THEORY AND HISTORY OF STATE AND LAW
In the modern world, where energy plays a key role in the economic and social development of each state, the study and understanding of energy relations is particularly important. In the Republic of Kazakhstan, where energy resources are one of the main export commodities, these relations acquire special significance and complexity. They represent a unique category of relationships characterised by a multi-level and multi-aspect nature.
In this article, which we bring to your attention, we aim to conduct a thorough and comprehensive study of the legal nature of the energy relations of the Republic of Kazakhstan, particularly focusing on the implications and opportunities that the digitalisation era offers. We intend to highlight the theoretical aspects of the energy law of the Republic of Kazakhstan in order to better understand and realise the importance and necessity of its legal regulation.
To achieve our goals, we plan to conduct a thorough analysis and review of the opinions and views of leading domestic and foreign scholars who are active in this field. This will allow us not only to delve deeper into the study of energy law, but also to identify promising directions for its development in the Republic of Kazakhstan.
CONSTITUTIONAL AND ADMINISTRATIVE LAW
The purpose of the scientific article is to analyze the current state of prevention and regulation of conflicts of interest as a preventive means of preventing violations of public service ethics and bribery. The article uses the methods of dialectics, formal logic, comparative law and the method of observation. In particular, the patterns of the development of admission and working in public service were studied using the dialectical method, the analysis of legislative norms was carried out using the formal logical method, comparisons with the legislation of foreign countries were carried out using the comparative legal method, and the experience of conflict of interest resolution was also studied using observation. As a result of the study, it was found that in the Kazakh legislation there are only primary norms for preventing conflicts of interest in the civil service and a complete mechanism for conflict of interest in the public sector has not been formed. In conclusion, based on the analysis of foreign experience, the effectiveness of conflict of interest regulation in the civil service has been proved and it is proposed to adopt the law «On Conflict of Interests». The novelty of the article lies in the fact that a systematic approach has been used to critically analyze legislation and law enforcement practice in preventing conflicts of interest in the civil service.
The article is devoted to problematic issues and improvement of the organizational and legal foundations of the road industry. As the main reasons for the unsatisfactory condition of transport routes, the author highlights the use of outdated standards and techniques for the design and construction of highways, as well as the insufficient introduction of innovative materials in this area. In particular, two main global trends are highlighted: the first is the use of special materials in road construction (geosynthetics, etc.) intended for reinforcement work and reinforcement of asphalt concrete pavements; the second is the expansion of cement-concrete roads as the most resistant to heavy loads. Kazakhstan significantly lags behind the specified international practice of creating high-strength and durable road structures. Based on the analysis of foreign experience and the opinion of experts of road construction works, the article formulates proposals for the qualitative transformation of road infrastructure.
In the article, the author examined different approaches to classifying highest officials. In the literature, most authors propose to classify highest officials depending on the form of government. However, in practice, there may be various atypical forms of highest officials. The author proposes to highlight the bases for the typology of highest officials (territorial level, number, procedure for conferring status and form of government), for each of which classifications of highest officials with corresponding examples are proposed. The subject of the research is the legal acts of the Republic of Kazakhstan and foreign countries, the legal norms formulated in them and the practice of their implementation, policy documents, scientific ideas about the classification of highest officials. The goals of the work are to identify problems in the typology of highest officials and develop proposals for solving them.
The article examines the shortcomings and contradictions in the legal norms governing the punishment for driving vehicle under the influence of alcohol, drugs or psychotropic substances. The author conducts a detailed analysis of the current regulatory legal acts and by-laws, identifying the main gaps that make it difficult to effectively apply the legislation. The article includes an analysis of the questionnaire conducted by the author on accidents caused by drivers in a state of intoxication, which emphasizes the need to tighten measures and improve the regulatory framework. The international experience in this field is considered, in particular, successful practices in combating drunk driving in other countries, and the possibility of their implementation in Kazakhstan is assessed. At the end of the article, the author offers specific recommendations for improving legislation aimed at improving road safety and reducing the number of accidents associated with driver intoxication. The conclusions of the work emphasize the need for an integrated approach to solving the problem, including both legal changes and measures to increase public awareness and responsibility of drivers.
