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Bulletin of the Law Enforcement Academy

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No 3 (41) (2026)
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CONSTITUTIONAL AND ADMINISTRATIVE LAW

11-18 72
Abstract

The article is devoted to the study of the legal nature of the constitutional provision on the ownership of land, subsoil, waters, flora and fauna, as well as other natural resources to the people of the Republic of Kazakhstan after the constitutional reform of 2022. The constitutional and sectoral norms regulating the exercise by the state of property rights on behalf of the people are analyzed, as well as the features of the relationship between the regime of state property and the constitutional affiliation of natural resources to the people. Foreign experience in the distribution of income from the use of natural resources is considered and its applicability under national legislation is assessed.

Particular attention is paid to the legal assessment of the program «National Fund – for children», which provides for the allocation of part of the investment income of the National Fund of the Republic of Kazakhstan to special savings accounts of minor citizens. This mechanism actually became the first legislative attempt to implement the principle of citizen participation in the results of the use of natural resources, which indicates the gradual formation of a new model for the implementation of the constitutional provision on the ownership of natural resources by the people.

As a result, it was concluded that it is necessary to further normative disclosure of the content of the constitutional principle of ownership of natural resources by the people through legislative regulation and official constitutional interpretation.

CIVIL AND CIVIL PROCEDURE LAW

19-28 48
Abstract

The essential terms of surrogacy contracts are investigated. During the study of notarial surrogacy contracts concluded in the territory of the Republic of Kazakhstan, it was revealed that, firstly, their content does not correspond to the legal nature and meaning of civil law contracts, secondly, they do not specify or incorrectly define the main subject, thirdly, they do not provide for agreed and approved the parties have requirements that are essential conditions. A review of Kazakhstan's legislation in the field of reproductive medicine, marriage, family and civil law relations has shown that, to this day, a standard surrogacy contract has not been developed and adopted. It has been established that the lack of a unified form of surrogacy agreement and state control over such agreements has negatively affected contractual practice, which, in turn, has formed its own customs and conditions that do not fully correspond to its legal nature and meaning. Taking into account the nature and characteristics of surrogacy, the procedure and conditions for its application, the meaning of legislation and established contractual practice, as well as the experience of foreign countries, the authors propose essential conditions that must be provided for in surrogacy contracts.

FAMILY LAW

29-35 59
Abstract

The study provides a critical analysis of the current conflict-of-laws mechanism regulating cross-border family unions. Based on an examination of national legislation and international obligations, systemic defects in the domestic regulatory framework that lead to the emergence of “limping” marital and family statuses are identified. Particular attention is paid to the destructive consequences of the dominance of the lex loci celebrationis principle and the disregard for the personal law of foreign citizens. The social prerequisites for the internationalization of the family sphere under the influence of globalization processes and migration flows are examined. The authors substantiate the state's institutional status in the Hague Conference on Private International Law and prove the invalidity of ratifying certain obsolete agreements. As a solution, specific recommendations are proposed for reforming the profile code aimed at restoring bilateral choice-of-law rules, introducing a public policy exception, and reorienting international cooperation vectors toward relevant global conventions.

CRIMINAL LAW AND CRIMINOLOGY, PENAL LAW

36-42 68
Abstract

The article examines the legal nature of criminal connivance and its features under conditions of digitalization. The study applies formal-logical, systemic-structural, and comparative legal methods. The empirical basis consists of criminal statistics on Articles 432, 433, and 434 of the Criminal Code of the Republic of Kazakhstan for 2020- 2025, as well as 50 judicial acts issued in 2021-2025. The study identifies the principal features of criminal connivance and establishes the key criteria for distinguishing it from complicity in crime. The analysis of judicial practice demonstrates the importance of the independent nature of concealment or failure to report a crime and the absence of prior criminal intent for proper legal qualification. The article also examines the transformation of criminal connivance under conditions of digitalization and the phenomenon of “virtual concealment of crimes”. The authors note that digital technologies complicate methods of crime concealment and conclude that further improvement of the institution of criminal connivance is an important direction for the development of criminal law.

