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Eurasian Scientific Journal of Law

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No 3 (8) (2024)
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STATE LAW AND MANAGEMENT

7-11 135
Abstract

The article 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.

12-17 55
Abstract

In recent years, two tasks remain unresolved in our country: the first is the employment of all university graduates to work in legal entities, and the second is the timely and proper execution of the established form of Employment Agreements with “working” university graduates, with their subsequent registration on the Enbek website. Ministry of Labor and Social Protection of the Republic of Kazakhstan. According to the information of the Office of the Committee of Legal Statistics under the General Prosecutor’s Office of the Republic of Kazakhstan for 2023, the level of employment of university graduates in legal entities, with the subsequent conclusion of employment contracts with them, with their subsequent registration on the Enbek website of the Ministry of Labor and Social Protection of the Republic of Kazakhstan was – 70 %.

18-25 48
Abstract

Constitutional personal rights and freedoms of a person should determine the legislative wording and content of the personal rights and freedoms of teaching staff, as well as students and pupils in the field of educational activities. The shortcomings of the legislative consolidation of the personal rights and freedoms of teaching staff in the Law of the Republic of Kazakhstan «On Education» dictate the need to develop and adopt an appropriate regulatory legal act regulating their legal status in detail. The article is presented within the framework of the competition for grant funding for scientific and (or) scientific and technical projects for 2024–2026 (EOM RK) «IRN: AP23485634 Modern transformation of Kazakhstan’s penitentiary system through the mechanism of public-private partnership».

CIVIL LAW, CIVIL PROCEDURE

26-33 150
Abstract

The manuscript examines such an urgent issue in linguistics expertise of evaluating insults as a speech violation, primarily due to the lack of uniform methodological approaches in expert practice. The article identifies reasons for this state of affairs, pointing out problems from the late 90s to the early 2000s, such as the absence of a conceptual and terminological framework in linguistics expertise, unified terminology accepted among linguists, and the lack of unified principles, methods, and techniques for conducting expertise. The study reveals the problematic nature of assessing the indecency of a speech act as an act, which does not take into account such an important factor as people’s non-discrimination between the broad (ordinary) and narrow (legal) concepts of insult. Ignoring this phenomenon and using erroneous research approaches lead to contradictory expert and judicial practice and, as a result, to unjustified and unfair sentences. Based on this problem, it is said that it is necessary to develop an appropriate methodology as soon as possible to solve expert problems in cases of insult.

CRIMINAL LAW, CRIMINAL PROCEDURE

34-41 124
Abstract

The scientific article examines the current state of combating organized crime, the problem of international experience. Today, organized criminal groups discuss their illegal actions through corruption and other methods. It is noted that the scale of organized crime is not limited to a specific region, industry, or field of activity, but is expanding into the international space, acquiring new wealth and markets. The quality of countering organized crime depends on many factors. These are the level of economic development, legislative support and the quality of laws adopted, the standard of living of the population, the state of the law enforcement system and the professionalism of its employees, and much more. Identification of weak links in the system of state control in modern conditions and the development of measures to prevent them, taking into account the peculiarities of criminological characteristics of crimes, as well as the development of recommendations based on international experience on their effective suppression.

42-51 135
Abstract

The main role of forensic examination in the process of proof is to conduct scientific research of objects in order to solve problems significant for the purposes of legal proceedings and formalized in the conclusion of an expert recognized by the legislator as judicial evidence. The specificity of forensic expert activity distinguishes forensic expert proceedings from other legal proceedings, since it is associated with the establishment of evidentiary facts with the use of special knowledge. This seems to be a key element distinguishing forensic expertise. Techniques, tools, and methods of expert activity related to the receipt, processing, and evaluation of evidentiary information are also specific, the quality and reliability of which are significantly influenced by mental qualities and their characteristics. Therefore, the selection and placement of personnel in a forensic expert institution is a very difficult and urgent task and requires the preparation of profilograms to establish the suitability of the conc.

52-57 120
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

58-67 52
Abstract

In this article I would like to focus on the study of such aspects of this problem as:nature, content and application of “public policy” in private international law. Given the current situation in Kazakhstani practice, it is obvious that the questions we have raised, especially the question of contradiction to public order, are more theoretical in nature and practical in nature for international private law. However, such a basis as contradiction to public order, in the question of public order arises when applying the norms of foreign law, when executing foreign arbitration and judicial decisions, and when providing legal assistance (for example, executing an assignment, carrying out procedural actions) to a foreign state. Despite this, the combination of words “public order” has not yet found a single precise, specific, most accurate definition reflecting its meaning.



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