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Bulletin of the Law Enforcement Academy

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No 1(35) (2025)
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THEORY AND HISTORY OF STATE AND LAW

8-17 101
Abstract

The article examines the issue of implementing the concept of “Legal Advisors in the Armed Forces” into the current legislation of the Republic of Kazakhstan. The authors justify the necessity of legally formalizing this institution based on Kazakhstan’s international obligations under the Geneva Conventions and their Additional Protocols, as well as foreign experience. The key functions of legal advisors are analyzed, including advising commanders on the application of international humanitarian law norms, providing legal training to military personnel, and developing and distributing methodological materials. Additionally, the article explores the levels of application of international humanitarian law within military structures, the role of legal advisors in strategic and tactical military planning, and their participation in the legal assessment of means and methods of warfare during armed conflicts. The legal status of legal advisors, potential models of organizational subordination, and their interaction with military command are also considered.

The article concludes with recommendations for amending the legislation of the Republic of Kazakhstan to institutionalize legal advisors within the Armed Forces.

18-25 105
Abstract

The article is devoted to the study of the prospects of introducing unmanned aerial vehicles into the system of ensuring public security of the Republic of Kazakhstan. The main directions of the use of unmanned aerial vehicles are considered, including monitoring of public events, prevention of emergencies situations, surveillance and control of law and order. The works of domestic and foreign scientists devoted to various aspects of the use of unmanned aerial vehicles in the field of public safety and public protection are analyzed in order to be able to adapt to the specifics of Kazakhstan. The advantages of the use of unmanned aerial vehicles, as well as the problems associated with their integration into the existing security infrastructure are considered. The conclusion formulates the prospects for the development of public security in our country with the use of unmanned aerial vehicles, including conducting pilot projects, creating their own unmanned systems through public-private partnership and integration with other technologies.

CONSTITUTIONAL AND ADMINISTRATIVE LAW

26-36 102
Abstract

The article discusses current problematic issues regarding the implementation of various types of anti-corruption restrictions in the sphere of public life of Kazakh society. An analysis of the anti-corruption legislation of the Republic of Kazakhstan was carried out, through which shortcomings and gaps were identified that impede the effective fight against corruption in society.

The main focus of the work is on studying the anti-corruption restriction in the form of a ban on receiving gifts to civil servants. It is also important to note that in this case, practical experience in applying anti-corruption restrictions and measures is important.

The author examines examples and positive experience in implementing anti-corruption restrictions in international practice. As a result of the work, recommendations are proposed for solving problematic issues, as well as ways to increase the effectiveness of anti-corruption mechanisms through the development of the legal framework in the country. Separately, the issue of a complete ban on receiving and giving gifts to persons holding a responsible public position, as well as authorized persons to perform public functions equivalent to them, and members of their families has been studied.

37-42 100
Abstract

The article considers the possibility of introducing an administrative and legal norm for inefficient planning and use of budgetary funds. This approach is conditioned by the need to take additional measures to ensure the protection of the state budget as one of the postulates of ensuring the economic security of the country. The author analyzes the current legislation regulating the principles of the budget system of the Republic of Kazakhstan, as well as regulatory legal acts regulating the rules for the development and approval of budget programs. By the author's opinion, in order to comply with the principle of humanism and to prevent unjustified spending of budgetary funds, it is necessary to provide for administrative responsibility for ineffective planning and (or) use of budgetary funds, since the absence of a selfish goal contributes to the exclusion of a criminal offense in the actions of officials aimed at committing embezzlement and appropriation.

43-50 106
Abstract

The article is devoted to the study of the procedural position of the prosecutor in administrative proceedings on public law disputes. Based on the theoretical analysis, two important functions of the prosecutor in the administrative process were identified: a representative function related to the need to protect persons on behalf of the prosecutor and a constitutional and legal function aimed at ensuring compliance with and enforcement of current legislation. Administrative procedural legislation has made significant progress in protecting the public rights of citizens, as evidenced by the positive experience of legislative and law enforcement practice. The role and necessity of the prosecutor's participation in the administrative process is obvious and has never been disputed in legal science. At the same time, the specifics of the prosecutor's procedural position in the proceedings and his status as an administrative plaintiff remain poorly understood in the branch of the Kazakh administrative process.