CIVIL AND CIVIL PROCEDURE LAW
The article analyzes the changes introduced by the Law of the Republic of Kazakhstan «On introducing amendments and additions to some legislative acts of the Republic of Kazakhstan on improvement of civil procedural legislation and development of institutions of extrajudicial and pre-trial settlement of disputes» dated December 20, 2021 № 84-VII in Article 32 of the Civil Procedure Code. In accordance with the innovation the possibility of division of civil cases among all courts of the republic on the basis of extraterritorial rules is provided. A case under extraterritorial jurisdiction may be sent to a court of another region that considers cases of this category.
The authors see the relevance of the topic of the study in the practical functioning of this institution. As practice shows, extraterritorial jurisdiction in the country is applied very rarely and the goal set by the legislator to introduce this innovation has not been achieved. According to the authors, there are enough barriers for the full-fledged operation of this institution.
In the article the authors study the legal basis of extraterritorial jurisdiction in civil proceedings, assess the application of the institute in practice, discuss the barriers to its full functioning. Noting the impossibility of active application of the institute of extraterritorial jurisdiction in the form of the existing legal regulation, the authors propose their own version of measures to improve the legislation.
CRIMINAL LAW AND CRIMINOLOGY, PENAL LAW
In this article, the author examines the experience of countering crime in railway transport in the Federal Republic of Germany. The study of the law enforcement practical experience of the country under consideration shows that well-developed crime prevention measures reduce or, moreover, eliminate the causes and conditions conducive to the commission of criminal offenses, including theft at railway transport facilities. An analysis of the study of the historical development and activities of the German Federal Police allows the author to propose the implementation of advanced crime prevention methods used by the law enforcement agency in question in law enforcement activities by the internal affairs bodies of our republic. At the same time, it must be remembered that the mentality, customs, traditions and social relations existing in our country are somewhat different from those operating abroad. Therefore, we must deeply study foreign preventive measures before putting them into practice.
The article is conducted with the purpose of examining some issues of threats made in domestic violence in the Republic of Kazakhstan, where it explores complex issues related to threats arising in the context of domestic violence in Kazakhstan. The article analyzes various forms of threats faced by victims in the form of psychological violence. The main focus is on legal and social mechanisms for victim protection, as well as examining the effectiveness of existing legislation and regulatory acts. The authors analyze not only the current state of legislation in the field of combating domestic violence but also offer recommendations for enhancing the protection of victims' rights in the criminal law of the Republic of Kazakhstan. The study is based on criminal-legal aspects and the analysis of statistical data, which allows for a deeper understanding of the scope and characteristics of the problem in the Republic of Kazakhstan.
The article analyzes the institution of punishment, its goals and the procedure for imposing punishments. Special attention is paid to the construction of sanctions articles of the Special part of the Criminal Code of the Republic of Kazakhstan. The question of the disproportionality of terms or sizes of punishments not related to isolation from society in terms of crimes having an equivalent degree and nature of public danger is considered.
The author notes the advantages and disadvantages of the institution of substitution of punishment under the current legislation of the republic. Special attention is paid to the legislative algorithm for replacing punishments in case of malicious evasion of a person from serving a sentence and replacement with a milder form. Taking into account the analysis, the author identifies serious problems of legislative regulation of certain rules for changing the type of applied criminal legal influence on the convicted person. The article also examines and substantiates the possibility of applying correctional labor when replacing punishment, as well as the impact of the proposal on the further formation of the Compensation Fund for Victims.
The reform of criminal legislation in terms of improving the types of punishments not related to imprisonment is one of the main principles of the implementation of criminal policy. Ensuring the effectiveness of criminal legal sanctions applied to persons guilty of committing criminal offenses seems to be a necessary condition for preventing them from committing new criminal acts. The issues of legal regulation of the institution of a multiple fine as one of the main punishments applied to persons who have committed a crime or a criminal offense have been the subject of study during the preparation of this article. In the course of the study, an analysis of the norms of domestic legislation on the establishment of the specifics of punishment in the form of a multiple fine was carried out, the experience of some foreign countries in terms of legislative consolidation of the type of criminal punishment in question was studied. The features of the criminal law regulation of punishment in the form of a multiple fine under the legislation of the Republic of Kazakhstan are considered, based on the results of the analysis, conclusions and proposals aimed at improving the legislation under consideration are formulated.
