources at the stage of pre-trial proceedings, presented criteria for analyzing the quality of the use of special knowledge (expert and specialist opinions) and the materials of a criminal case that influence their quality, used in the conclusions of experts and specialists in accordance with the requests of legal practice. The value of the study lies in the fact that the authors proposed independent solutions to overcome problems associated with the use of special knowledge in criminal proceedings.

INTERNATIONAL AND COMPARATIVE LAW

48-55 543
Abstract

In the penitentiary systems of States, scientific information about the identity of convicts is important. International standards specifically emphasize the need to obtain reliable data on trends characterizing the prison population and its distinctive features. The Ninth special Census conducted in December 2022 aims to supplement the available statistical data on the identity of convicts serving sentences of imprisonment and forced labor, as well as persons detained in pre-trial detention centers in Russia. The need for a special census was based not only on the modern needs of improving the penal policy, but also on the basis of compliance with historical traditions. The practice of conducting special censuses was characteristic of the period of the USSR (in these cases it affected correctional labor institutions located in Kazakhstan), and it continued in modern Russia. The article summarizes the organizational and methodological features of the nine special censuses that took place in the history, the main focus is on the last special census conducted in December 2022. The general features and peculiarities of the Ninth Special Census are analyzed, their theoretical justification is given. The parameters of the census, the forms of its implementation, the tendencies of the desocialization of the personality of convicts and the property stratification among them, which manifested themselves in the results of the census, are also disclosed.



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