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Eurasian Scientific Journal of Law

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No 4 (5) (2023)
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STATE LAW AND MANAGEMENT

7-18 271
Abstract

The relevance of the research topic is due to the fact that water security in recent years has been included in the list of global risks of modernity, which requires effective water resources management. In particular, in the Republic of Kazakhstan, this issue has been one of the most acute recently. To date, there are a number of unresolved issues at the inter-national level of water resources management in the republic, as almost all freshwater resources of the country are transboundary in nature, and almost half of them are formed on the territory of neighbouring states. The purpose of this study is to analyse the existing problems in transnational water resources management in the Republic of Kazakhstan and to develop directions for their solution. The research methods include normative-legal method, expert, factual method, content analysis, comparison, generalisation, classification, synthesis and analysis. The article presents the state of water resources of the Republic of Kazakhstan at the present stage of development, including those of transboundary nature. The management of water resources of the republic, including at the inter-national level, is characterised, and problems in this area are revealed. Thus, the main problems to date have been attributed to: dependence on transboundary flows from the territories of neighbouring countries, primarily China and Russia, in recent years increasingly polluting rivers and increasing the volume of water withdrawal, significant wear and tear of infrastructure, low level of automation and digitalisation of management, low efficiency of control over the implementation of measures for the rational use of water resources. To solve the problems, recommendations have been proposed and promising directions for the development of transnational water resources management have been considered, which will contribute to improving the efficiency of transboundary water resources use. 

CIVIL LAW, CIVIL PROCEDURE

19-27 421
Abstract

In this article the author considers and analyses the issues of legal regulation of the institute of mediation in our country, which is an alternative method of dispute resolution. In addition, the article considers some issues of implementation of the law on mediation, as well as amendments to this law. Through mediation disputing parties can come to a mutually acceptable solution with the participation of a neutral mediator. In the course of writing the article a review of scientific and theoretical works of a number of foreign and domestic scholars on this topic was conducted, as well as the features of mediation as an institution were analysed. In the article the author compared the development of mediation institute in Kazakhstan with the experience of foreign countries. The author also analysed the advantages and disadvantages and peculiarities of the organisation of mediation in Kazakhstan. In addition, the issues hindering the expansion of the scope of application of mediation are noted. In particular, the lack of information about the institution of mediation, the associated mistrust of the population, as well as the lack of professional mediators are the main factors that hinder the development of mediation. At the end of the article, the author suggested ways to address these issues in order to pave the way for the development of mediation. 

CRIMINAL LAW, CRIMINAL PROCEDURE

28-34 161
Abstract

This research topic focuses on the legal assessment of the conclusions of the forensic examination, presenting an analysis of the importance and impact of forensic expert conclusions in legal practice. The present study delves into the intricacies of conducting a forensic examination, encompassing its aims and methodology. Additionally, it scrutinizes matters pertaining to the admissibility, dependability, and interpretation of expert opinions within court proceedings. The primary legal facets associated with the role of forensic examination in ascertaining facts and evidence in legal cases, along with potential ramifications for the involved parties, are thoroughly analyzed. The findings of this investigation furnish valuable insightsfor a more profound comprehension of the significance of forensic examination in legal proceedings, as well as the crucial role played by reliable and precise expert opinions in upholding equity and justice. The study discusses the regulatory and legislative environment that governs forensic examination, including the qualification requirements for experts and the procedures for their appointment. The study also highlights the importance of the neutrality and objectivity of experts, as well as the need to ensure their independence from the parties to the process. Potential challenges and problems related to expert opinions are highlighted, such as conflicts of interest and the possibility of expert errors. As a result, this study highlights the importance of forensic expertise in court proceedings and its impact on judicial decision-making. Practical recommendations and measures that can improve the quality and reliability of expert opinions are analyzed, contributing to a more fair and effective legal process. 

35-41 144
Abstract

The article is devoted to one of the urgent problems of criminal law, where there is an importance of theoretical and practical study of the issue of parole from serving a sentence. This article discusses proposals to improve the effectiveness of the use of the parole mechanism in the law enforcement practice of the member States of the Council of Europe. The institution of parole is currently the most dynamically developing and the most frequently used in the system of release from serving a sentence. This institution is encouraging and is a positive tool in stimulating the law-abiding behavior of convicts and preventing them from committing criminal offenses. 