43-51 53
Abstract

The article presents a comparative legal study of contemporary models of the legislative differentiation of criminal liability. Based on an analysis of the criminal legislation of foreign states, it identifies the principal approaches to structuring systems of criminal liability differentiation, examines the specific features of their legislative design, and reveals current development trends. It is substantiated that the differences between national models are determined not so much by the set of individual criminal law institutions as by the nature of their systemic interaction and their role in determining the scope of criminal liability. The current model of the Republic of Kazakhstan is examined, and its distinctive features and directions for further improvement in light of foreign experience are identified. The study concludes that the model of legislative differentiation of criminal liability should be assessed through the degree of systemic coherence of its principal mechanisms. Such an approach ensures the consistent implementation of the principles of legality, justice, and the individualization of criminal liability.

52-60 53
Abstract

This article provides a retrospective analysis of the formation and development of the system of criminal liability for offenses (crimes) in the sphere of economic activity in the Republic of Kazakhstan.

In the course of the study, the author examines the evolution of legislation, starting from the Soviet period (Criminal Code of the Kazakh Soviet Socialist Republic of 1959), through the stage of the establishment of independence (Criminal Code of the Republic of Kazakhstan of 1997), to its modern state (Criminal Code of the Republic of Kazakhstan of 2014).

The paper emphasizes the interconnection between the transformation of the state's economic system and the modernization of criminal law standards. Particular attention is paid to the processes of humanization, decriminalization, and the introduction of the somewhat controversial institution of criminal infractions.

Based on the results of the retrospective analysis of domestic criminal legislation concerning liability for offenses (crimes) in the sphere of economic activity in the Republic of Kazakhstan, conclusions and proposals are formulated aimed at a prospective and consistent modification of the modern criminal law policy of the Republic of Kazakhstan in the economic field through a phased transformation of the criminal law framework for ensuring the state's economic security.

61-69 53
Abstract

This article examines the ethical and moral aspects of combating domestic violence. Domestic violence is not only a legal issue but also a complex social phenomenon affecting moral values, spiritual guidelines, and ethical norms of modern society. Particular attention is paid to the protection of human rights, adherence to the principles of justice, equality, and strengthening the institution of the family. The causes and consequences of domestic violence are analyzed, revealing the role of society, the state, educational and religious institutions in fostering intolerance to any manifestations of aggression. The article examines the ethical principles of providing assistance to victims, the importance of moral support, and the creation of an effective system of social and psychological rehabilitation. The need to develop a culture of non-violence and foster a public consciousness based on respect, empathy, and mutual responsibility is emphasized. Particular attention is paid to the development of ethical behavior in the family and the upbringing of the younger generation in the spirit of humanism and mutual respect. The importance of educational activities and the participation of the media in changing public perceptions of violence is noted. The conclusion is that the fight against domestic violence must be based not only on legal mechanisms but also on the spiritual and moral foundations of society. Finally, it is noted that only the joint efforts of all social institutions and the strengthening of the population's moral culture can ensure effective violence prevention.

70-79 56
Abstract

The article examines the criminal law criteria for distinguishing between medical error, justified professional risk, medical incident, innocent infliction of harm, and criminal negligence on the part of a medical worker. The relevance of the study is due to the ambiguity in the legal assessment of adverse consequences of medical intervention, the difficulty of establishing a causal relationship, and the need to distinguish between objectively permissible professional risk and culpable violation of mandatory safety requirements. The aim of the study is to develop a consistent model for the criminal law assessment of a medical worker’s conduct, taking into account the standards of medical care, the specific clinical situation, the nature of the violation committed, the foreseeability of the consequences, and the real possibility of preventing them. The proposed approach makes it possible to differentiate between cases of conscientious professional decision‑making, medical incidents, and criminal negligence, thereby avoiding both the unjustified criminalization of medical practice and the actual exemption from criminal liability when the statutory elements of a criminal offense are present and there are proper grounds for imposing liability.

80-86 56
Abstract

The article examines contemporary approaches to preventing deaths and injuries among military personnel in the context of constitutional guarantees of the right to life and health protection. It analyzes the transformation of preventive work in the armed forces from a formal quantitative model to a systemic risk management approach. The principle of “Law and Order” is considered as an institutional foundation for modernizing preventive policy in the military sphere.

