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Eurasian Scientific Journal of Law

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No 2 (7) (2024)
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STATE LAW AND MANAGEMENT

7-13 192
Abstract

The effectiveness and stability of the legal system are closely related to the harmonious functioning of all its elements. The article is devoted to the study of legal mentality, legal culture, legal consciousness and the importance of legal education in Kazakhstan society. The low level of legal culture and legal consciousness of citizens leads to a weakening of the legal culture of society as a whole and the instability of the legal system. The article deals with the issues of legal culture, legal consciousness and legal mentality, the concept of legal education, their mutual influence, and important elements. The necessity to study the interaction of these legal phenomena contributes to raising the level of legal consciousness and legal culture in Kazakhstani society to a new level. Issues of legal consciousness, legal culture and legal mentality should be considered comprehensively, taking into account the mental characteristics of citizens in society, their common system of values. This is one of the important areas of domestic legal science. The result of the study is an analysis of the current state of the national legal system, the development of legal culture, legal consciousness and legal mentality from today’s point of view, the development of directions and activities for their in-depth understanding.

14-23 197
Abstract

The article analyzes the concepts of social conflict and legal conflict, provides a definition of category data, features of the transformation of conflict into a legal process, its objective and subjective sides, and conducts a theoretical and legal analysis of the essence of the conflict. The author’s understanding of the definition of conflict and legal conflict is substantiated. In order to distinguish between these categories when developing theoretical aspects of the study, the scientific works of domestic and foreign scientists in the field of conflictology were studied and analyzed. A legal (legal) conflict should be recognized as any conflict in which the dispute is in one way or another connected with the legal relations of the parties, therefore, the subjects, or the motivation for their behavior, or the object of the conflict have legal characteristics, and the conflict entails legal (legal) ) consequences. Any interstate conflict, including between parties not bound by an agreement, should be considered legal (legal). The fact is that the relations of any state are subject to the norms of international law. All conflicts regulated by law in one way or another are legal by nature.

CIVIL LAW, CIVIL PROCEDURE

24-29 353
Abstract

The appointment and production of forensic psychological and philological examination research in Kazakhstan is carried out on the basis of a list of types of forensic examinations conducted by forensic examination bodies and expert specialties, qualifications for which are assigned by the Ministry of Justice of the Republic of Kazakhstan. The issue of the inadmissibility of raising legal issues before an expert in the theory of forensic examination is primarily related to the specifics of the expert’s competence and the subject of forensic examination. The article analyzes legal issues that do not fall within the competence of an expert philologist in the appointment and conduct of a forensic psychological and philological examination in cases of offenses committed verbally – defamation disputes, insults, incitement to discord. Recommended sample questions for these categories of cases are provided.

CRIMINAL LAW, CRIMINAL PROCEDURE

30-39 151
Abstract

The article discusses the system of differentiation of punishment and the institution of punishment assessment of the severity of crimes. At the legislative level, it is much more difficult to determine the limits of criminal legal consequences. The institution of the imposition of punishment unites a group of norms on the goals of criminal liability, the system of types of punishment, the basic principles of the imposition of punishment, special rules for the imposition of punishment. The functioning of the institution of sentencing relies on a system of sanction support for crimes of various categories. In this regard, one of the main problems of this institution is to determine the dependence of the repressiveness of punishment on the legislative assessment of the severity of the crime. Insufficient legislative assessment of the severity of individual crimes in the system of differentiation of types of punishment in the sanctions of articles of the special part of the criminal code gives rise to a paradox for two reasons. First, artificial barriers have been created to the application of other (alternative to punishment) measures of criminal liability, due to which the possibilities of Correctional influence on the criminal are expanding. Secondly, the law establishes special rules for the imposition of punishment (for example, in the case of recidivism of crimes), in which only subjective qualities are established, the calculation of which is assumed here. When comparing the existing structure of the class severity of crimes and its impact on changing the basic principles and special rules for the imposition of punishment, it is not difficult to determine the contradiction that corresponds to the dilemma of criteria that we have already touched upon: accounting for the qualities of an act-accounting for the qualities of a person. There is an objective relationship between the properties of the action and the properties of the figure, but the social properties of the figure and its focus on solving the crime are not related to the severity of the crime. Therefore, the subjective properties of an act that determine its danger (except for the type of guilt) cannot affect the category of severity of the crime.

40-47 40
Abstract

The problem of non-repayment of borrowed funds currently remains very serious and urgent. Banks and other credit organizations suffer losses when the borrower, for various reasons (subjective or objective), does not repay the amount of the loan or disappears from the field of view of the borrowed organizations. In some cases, this is due to the life circumstances of the borrower (loss of permanent income, change of job, temporary or permanent absence). But, in our case, the interest is aroused by borrowers who took money with a pre-existing intention of non-repayment of sums of money and deliberately evading repayment of accounts payable.

48-53 57
Abstract

This article is devoted to the problem of assessing the admissibility and reliability of an expert’s opinion in the context of criminal proceedings. The expert’s opinion, as an important evidence in criminal cases, is an integral part of the judicial process. However, its admissibility and reliability play a crucial role in the formation of court decisions. The purpose of this study is to conduct a comprehensive assessment of the admissibility and reliability of the expert’s opinion in criminal proceedings. The article discusses the main aspects of assessing the admissibility of expert opinions, including the issues of expert qualification, his independence, methodology of work, as well as compliance with professional standards. The importance of strict procedure and supervision of experts to ensure the objectivity of conclusions is noted.

INTERNATIONAL AND COMPARATIVE LAW

54-62 471
Abstract

Child trafficking has now become a global problem affecting all countries and causing serious concern to the international community. This phenomenon has a significant impact on people’s lives, stability in the world and requires comprehensive research. International organizations and governments of various countries are actively working to develop programs, policies, new laws and mechanisms to combat child trafficking, as it is one of the most vulnerable aspects of society. In this article, the authors conducted a comprehensive legal analysis of the regulatory framework and summarized the experience of combating child trafficking at the international level. There was also the context of general international legal issues is analyzed, related to combating child trafficking, the main approaches to solving problems associated with this problem, and proposed the author’s vision for its solution.

63-72 46
Abstract

Probation is an alternative solution to punishment and is still being improved, it allows society to prevent relatively less serious crimes with minimal losses. Kazakhstan is also on the lookout, and experience in implementing probation in foreign countries should be in demand in Kazakhstan and other post-Soviet states. Using the experience of far and near abroad countries, the possibilities of forming a domestic probation service are revealed, and this contributes to improving the efficiency of the country’s penal correction system.



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