51-58 99
Abstract

The article examines the historical analysis of the development of the civil service in the Republic of Kazakhstan, namely, the institution of restrictive measures and prohibitions in the civil service has been considered since independence. It should be noted that the success of the development of the whole society depends on the effective activity of the State civil service. It must be recognized that the reforms of the civil service were carried out in accordance with the basic principles of building a democratic rule of law. In this regard, the authors believe it is necessary to consider the possibility of introducing the institution of impeccable reputation when admitting a candidate to the civil service. This filter will allow at the legislative level to collect information on the candidate aimed at preventing the penetration of unreliable persons into the law enforcement service.

59-66 93
Abstract

The article discusses one of the topical issues of combating corruption – the concept of corruption. In order to determine it, the authors conducts an in-depth analysis of international and national legislation, basic scientific approaches and international standards. As a result of the study, it was found that the definition of corruption used in the national legislation of the Republic of Kazakhstan does not fully comply with international standards, including the provisions of the United Nations Convention against Corruption, the recommendations of the Organization for Economic Cooperation and Development and the generally accepted concept in jurisprudence. In order to eliminate these gaps and improve the national legal system, the authors proposes a new, scientifically based definition. When developing the definition, the principles of legal technique are taken into account. The article contains the results of the study and specific recommendations.

67-72 91
Abstract

The legislation of the Republic of Kazakhstan regulating issues of selection and civil service is currently undergoing certain changes. This is due to the fact that the realities of the time dictate the need to modernize the life of the country, including the further development of the civil service. The authors, in light of the reforms, propose that when selecting candidates for service in government bodies, take into account the institution of “impeccable reputation”. When developing the definition of “impeccable reputation”, the requirements of regulatory legal acts of the Republic of Kazakhstan were taken into account as a basis. The basis of an impeccable reputation – is the availability of information about the professional and moral qualities of a candidate for the civil service. The results of the survey showed that checking a candidate on social networks and the media should be one of the components of the institution of impeccable reputation.

73-82 102
Abstract

The article discusses the concept, features and legal significance of customs control in the country. Currently, due to the development of foreign trade turnover, a comprehensive study of the Institute of customs Control of customs law is becoming relevant. Customs control is a part of the state control system, the content of which is determined by the state customs policy. The state of the economy of the Republic of Kazakhstan, the increase in international trade and the decrease in violations of customs legislation are largely due to the highquality and effective customs control. From this point of view, a clear definition of the concept, the specifics of customs control and its legal essence is of great importance. This article discusses the concept, features and legal essence of customs control using scientific methods of universal and comparative legal analysis. In the conclusion of the article, the authors identify the main features and peculiarities characterizing customs control, and also propose the author's definition of customs control.

CIVIL AND CIVIL PROCEDURE LAW

83-92 103
Abstract

The article analyzes the normative regulation of the system of insurance of professional liability of medical workers being introduced in the Republic of Kazakhstan.

Integration of this type of insurance into the current system is carried out taking into account successful world practices, and the authors prove the necessity of its introduction by the urgent need that exists in the country. Thus, in Kazakhstan there is no system and effective means of protection of medical workers in case of disputes related to the professionalism of medical workers, there is no official statistics of medical errors, there are no specialized legal acts to protect the rights of patients, and the level of medical care is assessed by the number of patient complaints.

The purpose of the scientific study is to analyze the relevance of the implementation of the system of professional liability insurance for medical workers and the adopted order of legislative regulation.

To achieve this goal, the authors comprehensively discuss the newly adopted regulatory legal acts, amendments and additions to the current legislation, conclusions and make suggestions.

