The article is devoted to a comprehensive analysis of the content and role of the principle of legality in the administrative proceedings of the Republic of Kazakhstan. The purpose of the study is to clarify the normative and doctrinal understanding of the principle of legality, to identify its relationship with the principles of fairness, proportionality and protection of the public interest. The research is based on a comprehensive approach, including an analysis of regulatory legal acts, a review of foreign experience, as well as statistical dataanalysis.

The methodological basis consists of formal legal, comparative legal, systemic and structurally functional methods based on the analysis of the Constitution of the Republic of Kazakhstan, the Administrative Procedural Code of the Republic of Kazakhstan and judicial practice of specialized administrative courts. It is shown that the principle of legality acts as the backbone of the administrative process, but its implementation is complicated by conflicts of jurisdiction between administrative and civil courts, gaps in legal regulation and heterogeneity of approaches to assessing public interest and administrative discretion. The necessity of a material understanding of legality is substantiated, assuming its interpretation in unity with the requirement of justice and effective protection of subjective rights, as well as further improvement of legislation and judicial practice, taking into account foreign experience in the development of administrative justice.

The article is devoted to a comprehensive examination of the legal, ethical, and constitutional dimensions of euthanasia within the contemporary European legal framework. The core focus of the study lies in the relationship between the fundamental right to life and the principle of personal autonomy, from which a potential right to die may be derived. Drawing on the case law of the European Court of Human Rights, the article analyses the doctrine of the “margin of appreciation” afforded to states in regulating matters concerning the termination of life, as well as the requirements of international standards aimed at protecting vulnerable groups, ensuring procedural transparency, and preventing abuse. An analysis of national legal models across a number of European states reveals the absence of a unified approach and highlights the existence of diverse regulatory strategies, ranging from the full legalisation of euthanasia to an emphasis on the development of palliative care.

Particular attention is paid to the necessity of appropriate institutional conditions, including the availability of advanced palliative care services, the operation of independent oversight mechanisms, adherence to professional medical ethics, and a thorough assessment of the patient’s health status. The article concludes that the legalisation of euthanasia may be considered permissible only where a comprehensive system of safeguards is in place, capable of maintaining a balanced reconciliation between the protection of life, respect for human rights, and recognition of personal autonomy.

The legal regulation of assisted reproductive methods and technologies in the Republic of Kazakhstan is consistently developing, but still needs to be improved. The study analyzes the main regulatory legal acts regulating assisted reproductive methods and technologies, including the legislation of the Republic of Kazakhstan in the field of health, marriage and family legislation and orders of the Minister of Health in the field of reproductive medicine. Among the most pressing issues are the socio-legal status of the human fetus, the duties and responsibilities of the surrogate mother and genetic parents, as well as the conditions for the donation of germ cells. The issues of the insufficient legal framework for genetic research, the legal status of the human embryo and legality for research purposes, as well as examples of legal liability for foreign experience and offenses are considered, it is indicated that the lack of legal regulation in matters of surrogacy can lead to abuse. When conducting a comparative analysis, the need to bring Kazakhstan legislation in line with international experience is determined. The authors note the importance of passing separate laws regulating assisted reproductive methods and technologies and ensuring the reproductive rights of citizens. This study will certainly lay the foundations for strategic steps aimed at improving the country's legal system, protecting and developing the reproductive rights of citizens.

The purpose of this article is to analyze the constitutional and legal foundations, historical, political and legal prerequisites for the formation of a unicameral parliamentary system and assess its impact on the effectiveness of public administration and the development of democracy. At the same time, consideration of the evolution of parliamentarism in the Republic of Kazakhstan; identification of constitutional and legal norms that determine the structure, powers and principles of the organization of the Parliament; assessing the benefits of moving to a unicameral parliament for political stability; determining the impact of the unicameral structure on the legislative process, the quality of laws adopted and the interaction of branches of government were the tasks of the study.

During the writing of the article, general scientific and special legal research methods were used. The authors also conducted a study of the foreign experience of states with a unicameral parliament and assessed the possibility of its adaptation in the Republic of Kazakhstan.