42-47 142
Abstract

The article is devoted to the study of the current state of the application of special knowledge in the form of participation of a specialist in the proof process, the peculiarities of legal regulation of the organizational and methodological foundations of his activities. The authors point to the process of “convergence” of two forms of application of special knowledge (expert and specialist) on legal status and functions, which creates problematic situations in the practice of their application. The article presents a look at the difference between the two forms of application of special knowledge, optimization of forensic expertise, as well as, in accordance with the requests of legal practice, improvement of the legal and organizational foundations of the activities of a specialist and an expert. 

INTERNATIONAL AND COMPARATIVE LAW

48-58 117
Abstract

In modern criminal law theory, there is no consensus on the optimal and necessary number of means of differentiating of criminal responsibility. Therefore, lists of types of qualifying signs and circumstances aggravating punishment are still in the process of being formed. Hooligan motives are fairly common motive for committing a crime, but so far it has not been considered as one of the aggravating circumstances, which creates conditions for deviation from the principle of justice when imposing punishment for a committed crime. The purpose of the study is to substantiate the recognition of a crime committed from hooligan motives as an aggravating circumstance. The recognition of a hooligan motive as an aggravating circumstance will allow systematizing its use as both a qualifying feature of certain elements of crimes and a circumstance, the establishment of which implies an increase in the severity of the chosen measures of criminal responsibility. This will contribute to the issuance of fair judicial decisions. It is proved that any crime committed out of hooligan motives is characterized by an increased degree of public danger. If the corpus delicti does not include hooligan motives as a qualifying feature, then this motive should be taken into account when sentencing. The results of the study can be used for research in the field of means of differentiation and individualization of criminal liability. The rationale presented in the work can be taken into account when preparing a draft law on supplementing Art. 63 of the Criminal Code of Russia (hereinafter referred to as the Criminal Code) is another aggravating circumstance. 

59-63 45
Abstract

The article «Digital Transformation in the Judicial System: Challenges and Prospects» examines the impact of digital transformation on modern litigation. In the context of the rapid development of information technologies and their introduction into various spheres of society, the judicial system is under pressure to adapt to new realities. The article analyzes the challenges that courts face in implementing digital technologies, such as ensuring data security, maintaining transparency and accessibility of justice, as well as problems associated with digital inequality. At the same time, the potential prospects opened by digital transformation are being considered, including improving the efficiency of trials, improving the availability of justice for citizens and the possibility of developing innovative management methods and resolving legal issues. The article calls for a deeper study and discussion of this topic in order to develop effective strategies for the digital development of judicial systems.

64-70 35
Abstract

The article examines the challenges associated with providing forensic support for the operations of law enforcement agencies and specialized services in combating terrorism. The author highlights the significance of adopting a systematic approach to investigating and preventing terrorist activities, particularly through the advancement and application of contemporary forensic methodologies, tools, and technologies. The need for a centralized approach to coordinating anti-terrorist activities and improving interaction between investigative and operational units is discussed. Particular attention is paid to the role of forensic science in equipping the practice of combating crime, including training specialists, developing a unified methodology and effective use of technical means. The article emphasizes key areas for enhancing forensic support, including elevating the role of forensic registration, formulating action algorithms tailored to specific scenarios, formalizing operational intelligence, and establishing a unified system for documenting terrorist acts. The author proposes the creation of a coordination bureau with scientific and methodological functions, popularization of best practices and the organization of specialized courses in forensic science for training employees. The need for an integrated approach to training and implementation of forensic knowledge is emphasized in order to increase the effectiveness of the fight against terrorism.

71-81 38
Abstract

The article examines the procedural aspects of confrontation within the framework of international cooperation between states in the fight against crime. Confrontation, as a specific form of interrogation, is conducted if there are contradictions in the testimony of previously interrogated persons. The authors analyze international agreements such as the Chisinau and Minsk Conventions, as well as the national legislation of Azerbaijan, Russia, Kazakhstan and Moldova, noting that confrontation is not always provided for within the framework of legal assistance. However, the legislation allows for other procedural actions, including confrontation, with the mutual consent of the parties. Special attention is paid to the use of modern technical means, such as videoconferencing, for remote face-to-face. This is relevant in cases where the personal presence of participants is impossible due to distance, security threat or other circumstances. The authors emphasize the need to legislate the procedure of remote confrontation and propose specific changes to the criminal procedure legislation of Azerbaijan. The introduction of videoconferencing will improve the efficiency and effectiveness of international legal assistance in the investigation of criminal cases, while maintaining the principles of admissibility and reliability of evidence.



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