Trends in the expansion of the scope of punishments not related to isolation from society have a significant impact on the further development of criminal and penal enforcement legislation and issues of their improvement. The article analyzes the legal regulation of restriction of freedom as one of the main punishments used for committing crimes and the type of punishment not related to the isolation of the convicted person from society. In the course of the study, the current state of criminal and penal enforcement legislation in terms of the legal regulation of punishment in the form of restriction of freedom is considered, the features and signs of the punishment in question are identified, the experience of some foreign countries in terms of regulating this punishment is studied. Based on the results of the analysis, conclusions and proposals aimed at improving the norms of the criminal and penal enforcement legislation of the Republic of Kazakhstan on punishment in the form of restriction of freedom are formulated.
The problem of sentencing women to imprisonment, as well as the isolation of women, is one of the «inconvenient» for both legislators and human rights defenders. On the one hand, the fact of belonging to the female is often perceived as a reason for using more humane methods of influence. On the other hand, leniency based solely on gender can lead to a violation of the principle of social justice. At the same time, the criminological picture of women committing ordinary crimes, including violent ones, is only getting worse every year. It is necessary to develop a consistent methodology for the application and execution of deprivation of liberty against women using additional tools available within the framework of the Kazakh legal system.
In the presented article, the authors consider the main reasons on the basis of which children and youth commit crimes in our country. The analysis of unfavorable life situations, as well as the living conditions of children and adolescents, allows us to conclude that the negative factors taking place in our society become the basis for the formation of future adult criminals. Juvenile delinquency is the main indicator of the social and moral state of the country's population. The fight against general crime in Kazakhstan can be effective only if timely preventive work is carried out to reduce the level of juvenile delinquency. In the modern world, the types and methods of committing crimes by minors have undergone significant changes in the direction of their complication. Children and youth delinquency are characterized by special cruelty, mercenary orientation and organization, which makes them dangerous for citizens. The article examines and analyzes the current state of children and youth delinquency in Kazakhstan. Based on the above official statistics, the dynamics of crimes committed by minors in Kazakhstan is monitored, in the period January of this year in comparison with previous similar periods.
The article deals with the issues of combating destructive religious movements in a secular state. In the modern world, the influence of the state on the religious situation and confessional relations is becoming the main instrument of political influence. The study of the place and role of religion in the socio-political life of countries within the framework of relations between the states of the world is important for modern religious studies. At the same time, it is known that in the process of globalization, religion is an important instrument of statehood, security and spiritual independence, and diplomatic relations. As part of the study of this issue, the authors analyze the institute of the Biy court and foreign experience based on customs in regulating public relations. The authors, studying the works of religious scholars and lawyers, point out the essential aspects of the modernization of the institute of the Biy court in order to create effective mechanisms of confrontation with destructive religious movements.
The article presented by the author examines the issues of saving and maintaining contacts with the outside world in the penitentiary period of persons serving sentences for extremism. To date, in the practice of deradicalization of convicts for extremism and terrorism in Kazakhstan, there is no law enforcement emphasis on the need to assess the substantive component of the connection of this category of convicts with relatives in the penitentiary period. Since this category of convicts requires some differentiation of both the normative and organizational components of regulation, the author pays special attention to the differentiated formation and systematization of corrective action, taking into account the individual characteristics of each convicted extremist, including the factor of religious socialization based on traditional beliefs.
Based on the analysis of theoretical sources and recommendations defining standards in the international context, the author formulated a proposal to improve the norms of law enforcement activities in relation to those convicted of extremism that help neutralize the risks of radicalization.
The article deals with problematic issues concerning decriminalizing a criminal offence and issuing and using fictitious invoices (Article 216 of the Criminal Code). Special attention is paid to the arguments justifying the independence of this norm from a predicate, decriminalized crime (art. 215 – false entrepreneurship).
The authors emphasize that the issuance of fictitious invoices is one of the main reasons for the growth of the shadow economy. In general, this affects the rights of bona fide businesses, hindering the development of entrepreneurship.
The initial introduction of this rule, as an auxiliary to «pseudo-entrepreneurship», currently does not correspond to reality, since it is an independent composition and a necessary condition for committing an offense in the form of tax evasion and money laundering.