The authors also consider the evolution of the existing bicameral structure, the political content of the 2022 constitutional reforms, as well as the significance of changes aimed at optimizing the legislative process. In addition, the advantages and risks of the unicameral model are investigated – in terms of decision-making efficiency, regional representation, political stability and the level of legitimacy. The article provides a comparative analysis of the experience of post-Soviet prospects for institutional development for Kazakhstan.

This scientific article provides a comparative legal analysis of the legislative regulation of labor rights protection and inclusion of persons with disabilities (PwDs) in Austria and Kazakhstan. The study covers issues of employment, quota allocation, legal guarantees during hiring and dismissal, protection against discrimination, and the creation of adapted workplaces. The role of trade unions and public organizations is also examined. In Austria, the protection of PwDs’ rights is regulated by the Federal Disability Equality Act (BGStG) and the Employment of Persons with Disabilities Act (BEinstG). In Kazakhstan, national legislation in this field has undergone several stages of reform: employment quotas for persons with disabilities were introduced, along with tax and administrative incentives for employers. However, despite the legal and institutional measures taken, the employment rate of persons with disabilities remains insufficient. The research highlights the importance of enhancing compliance with the UN Convention on the Rights of Persons with Disabilities and improving national legislation to strengthen their social protection and welfare.

The article analyzes anti-corruption legislation for the legal regulation of “domestic corruption”, examines problematic aspects of legislative consolidation of the phenomenon in question. In the course of the study, the authors examined the opinions of scientists who considered the problems of identifying signs of “domestic corruption”, analyzed the Concept of Anti-Corruption Policy of the Republic of Kazakhstan for 20222026, which provides for measures to reduce the level of “domestic corruption” in order to establish the main features of the category under study. The study showed that there are certain inconsistencies in the norms of anti-corruption legislation, which do not allow us to properly assess the prevalence of “domestic corruption”, the degree of its danger, etc. Based on the results of the analysis, conclusions and proposals have been formulated aimed at improving the norms of current legislation on the legal regulation of signs of “domestic corruption”.

In the article, the authors investigated the issues of inefficient planning and inefficient use of budget funds in the Republic of Kazakhstan. In particular, statistical data on the state of spending of the state budget are analyzed. Based on the results of the analysis, it was found that inefficient planning and/or use of budgetary funds is one of the most common administrative violations committed by responsible officials. According to the authors, the existence of a special administrative and legal norm does not contribute to both the suppression and prevention of such an act. Along with statistics, the authors have studied the world's experience in combating inefficient planning and (or) the use of budget funds, as well as the work of domestic scientists. In most countries of the near and far abroad, such offenses are of a criminal nature, and responsibility for their commission comes under criminal law. In this regard, the authors have made proposals to classify ineffective planning and (or) the use of budgetary funds as criminally punishable acts through the prism of the institution of “administrative responsibility”.

The article provides a comprehensive analysis of the institution of special confiscation of property in the Criminal law of the Republic of Kazakhstan, with an emphasis on the features and challenges of its application at the pre-trial stage. The author examines existing regulatory gaps and limitations that reduce the effectiveness of this legal mechanism. Special attention is given to a comparative legal analysis of the criminal and criminal procedure legislation of the Republic of Uzbekistan, the Kyrgyz Republic, the Russian Federation, and the Federal Republic of Germany, which allows identifying key trends and best international practices in the field of property confiscation. Based on the analysis, recommendations are formulated for improving Article 667 of the Criminal Procedure Code of the Republic of Kazakhstan, aimed at expanding the legal possibilities for applying confiscation before sentencing, enhancing its preventive potential, and ensuring more effective use of this institution to achieve the objectives of criminal law.

The article provides a comprehensive analysis of fraud disguised as civil-law obligations in the lending of funds, which remains one of the most prevalent and socially significant challenges for Kazakhstan’s legal system. The study draws on national legislation, judicial and investigative practice, statistical indicators and international experience.

It identifies key gaps that enable unscrupulous borrowers to evade criminal liability, undermining public trust in lending relations and complicating the protection of victims’ rights.