Particular attention is paid to criminological, personnel, and psychological factors in the prevention of offenses. The role of digitalization as a tool for proactive control and analytical risk monitoring is explored. The necessity of an integrated approach combining legal, organizational, and technological solutions is substantiated. The interrelation between the prevention of servicemen’s deaths, military discipline, and national defense capability is demonstrated. The study concludes that a systemic preventive model is being formed in the Republic of Kazakhstan, oriented toward further progressive development.

87-94 51
Abstract

The article examines the justification for criminalizing provocation of a crime in the Republic of Kazakhstan after the introduction of the separate offence under Article 412-1 of the Criminal Code. The study aims to determine whether this special criminal-law prohibition meets the criteria of public danger and the needs of law-enforcement practice. Formal-legal, comparative-legal and statistical methods were used; Articles 412-1 and 417 of the Criminal Code, foreign approaches to entrapment and police provocation, and enforcement data for 2020–2025 were compared. The study shows that the small number of registered cases does not exclude the high latency and public danger of provocative acts. A separate norm enables more precise qualification, distinction from other official and procedural offences, and stronger guarantees of legality. The authors conclude that maintaining a special criminal-law prohibition on provocation of a crime is justified.

95-102 60
Abstract

This author offers a comparative analysis of the criminal legislation of the Russian Federation, the Republic of Kazakhstan, and the Republic of Azerbaijan, establishing liability for piracy (Article 227 of the Criminal Code of the Russian Federation, Article 271 of the Criminal Code of the Republic of Kazakhstan) and robbery at sea (Article 219.1.3 of the Criminal Code of the Republic of Azerbaijan). It examines the content and structure of piracy/robbery offenses in these countries, the specifics of their spatial application and their relationship with the international legal concept of piracy, as well as the sanctions for committing these acts. Particular attention is paid to the legal issues arising from the specific legal regime of the Caspian Sea as an enclosed body of water, and the specifics of classifying attacks on vessels in this region. Based on this analysis, proposals are formulated for the harmonization of national criminal law norms and the development of multilateral cooperation among the Caspian states in the fight against piracy.

103-111 57
Abstract

This study is devoted to the urgent issue of criminal law regulation of violations of the rules for the operation of information systems in the context of the rapid digitalization of society and the expanding use of information and communication technologies. The growing dependence of the state, business, and citizens on digital infrastructure is accompanied by an increase in the number of offenses related to the processing, storage, transmission, and protection of computer information. The paper presents a comprehensive analysis of legislative approaches to the criminalization of unlawful acts in this area, using the Republic of Kazakhstan and foreign states as examples. Particular attention is paid to a comparative legal study of criminal law provisions establishing liability for violations of the rules for the operation of information systems, unauthorized access to information, and other infringements on information security. The development and current state of the legislation of the Republic of Kazakhstan are examined in detail, gaps in legal regulation are identified, and foreign experience is analyzed in order to develop proposals for improving national criminal legislation.

112-120 65
Abstract

The article examines the main parameters characterizing criminal offenses against information security of minors and substantiates the methodology for theoretical and practice-oriented classification of this type of encroachment. The absence in the Kazakh criminal law of an independent group (groups) of criminal offenses related to negative information influence on minors is regarded as a significant gap. Considering the increasing role of the information and communication factor in criminal determination and behavior, the practical feasibility and demand for separating a distinct group (groups) of criminal offenses related to negative information influence on minors are substantiated.

At the same time, the article adopts the position that comparing the concept of «information security» only with the factor of information and communication influence excludes a significant group of criminal offenses of this type from the scope of research and consideration.