93-100 103
Abstract

The article is devoted to the comparative legal analysis of the development of family entrepreneurship in our country and abroad. The article identifies the current problems of family entrepreneurship as a socioeconomic phenomenon, the features of family entrepreneurship, and the nature of its development. The foreign experience of legislative consolidation of family entrepreneurship is analyzed on the basis of examples, and a generalized review of the legislation of foreign countries on family entrepreneurship is conducted. The list of changes and proposals that should be introduced into the country's legislation is listed, considering family entrepreneurship as a separate legal institution. In this paper, the advantages of family entrepreneurship in the process of developing the country's economy and its legal significance are comprehensively discussed. Due to the lack of a specific regulatory legal act concerning family business, it has not been given a legal definition. Therefore, the article pays special attention to the legislative regulation of this type of business. The result of the study will be the need for state support and protection of family entrepreneurship, the development of special social programs aimed at developing the entrepreneurial activities of family members.

100-107 120
Abstract

This article explores the potential of Artificial Intelligence (AI) to mitigate the misuse of the “The client is always right” principle, often exploited for unfair advantages. While consumer rights are well-protected, businesses increasingly face consumer extremism, manifesting as abusive behaviors like unwarranted returns, fraudulent service claims. AI technologies, including machine learning and natural language processing, offer solutions by identifying patterns of abuse, analyzing sentiment and intent, and automating decision-making processes. This proactive approach allows businesses to detect and prevent consumer extremism, protecting both their financial interests and employee well-being. However, ethical considerations, particularly regarding bias in AI systems, must be addressed to ensure fair and transparent practices. This research utilizes a qualitative literature review and ethical and legal modeling to analyze the challenges and opportunities of implementing AI to counter consumer extremism, advocating for a balanced approach that protects both businesses and consumers.

CRIMINAL LAW AND CRIMINOLOGY, PENAL LAW

108-117 100
Abstract

The article analyzes some aspects of the identification of signs of corruption crimes and their legislative consolidation in the norms of criminal legislation, as well as the current state of the norms of domestic criminal legislation on the regulation of the list of crimes in this category.

In the course of the study, the author studied the opinions of scientists who considered the problems of identifying signs of corruption crimes, analyzed the concepts of “corruption” and “corruption offense” provided for by the norms of the Law of the Republic of Kazakhstan “On Combating Corruption” dated November 18, 2015, in order to identify and formulate the main signs of a corruption crime. In addition, the study showed that there was a discrepancy between the norms on the list of corruption crimes provided for in the normative resolution of the Supreme Court of the Republic of Kazakhstan dated October 28, 2005 “On judicial practice in cases of military criminal offenses” with the provisions of paragraph 29) of Article 3 of the Criminal Code of the Republic of Kazakhstan, which sets out the list of corruption crimes.

Based on the results of the analysis, conclusions and proposals have been formulated aimed at improving the norms of criminal legislation on the legal regulation of signs of corruption crimes and the list of crimes in this category.

118-125 97
Abstract

In the context of ongoing political and legal reforms in the penal enforcement system, the priority is the re-socialization of persons sentenced to imprisonment. One of the ways to re-socialize such people is to involve them in work. Labor as a measure of influence on the personality of the offender remains a very effective measure for a long time. The author of the article highlights the key problems faced in the process of employment of convicted persons in prison. In particular, issues of insufficient resource provision, gaps in legislation, as well as issues of interaction between interested bodies in the employment of convicts are considered. This article reveals the importance of convict employment as one of the goals of punishment, discusses the advantages and challenges faced in this area, and analyzes strategies and programs aimed at increasing convict employment and reducing recidivism.

126-133 100
Abstract

Based on the analysis of scientific approaches and norms of the criminal legislation of the Republic of Kazakhstan, the article examines the issues of criminal liability for unauthorized use of mineral resources (Article 334 of the Criminal Code of the Republic of Kazakhstan).

The article considers the criminalization of encroachment on the subsoil as an object of ownership in Kazakhstan, as well as the dynamics of the growth of violations of the right of state ownership of the subsoil in 2010-2024.

It has been revealed that the detection rate of criminal offenses provided for in Article 334 of the Criminal Code of the Republic of Kazakhstan is low, and most cases are terminated in the absence of an event or corpus delicti. This indicates not only the lack of professionalism of the investigators, but also a number of objective reasons – the lack of an effective mechanism for assessing damage caused to subsurface resources, the availability of an appropriate type of forensic examination, and the shortage of specialists capable of assessing damage caused to subsurface resources.

Proposals of a regulatory, methodological, and innovative organizational nature have been developed to address problematic issues.