The authors propose a set of measures including mandatory documentation of loans, differentiated repayment periods depending on the scale of damage, and stricter liability for non-repayment.

Particular emphasis is placed on the need for targeted amendments to Article 190 of the Criminal Code of the Republic of Kazakhstan and the active introduction of digital technologies to create reliable evidence and enhance transparency of financial transactions.

The proposed approach seeks to prevent abuse and strengthen confidence in lawful debt relations.

This scientific article considers the issues of improvement of the institute of parole from further serving of punishment in the form of imprisonment. Comparative analysis of the legislation and its practical application in other countries are given. In Western countries with a more developed human rights legal framework, these decisions are not made solely by any official, but are often the expression of an opinion consolidated with society. Some stagnation of the tendency of development of this institution and lack of public participation in it in Kazakhstan is pointed out.

Revealing the conflicts and law enforcement difficulties, the most optimal ways to solve the problem are proposed, meeting today's interests and realities through the prism of developing a partnership between the penitentiary system and society.

The article examines the problem of differentiating between Internet fraud and cybercrime in the context of the digital transformation of social relations. The purpose of the study is to develop criminal law criteria for distinguishing these offenses based on the nature of the object of encroachment and the functional role of information systems in the mechanism of the crime. The paper proposes criteria for differentiation grounded in the identification of the direct object of criminal encroachment and the role of information systems in the commission of the offense. It is substantiated that cybercrime should encompass acts in which information systems and relations in the field of information security constitute the direct object of criminal protection, whereas Internet fraud represents a form of traditional property infringement in which digital technologies are used as an instrument of deception. It is concluded that a remote method of influencing the victim does not in itself constitute Internet fraud unless the deception is carried out through the use of information system resources. The results are significant for ensuring consistent legal qualification and for clarifying the limits of criminal law protection of property and information relations.

Theft of other people's property occupies a leading place among the crimes committed, thereby violating the constitutional provision on the inviolability of property. An analysis of the provisions of the criminal law and the governing regulations of the Supreme Court of the Republic of Kazakhstan regarding countering criminal offenses against property allows us to conclude that there is insufficient criminal law response to the commission of embezzlement. The author identifies two main problems of a criminal-legal nature about the problems of qualification of embezzlement and their fair punishability.

The article outlines problematic approaches to some issues of criminal law countering embezzlement, draws conclusions and makes suggestions for further improvement of criminal law norms providing for liability for certain forms of embezzlement, and suggests further ways to reform the criminal law of the Republic and certain provisions of the governing regulatory decree of the Supreme Court of the Republic of Kazakhstan on competition of criminal law norms. 

The development of next-generation high-speed wireless technologies contributes to the rise of cybercrime and poses a threat to state security and citizens' rights. In response, on November 5, 2024, the Department for Combating Cybercrime was established within the structure of the Ministry of Internal Affairs of the Republic of Kazakhstan. However, there is still no comprehensive strategic program in the country aimed at countering cyber threats. This results in procedural limitations during international investigations and hinders the full implementation of the provisions of the Criminal Procedure Code. This issue becomes particularly relevant when cybercrimes originate from the jurisdiction of foreign states. Based on the findings of this research, the following proposals have been developed to strengthen cybersecurity: 1) adoption of a national law “On Cybersecurity”; 2) establishment of an international organization to combat cybercrime; 3) Cyber threats posed by certain states necessitate the conclusion of international agreements on cooperation in the field of cybersecurity.

According to paragraph 1 of Article 560 of the Criminal Procedure Code of the Republic of Kazakhstan, “a request for legal and other assistance shall be made in accordance with the requirements of the relevant international treaty of the Republic of Kazakhstan”.

In other words, considering that potential cybercrimes can be committed from any point in the world, it becomes evident that all the measures proposed in the article are of paramount importance.

In accordance with the Strategic Development Plan of Kazakhstan, approved by the President of the Republic of Kazakhstan, law enforcement and judicial authorities have been tasked with ensuring a gradual transition of criminal cases to electronic format. Here, digitalization opens up new prospects for the development of criminal procedural legislation.