CRIMINAL PROCEDURE, CRIMINALISTICS, FORENSIC EXPERTISE

121-129 57
Abstract

The article examines the issue of high information uncertainty and time deficit in investigative activities. Primary attention is focused on the unpredictability of the behavior of participants in investigative actions, which often leads to tactical errors and a decrease in the quality of the investigation. The purpose of the study is the scientific substantiation of the situational-role approach as a conceptual basis for psychological forecasting. The author proves that this approach serves as an effective heuristic tool, allowing the overcoming of information redundancy by integrating disparate personality traits into consolidated constructs – predictively significant roles. In the course of the work, it was concluded that the use of the developed role modeling algorithm significantly increases the accuracy of the forecast (cooperation or opposition) compared to intuitive methods. The main findings emphasize the need to implement scientifically substantiated predictive models into practice to minimize investigative errors and optimize tactical influence on the participants of the investigation.

130-137 45
Abstract

The article examines the peculiarities of inspection, search, and seizure procedures in the context of the digitalization of criminal proceedings. The provisions of the Criminal Procedure Code of the Republic of Kazakhstan regulating traditional investigative actions are analyzed, and their applicability to digital data as an object of proof is assessed.
The study explores the specific features of electronic evidence related to the risks of alteration or destruction, as well as the necessity of involving a specialist when handling digital storage devices. Particular attention is paid to foreign experience, especially the institution of digital search in the legislation of Armenia. Based on the research results, proposals are formulated for improving criminal procedural legislation in the field of digital evidence handling, ensuring data integrity, and increasing the effectiveness of criminal investigations. The necessity of adapting traditional investigative actions to the digital environment is substantiated.

138-145 50
Abstract

The article provides a comprehensive theoretical and legal analysis of information inquiries as one of the key operational-search measures widely used in the activities of operational units. The relevance of the study is due to the transformation of the criminal environment, the active digitalization of social relations, the expansion of the volume of processed information, as well as the need to ensure a balance between the effectiveness of operational-search activities and the observance of constitutional rights and freedoms of individuals and citizens.

Based on the results of the study, proposals are formulated to improve the legislation on operational-search activities, including the establishment of a mechanism for authorizing requests involving the provision of confidential information, as well as clarifying the content of information inquiries in the context of the digitalization of operational-search activities. The article concludes that it is advisable to normatively expand this operational-search measure while simultaneously strengthening judicial and departmental control over its implementation.

146-154 47
Abstract

The article examines the legal nature of the information posted in the “Public Sector” subsystem of the Unified Register of Pre-Trial Investigations of the Republic of Kazakhstan. It is shown that, in the course of digitalization of pre-trial proceedings, access of participants in criminal proceedings to information on the progress of the investigation, adopted decisions, and certain case materials is acquiring stable procedural significance. Based on an analysis of legislation, subordinate regulation, and scholarly literature, it is established that the posted information does not form a homogeneous category. It includes reference data, notification-related procedural information, and criminal case materials subject to different legal regimes. It is substantiated that this digital environment is not an independent source of evidence, but serves as a form of access to procedurally significant documents. The study concludes that clearer legal regulation is needed for electronic familiarization with case materials, recording the moment of access, and confirming the authenticity of digital copies. This is important for ensuring the right to defense and access to justice.

155-165 49
Abstract

The article examines the application of modern technologies and artificial intelligence in the forensic support of measures to prevent and combat torture. The study focuses primarily on a set of technical tools that enable the objective recording of the results of crime scene examinations, artificial intelligence algorithms aimed at identifying procedural and methodological risks in the activities of investigators and forensic experts, as well as the legal, organizational, and ethical limits of introducing artificial intelligence into law enforcement and forensic activities.

The study substantiates the possibilities of subsequent processing and analysis by artificial intelligence of digital information obtained during a thorough crime scene examination. For this purpose, the author presents the patent “Modular Kit for Recording the Results of Crime Scene Examination” (utility model patent dated August 4, 2023).

The study employs formal legal, comparative legal, systemic-structural, and logical analysis, as well as the generalization of law enforcement practice, including foreign experience, and SWOT analysis.

The scientific novelty of the study lies in proposing a comprehensive model of forensic support for the prevention of torture, consisting of three interrelated elements: a modular kit for the objective recording of crime scene examination results; an artificial intelligence algorithm for identifying risk indicators of systematic procedural and methodological violations in the activities of investigators and forensic experts; and a legal and organizational control mechanism providing for mandatory human verification of artificial intelligence results, explainability, and personal data protection.