134-142 99
Abstract

Money laundering remains a key threat to Kazakhstan's economic security and the global financial system, exacerbated by the digitalization of criminal activity. The purpose of the study is to analyze conversion transactions as a money laundering tool in national and international legislation. Using comparative legal, systemstructural and historical-legal methods, the authors identified gaps in the regulation of the term “conversion”, which in Kazakh law does not have a clear definition, which leads to legal conflicts. The study highlights the role of conversion at the stratification stage in the classic laundering model, including currency exchange, investment, cryptocurrencies, and the creation of fictitious companies. Comparison with the experience of Russia, Uzbekistan and Belarus has shown the need to differentiate the concepts of “transactions” and “operations” in order to strengthen control. Amendments to the legislation have been proposed, including clarifying terms in the Regulatory Decree of the Supreme Court and the Criminal Code of the Republic of Kazakhstan.

143-149 111
Abstract

The article examines the features of compulsory payments and their distinctions from fines from the perspective of criminal law. An analysis of the legal regulation of compulsory payments as an alternative criminal law measure has been conducted. Within the framework of the study, the works of Kazakhstani and foreign scholars on the objectives of compulsory payments in the context of alternative criminal law measures were reviewed. The goals and objectives of this measure have been analyzed in terms of its impact mechanisms on offenders, based on a comparison of national and international legislation. Modern judicial practice regarding the application of this measure has also been examined.

Based on the results of the study, recommendations were proposed for introducing amendments and additions to the Criminal Code of the Republic of Kazakhstan, Law «On the Victim Compensation Fund» and the Budget Code of the Republic of Kazakhstan, regarding the application of forced payment in accordance with the objectives of criminal law.

150-156 92
Abstract

In this article the author thoroughly analyzes the two most significant, in his opinion, elements of criminalistic characteristic of crimes related to illegal trafficking of precious metals and precious stones, commodities containing precious metals – the subject of the crime and ways of committing it. The results of the analysis of ways of committing crimes allow the author to establish the presence in the acts of guilty persons of features that require their separate criminal-legal assessment. Thus, it is established that the illegal circulation of the objects of the offense in question consists not only in their illegal extraction, acquisition, sale, storage, transportation, forwarding, but also in their theft. The author concludes that it is advisable to make an addition to Article 295-1 of the Criminal Code of the Republic of Kazakhstan, through which the acts of guilty persons will be qualified with the greatest compliance with their actions.

157-165 96
Abstract

The article touches upon the actual problems of criminal law regulation in the context of the rapid development and integration of artificial intelligence into various spheres of human activity. The main attention is paid to the analysis of responsibility for actions performed using artificial intelligence, the difficulties of qualifying such criminal actions and problems with the collection and interpretation of evidence in the investigation of criminal cases. The authors raise the issue of the ineffectiveness of traditional approaches to criminal liability in cases where crimes are committed using artificial intelligence, because AI does not have consciousness or will, which calls into question the applicability of the principles of guilt and subjectivity. The article also describes possible threats such as the use of artificial intelligence for military purposes, cyber attacks using machine learning algorithms, harassment of people using facial recognition and mood analysis algorithms, as well as threats to the security of strategically important facilities due to the dependence of their infocommunication support networks on intelligent systems. In conclusion, the directions for further development of legislation are proposed, which could ensure adequate criminal law regulation in the context of the ongoing introduction of artificial intelligence solutions into public life.

166-174 101
Abstract

The article deals with the problems of criminal responsibility of parents for negligent crimes related to improper fulfillment of their duties to ensure the safety of children. The study is actualized by the growing number of cases of leaving children unattended, which leads to threats to their life and health. Scientific novelty of the work consists in a comprehensive analysis of the norms of criminal legislation of the Republic of Kazakhstan, as well as in the identification of legislative gaps related to the legal status of parents as subjects of criminal responsibility.

Special attention is paid to the comparative study of the experience of foreign countries, where effective mechanisms have been developed to bring parents to responsibility for crimes of negligence against children. The authors propose recommendations to improve national legislation, including the introduction of the concept of «concomitant responsibility», allowing to take into account the joint inaction of parents.