The transition to digital format for criminal proceedings contributes to saving financial resources, accelerates investigation timelines, reduces risks of falsification, and increases transparency in the process. The implementation of artificial intelligence at the stage of pre-trial investigation will help predict possible scenarios for crime development, reduce time spent on routine tasks, and focus on more complex aspects of investigations. The use of digital tools minimizes human errors. With a high degree of probability, we are inclined to believe that in the near future there will be a process of testing other investigative actions in a remote format.

The article analyzes the implementation of digital technologies in the pre-trial investigation process in the Republic of Kazakhstan. It covers various aspects, including the advantages and disadvantages of using remote investigative actions, as well as the role of artificial intelligence.

The article discusses some directions for optimizing criminal proceedings, identifies a number of problems, and proposes possible solutions.

The article is devoted to the analysis of such a criminal procedure institution as a jury trial in Kazakhstan. In this article, the authors focused on considering the theory and practice of appellate proceedings for jury verdicts. Thus, the author's experience of participation in criminal trials with the participation of jurors shows that there are still problems that require a solution.

The analysis of two real cases of criminal proceedings was used by the authors to formulate recommendations to avoid deliberate delay in proceedings by the public prosecution authorities.

The authors make four specific proposals affecting the general wording of article 662 of the Code of Criminal Procedure, specifying the content of subparagraph 5) of paragraph 2 of article 662 of the Code of Criminal Procedure, additions to part three of article 657 of the Code of Administrative Offenses and, in general, establishing the personal responsibility of the presiding judge for violations committed during the trial.

The article is devoted to the study of the investigative situation as an important element of the forensic characterization of the crime and its significance for structuring the pre-trial investigation, in particular, in the investigation of aircraft accidents.

The work analyzed the existing scientific approaches to determining the investigative situation, substantiated the author's understanding of it as a dynamic system of objective contradictions that determine the choice of tactics and algorithms of investigative actions.

It is noted that the typing of investigative situations (for example, crew errors, aircraft failures, disruptions in the operation of ground services and the impact of external factors) makes it possible to create adaptive and effective investigation schemes that contribute to the comprehensive identification and proof of the circumstances of the case.

The study revealed the need to improve personnel policy, apply an interdisciplinary approach, integrate specialists from various fields and constantly adjust investigative tactics in the context of the dynamic development of the investigative situation.

The article examines the role of parallel financial investigations in detecting and proving bribery in the field of public services under conditions of increasing complexity of financial schemes and growing latency of corruption practices. It is substantiated that contemporary corruption in this sector is characterized by a multilayered financial architecture, the involvement of intermediaries and affiliated persons, and the masking of illegal remuneration as lawful business transactions, which significantly reduces the effectiveness of traditional procedural approaches. Based on the analysis of pre-trial investigation materials and law enforcement practice, typical schemes of obtaining illegal benefits in the provision of public services, including in specialized public service centers, are identified and their systemic and repetitive nature is demonstrated. The article formulates proposals aimed at improving investigative tactics, institutionalizing the “follow the money” principle and integrating parallel financial investigations into the national anti-corruption framework.

The article examines the transformation of the principle of comprehensive, full, and objective examination of case circumstances in the context of the strengthening of adversarial criminal proceedings in the Republic of Kazakhstan. The study analyzes normative contradictions between Articles 23, 24, and 380 of the Criminal Procedure Code concerning the limits of judicial initiative and the distribution of evidentiary responsibilities. It is argued that the formal preservation of this principle alongside the court’s refusal to actively establish the truth results in internal inconsistency and weakens guarantees of a fair trial. A comparative legal analysis of the criminal procedure legislation of CIS countries reveals a trend toward abandoning the principle of truth-establishment or redefining its content. The article concludes that maintaining this principle in the Criminal Procedure Code of Kazakhstan remains justified, provided that its conceptual framework is revised. A new version of Article 24 is proposed, aimed at balancing adversarial procedure with fairness in criminal justice.