The effectiveness of the penal enforcement system is significantly influenced by the use of forensic techniques. The specific range of technical and forensic means is defined within the system of technical and forensic support. The genesis of technical and forensic support for the detention of convicts in minimum security institutions reflects changes in society, economy and technology. Currently, the work on introduction of continuous video surveillance with the use of artificial intelligence in the institutions of the penal system of the Republic of Kazakhstan, which is aimed at ensuring law and order and crime prevention, has been completed. Taking into account that the main problem is evasion by convicts from serving their sentences in the minimum security institution, as a prospect for the development of technical and forensic support is seen improvement in the field of biometric identification. In particular, it is concluded that it is necessary to create a unified information system that combines several biometric technologies at once, as well as to equip authorized employees of the penal system with mobile devices and to develop a program that allows to promptly obtain the required information from genomic and fingerprint biometric systems.
This article reflects problematic issues of combating drug trafficking in social networks. Social networks are one of the key sources of illegal drug sales. As part of the study, a statistical analysis of drug distribution was carried out using electronic information resources in Kazakhstan and abroad. In addition, an analysis of the dynamics of the growth of drug crimes with the development of IT technologies was carried out. The main Internet platforms of foreign countries and Kazakhstan used for the distribution of narcotic substances are given. The authors substantively examined the mechanisms and possibilities of countering illegal drug trafficking in social networks, as well as their practical application by law enforcement agencies of the Republic of Kazakhstan in the prevention and suppression of crimes related to the trafficking of narcotic drugs, psychotropic substances or their analogues. The authors proposed the creation of a bot to effectively combat drug trafficking in social networks.
The article deals with the issues of criminal liability and punishment for committing criminal offenses against persons under the age of eighteen. Minors are recognized as a special category in international law and the national legislation of most countries, which can be traced in sectoral regulatory legal acts, and the criminal legislation of the Republic of Kazakhstan is no exception. The criminal law establishes special approaches in relation to minors involved in the orbit of criminal justice, a separate issue of criminal law is cases where a person under the age of eighteen is recognized as a victim of a criminal offense. The legal regulation of the issues of minors against whom criminal assaults are committed requires legislative and theoretical rethinking. The analysis carried out in the article made it possible to identify the shortcomings of the criminal law regulation of this issue and to propose reasonable ways to solve the existing problems in the field under consideration.
CRIMINAL PROCEDURE, CRIMINALISTICS, FORENSIC EXPERTISE
The article considers the issues of collection, analysis and application of operationally relevant information from open sources, on the Internet, in order with the purpose of solving tasks in conducting parallel financial investigations. The leading practices of searching for information of operational interest are highlighted. The authors have identified a number of organizational problems in the activities of domestic law enforcement agencies, the elimination of which it is proposed to consider the direction of improving the information and analytical support of investigative and operational activities, as well as training officers to various methods and techniques of analysis of information obtained from open sources. Taking into account the huge potential of the widespread implementation and application of open source intelligence technologies, the authors substantiate the necessity of giving them a priority in the search and identification of legalized property and income, conducting scientific research, training of specialists in this area.
The article discusses the issues of legal regulation of private detective activity proposed in the draft Law of the Republic of Kazakhstan «On private detective activity», developed by the Institute of Parliamentarism at the initiative of deputies of the Mazhilis of the Parliament of the Republic of Kazakhstan. The legislative restrictions for private detectives provided for by the Model Law and the legislation of foreign countries of Russia, Kyrgyzstan, Moldova and Latvia were analyzed. In particular, such qualification requirements as: age qualification, higher legal education, work experience and other characteristics necessary for this field of activity are considered.
Along with this, the current situation in such areas as security and collection activities, as well as the problems of the institution of private bailiffs, was analyzed.
Based on the analysis of existing problematic issues arising in areas similar to private detective activity, considering the current situation with the selection of personnel, proposals were made for the selection and staffing of qualified detectives.
The paper examines the prospects of using virtualization systems in the context of investigating cases of mass riots. The author examines the possibilities that virtual systems provide for recreating and analyzing events related to mass manifestations of public discontent. Special attention is paid to the use of a virtual environment to simulate the dynamics of riots, which can provide an effective analysis of the causes and consequences of such events. The prospects of virtual platforms for training the forces of order and improving coordination in crisis situations are also considered. The results of the study indicate the potential of virtualization systems in modern strategies for investigation, prevention and management of mass riots. Solutions to the problem under consideration are proposed.