THE ACTIVITIES OF LAW ENFORCEMENT AND OTHER GOVERNMENT AGENCIES

166-171 51
Abstract

The article examines the role of the prosecutor’s office in improving the lawmaking process in the context of implementing the Development Strategy of the New Uzbekistan for 2022-2026, aimed at building a human-centered state. It is emphasized that the effectiveness of large-scale reforms directly depends on the quality of the legislative framework and the level of organization of lawmaking activities. Particular attention is paid to the participation of the prosecutor’s office in identifying gaps and conflicts in legislation, ensuring the compliance of normative legal acts with the Constitution and international standards, as well as introducing legislative initiatives.

The article analyzes statistical data on draft laws developed at the initiative of the Prosecutor General and reveals modern directions for modernizing lawmaking activities, including digitalization, the introduction of artificial intelligence, enhancement of human resources capacity, systematization of legislation, and improvement of legal expertise. It concludes that further expansion of the prosecutor’s office’s participation in lawmaking is necessary to strengthen the rule of law, protect citizens’ rights, and enhance the country’s international authority.

172-180 44
Abstract

The article explores current issues regarding the transformation of the system of disciplinary liability for law enforcement officers in the context of the digitalization of management processes. The subject of the study comprises the legal and organizational relations arising from the registration of misconduct in the virtual environment. The methodological framework includes the formal-legal method, system-structural approach, and legal modeling, while the empirical base is drawn from data analyzed during internal investigations within Police Departments for the 2024-2025 period.

The author substantiates that transitioning to a data-driven governance model requires not only technological updates but also the formation of a new legal framework governing liability for the quality, accuracy, and timeliness of data entry into state information systems. The main scientific result is the development of the concept of “digital disciplinary liability” and the AI-based algorithmic model “Disciplinary ERAP”.

The paper substantiates the need to automate internal investigations through the implementation of standardized digital templates, which will minimize subjectivity and reduce bureaucratic costs. The practical significance of the study lies in the formulated proposals for amending the departmental regulatory acts of the Ministry of Internal Affairs of the Republic of Kazakhstan that govern internal investigation procedures, and for implementing “digital footprint” mechanisms as an evidentiary base for disciplinary offenses.

INTERNATIONAL LAW AND COMPARATIVE LAW

181-187 50
Abstract

The study examines the problems arising in the implementation of appropriate health insurance for labor migration by the member states of the Eurasian Economic Union. Undoubtedly, the attraction of foreign labor is facilitated not only by agreed labor legislation, but also by the mechanism of Social Security, in particular, health care. Therefore, a legal analysis of health insurance for labor migration was carried out in the member states of the Union-Kazakhstan, Armenia, Belarus, Russia and Kyrgyzstan. At the same time, the consultative conclusions of the Court of the Eurasian Economic Union and administrative cases in practice on health insurance for labor migration considered in domestic judicial instances were studied. After analyzing the results of the study, it was noted that there is no uniform legal norm in the system of health insurance between states for labor migration. We see that it is regulated only by the legislation of each state. In this regard, the authors were given recommendations to solve this problem.

188-197 56
Abstract

This article examines the use of e-government and the impact on consular services. The main goal is to analyze the implementation of digital tools in the work of the consulate to study international experience, and it was revealed that some of this experience is applicable to the Republic of Kazakhstan. Justifying the comparative analysis and review of regulatory documents, the case study examined the experience of Estonia, South Korea, Singapore, the United Arab Emirates, Germany and the United States in the framework of digitalization of consular and visa technical procedures. It is worth noting that the transformation implements three elements: electronic visas, biometric verification, and multi-level electronic automated application processing. This article substantiates the implementation of consular digitalization in Kazakhstan, in the context of international guidelines, and identifies gaps. The study is guided by step-by-step recommendations in practice that allow us to take into account the country's institutional capabilities, as well as the legal framework and geopolitical rationale, as well as the need for national strategies for digitizing consular activities.



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ISSN 2518-7252 (Print)
ISSN 3079-4609 (Online)