The article examines the theoretical status of operational-search activity, which remains a subject of scientific debate. The purpose of the study is to analyze its legal nature and substantiate its status as an independent branch of law. Based on a formal legal analysis, the duality enshrined in the Law of the Republic of Kazakhstan “On Operational-Search Activity” and the institute of covert investigative actions is examined. The main scientific positions are considered – from recognizing it as a sub-branch of criminal procedure to asserting its independent branch status.

The authors argue for the necessity of distinguishing operational-search law as an independent branch, relying on its specific subject, complex method, and the practical challenges of digitalization. Six key functions of the theory are identified: doctrinal-regulatory, methodological, integrative, prognostic, protective, and institutionaldevelopmental. It is concluded that the branch-based formalization of operational-search activity is necessary to strengthen legality, increase the effectiveness of the fight against crime, and develop legal science.

The article highlights some problems with the theoretical, legal, tactical, and methodological support for prosecutorial inspections outside the criminal law sphere. Based on a comparative legal analysis of the supervisory activities of the prosecutor's offices of the Russian Federation and the Republic of Kazakhstan, and literature published in open sources, the similarities and peculiarities of legislation have been identified, including existing problems in law enforcement practice, including issues of theoretical and applied research on the fundamentals of the tactics of the prosecutor's office's supervisory activities, affecting the quality of prosecutorial inspections. The authors emphasize the need to adopt a situational approach to the organization and conduct of inspections, drawing on scientific knowledge from various industries and accounting for modern realities. The article may be helpful for further developments in the theory and practice of supervisory activities in both academic and law enforcement environments.

The article analyzes the characteristics of hybrid wars as a new form of armed conflict in the 21st century, combining military, political, economic, cyber, and informational methods of influence. Special attention is given to the role of mixed armed groups that include both regular and irregular components, as well as the issue of their legal status within the framework of international humanitarian law (IHL). The study examines the provisions of the 1949 Geneva Conventions, the 1977 Additional Protocols, and the practice of international tribunals, including the Tadić case (1995), with respect to the criteria of intensity and organization of a conflict. Particular attention is paid to the applicability of IHL principles to cyber operations in light of the Tallinn Manual on the International Law Applicable to Cyber Warfare (2013). The article emphasizes that the hybrid nature of conflicts does not exempt parties from complying with humanitarian norms.

The article examines contemporary migration control systems as a key instrument for ensuring national and international security in the context of growing transboundary threats, including international terrorism, irregular migration, and organized crime. Particular attention is paid to the role of biometric technologies in personal identification, automation of border control procedures, and prevention of the use of fraudulent documents. The experience of the United States, the European Union, and the countries of the Middle East and Central Asia is analyzed, revealing differences in regulatory models, levels of centralization, and the balance between security measures and the protection of human rights. It is demonstrated that the U.S. model prioritizes national security, the European Union emphasizes a balance between security and individual rights, while a number of Middle Eastern and Central Asian states adopt an approach of enhanced state control. Special focus is placed on the prospects for improving Kazakhstan’s migration policy through the integration of advanced technologies and legal safeguards. The article concludes that the effectiveness of biometric systems directly depends on the institutional maturity of the state, the level of personal data protection, and public trust in governmental institutions.

The article examines the legal nature and practical application of bail in extradition proceedings under Article 589-1 of the Criminal Procedure Code of Kazakhstan. It is demonstrated that extradition detention operates within a specific legal regime shaped by international cooperation obligations, heightened flight risks and the absence of domestic criminal adjudication. Through doctrinal analysis of national procedural law and functional assessment of prosecutorial and judicial powers, the institutional limitations of extradition bail are revealed. Particular attention is paid to prosecutorial gatekeeping, the conditional scope of judicial discretion and the mandatory termination of bail following the final extradition decision. Comparative analysis of extradition practice in the United Kingdom, the United States and Germany illustrates alternative regulatory models, including continuous judicial supervision and non-custodial approaches. The article concludes that extradition bail in Kazakhstan primarily functions as a temporary securing measure and does not constitute a genuine alternative to extradition detention.