THE ACTIVITIES OF LAW ENFORCEMENT AND OTHER GOVERNMENT AGENCIES
The article analyzes the views of some states on the concept of artificial intelligence, as a result of which conclusions are drawn about the lack of generally recognized approaches to defining this concept in legal acts, conceptual and doctrinal documents. This fact tells us that legal regulation in the field of artificial intelligence is carried out at the national level based on our own approaches and experience.
The classification of systems and technologies is of great interest from the point of view of determining the threats and risks of their use, including in the activities of the prosecutor's office. However, there is no such classification in most official documents. Of the classifications analyzed, the approach outlined in the draft European law on artificial intelligence is of the greatest interest. It seems that the views set out in this draft law can be used as a basis for determining and assessing threats and risks to fundamental human rights when using technologies and artificial intelligence systems in the activities of the prosecutor's office.
ENVIRONMENTAL LAW
In the Republic of Kazakhstan, where environmental issues are high on the agenda, the possibility of introducing artificial intelligence into the environmental sphere is seen as an important step towards improving the environment. However, despite the many advantages offered by these technologies, their use is still relevant in terms of legislation and regulation.
The aim of the research is to find the most effective methods of legal regulation in this field, which is an important step to ensure the harmonious development of society and the preservation of the natural resources of our planet. This article presents a legislative analysis of the use of artificial intelligence in the field of environmental protection. The authors study the legislative regulation of this sphere, focus on the legislative principles of the use of artificial intelligence in the field of environmental protection, comprehensively consider the main problems arising from the introduction of artificial intelligence in the environmental sphere, offer possible ways to solve them, which, in turn, allows to solve environmental problems more effectively.
This article discusses the issues of solving the problem of industrial and solid household waste management in some foreign countries.
It provides a brief description of the state waste management bodies in foreign countries, as well as the goals and main directions of waste management policy.
Based on the analysis of the legislation of such states as the United Kingdom, Germany, the Republic of Korea, the United States, as well as the practice of applying waste management standards, the most interesting methods and technologies of waste processing and disposal have been identified.
As a result, it is proposed to test such innovations in order to improve the unfavorable situation with the disposal and recycling of industrial and solid household waste in Kazakhstan, as well as proposals for correcting the norms of modern Kazakh law.
The Republic of Kazakhstan faces a serious electronic waste management problem with significant environmental and public health implications. Legal regulation is critical to address these challenges and to ensure that electronic waste is managed safely and sustainably in accordance with international standards. This article analyses the legal framework for e-waste management in the Republic of Kazakhstan. It identifies areas for improvement and calls for stricter enforcement measures and better regulatory mechanisms.
The aim of the article is to contribute to the development of a more comprehensive and effective legal framework for e-waste management in the Republic of Kazakhstan, consistent with global sustainable development goals, and to address environmental and public health concerns.
RESEARCH IN THE FIELD OF PEDAGOGY, PSYCHOLOGY AND SOCIO-ECONOMIC SCIENCES
The article deals with topical issues of the development of legal education in the Republic of Kazakhstan. Based on the experience of educational activities of the Law Enforcement Academy under the Prosecutor General's Office of the Republic of Kazakhstan, the most important problems of training legal personnel, both in civil and departmental organizations of higher and postgraduate education, namely the lack of a socially demanded and consistent strategy for the development of Kazakhstani legal education, the predominance of theoretical courses in educational programs in the areas of training lawyers, the professional level of professorial-teaching staff, improving the effectiveness of postgraduate education, etc. Based on the results of the analysis, specific proposals have been developed to address problematic issues, including organizational and legislative issues. The problems of postgraduate education in special educational institutions and universities are highlighted separately.
INTERNATIONAL LAW AND COMPARATIVE LAW
The article discusses the legislative features, innovations and experience of individual countries in the field of regulating the processes of collecting and processing personal data. At the same time, the author focuses on the approach of European countries, since their experience in the field of data protection, ensuring confidentiality and preventing unreasonable interference in private life is considered advanced in the world. The article also touches on the issue and provides a different scientific approach regarding the relationship between the concepts of «privacy» and «personal data protection». In addition, attention is paid to the practice of the European Court of Human Rights (ECtHR), on the basis of which criteria have been developed for the lawful restriction of rights to personal data. The purpose of this work is to study advanced foreign experience in the protection of personal data to determine the feasibility and possibility of its implementation in the Republic of Kazakhstan.
ISSN 3079-4609 (Online)