The conclusions proposed in the article are aimed at improving the effectiveness of the protection of children's rights and minimizing risks to their life and health. The article is of interest to lawyers, judges and researchers in the field of family and criminal law.

175-183 103
Abstract

The article discusses issues of theory, practice and legislation on the functioning of the criminal liability of legal entities in English criminal law. In this vein, the genesis and typology of theories that define a legal entity as a subject of a crime are revealed. Thus, taking into account English law, doctrine and practice, two conceptual approaches are used to define a legal entity as the subject of a crime. The functioning of the first approach is typical for “human” crimes, for example, unintentional murder. The second approach is related to bringing legal entities to criminal responsibility for criminal acts committed by its employees who have the ability to make managerial decisions and carry out specific actions in favor of the legal entity. At the same time, legal practice is increasingly faced with the guilt of officials in committing crimes related to causing death and harm to people, which, according to scientists, requires the concretization of the concept of “corporate criminal” and the transformation of vicarious liability into the theory of identification.

184-191 90
Abstract

The article discusses the issues of applying one of the measures of criminal legal influence to persons who have committed criminal offenses – the establishment of special requirements for the behavior of a person who has committed a criminal offense. This measure is regulated not only by the norms of the criminal law, but also by administrative legislation and the Law of the Republic of Kazakhstan of 2009 “On the Prevention of domestic Violence”. The legal instrument under consideration is aimed at ensuring the safety of the injured party and can be an effective tool for their protection, since there may be situations in which it is impossible to apply punishments or punishments are insufficient. The addition of criminal legislation to establish special requirements for the behavior of a person who has committed an assault is a significant step in countering domestic violence. The legal regulation of the issue of the application of this measure of criminal legal impact and the correlation of legal norms on the establishment of special requirements for the offender's behavior in terms of intersectoral regulation raise a number of serious issues that need to be resolved. The analysis conducted in the article is aimed at identifying existing problems and developing author's ways to resolve them.

CRIMINAL PROCEDURE, CRIMINALISTICS, FORENSIC EXPERTISE

192-202 95
Abstract

The article discusses some problematic issues of the prosecutor's participation in court as a party supporting the prosecution and offering punishment. The concepts of the prosecution, the Particular attention is paid to the identified inconsistencies and gaps in the interpretation of the concepts contained in the explanation of Article 7 of the Criminal Procedure Code of the Republic of Kazakhstan, which generates legal conflicts. At the same time, it speaks of the most responsible stage of the main trial – judicial investigation and the performance by the state prosecutor of his functions in proposing types of punishments. Particular attention is paid to proving the guilt of the person brought to justice, as well as the position of the prosecutor when imposing punishment. In the final part, the authors have drawn conclusions and prepared proposals for amendments to the criminal procedure legislation.

203-209 100
Abstract

The paper examines the principle of presumption of innocence from the perspective of the correlate of the material (objective) truth as the goal of the criminal process and evidence in a criminal case. A critical analysis of existing scientific views on this scientific issue is carried out. As a result of the comparative analysis, gaps in the theory of criminal procedure are eliminated due to an in-depth knowledge of the Western doctrine of relative concepts of material truth. The inductive properties of the principle of presumption of innocence are revealed. The summarizing part examines the elements of the legal composition of the principle of presumption of innocence, which form the conditions for the purpose of criminal proceedings as the achievement of material truth. 

INTERNATIONAL LAW AND COMPARATIVE LAW

210-220 108
Abstract

This study was devoted to a new challenge for modern international humanitarian law (IHL), which is associated with the development of science and technology and the application of the latest technologies in the development and use of military weapons and methods of conducting military conflicts. Due to the rapid development of science and technology, international humanitarian law is unable to regulate in a timely and detailed manner issues related to the introduction of new weapons, as well as methods and means used to conduct military conflicts in a previously unknown plane, in the so-called cyberspace. However, international treaties regulate general provisions that can be applied to the development of modern-generation weapons, as well as methods and means of warfare at present and in the future. In addition, the principles of international humanitarian law, which are universal in nature and the norms of customary law, can be applied to the new conditions associated with the use of the latest technologies in the development of combat weapons.



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