THEORY AND HISTORY OF STATE AND LAW
Kazakhstan is taking a new step in its development. Fundamental changes have taken place in all spheres of public life. Everyone knows that the Republic of Kazakhstan in the Constitution proclaimed itself a legal state. Every citizen in the rule of law must have a legal culture.
The proposed article highlights the importance of legal education in raising the legal awareness of society. The main goal of legal education is the formation of respect for the law and the ability to actively use it in life practice. Legal education is closely related to legal education. Legal education begins first in secondary general education schools, then continues in specialized secondary and higher educational institutions. The low level of legal literacy hinders the development of the state and affects the growth of crime in society.
The article raises the problems of legal education in the modern period. As a result of the study, it is concluded that the formation and development of mass consciousness, including legal consciousness, should become one of the main values in the country.
CONSTITUTIONAL AND ADMINISTRATIVE LAW
The article analyzes the changes of local self-government in socio-political, legal, social terms from Kazakhstan's independence to the present day. The regulatory framework has been studied, foreign experience has been reviewed, statistical data have been provided and appropriate recommendations have been given.
The aim of the work is to consolidate qualitative approaches to improving the basic principles and approaches of local self-government in Kazakhstan. At the same time, it was proved that the lack of a system of functions and assignments among representatives of local self-government bodies is an urgent problem for Kazakhstan at the current stage of its development.
The authors suggest ways to solve these problems. It is established that the development of the local selfgovernment system will make it possible to meet the interests and needs of the population more efficiently and promptly and promptly, which will undoubtedly positively impact Kazakhstan's socioeconomic status.
LABOR LAW AND ENFORCEMENT PROCEEDINGS
In this article, the author examines the problematic issues of the implementation of judicial acts in criminal cases. The analysis of statistical data indicates that there is a serious problem in the work of bailiffs and courts to recover sums to the state's income in criminal cases. Thus, according to statistical data for the period from 2016 to the 1st half of 2022, only 24,1 billion tenge was actually executed out of 1 trillion 357 billion tenge, which is 1,7%.
Author concluded that one of the main reasons for this situation is the imperfection of legal norms. For example, the current legislation does not define a recoverer for this category of enforcement proceedings. In this regard, the issues of collecting amounts to the state's income in criminal cases remain without control from the recoverer, as a result of which the budget does not receive large amounts that, according to the judicial acts that have entered into force, must be collected to the state income.
For the effective execution of judicial decisions in criminal cases, the author proposes to initiate amendments and additions to the legislation.
The attractiveness of using atypical forms of organization of labor relations in the modern world leads to the legalization of these institutions in law. One of these institutions is the organization of labor relations through outstaffing (agency labor). In the legislation of Kazakhstan, outstaffing relations are fixed through civil law in the form of a contract for the provision of services for the provision of personnel, as well as labor law when concluding an employment agreement. The complexity and diversified approaches to the regulation of these relations lead to difficulties in implementing outstaffing in practice. The issue of primary importance in the framework of the use of this legal structure is the determination of the totality of legal facts of the emergence of legal relations for the provision of personnel. Analysis of the actual composition of the emergence of legal relations in the field of provision of services for the provision of personnel is the purpose of this article. Within the framework of the scientific article, the legal facts-actions that are necessary for the use of outstaffing are investigated, also, based on the analysis of the norms of labor and civil legislation, some problems of application and possible ways to overcome them through contractual mechanisms are considered when concluding an agreement on the performance of services for the provision of personnel.
The results of scientific researches received during the scientific and technical program on a theme: «Economic Problems of Safe Labor and Institutional Transformations of the Insurance Mechanism in the Republic of Kazakhstan» (IRN BR11965728) within the limits of program target financing of researches of the Republican research institute for occupational safety and health under MLSPP of the Republic of Kazakhstan have been presented in the given article. In this article being investigated some questions about investigation of accidents on the workplace. Authors of this article analyzed a real civil case about investigation of accidents on the workplace. This case showed us how working the law on practice, and how worker who disagree with special Commission decision can appeal against the decision by the court.
Namely, what problem does an employee who has suffered an injury at work face, how can he solve the problem, and whether the algorithm for investigating an accident at work is correctly formed.
CRIMINAL LAW AND CRIMINOLOGY, PENAL LAW
The main value of civil society is humane human relations, the establishment of legal guarantees for the observance and protection of the rights and interests of the individual, as well as counteractions with various forms of criminal behavior directed against the rights and freedoms of man and citizen.
Criminal events related to trafficking in people are a global challenge for the civilized world and must be considered through the prism of complex marriage, family, labor and other legal relations. A proper understanding of the legal framework and qualification of the composition of the criminal offense for trafficking in persons will not only ensure the proper protection of human rights and freedoms, but will also contribute to the improvement of investigative and judicial practice in the categories of criminal cases.
In this article, the authors consider problematic issues of qualification of acts related to trafficking in persons in criminal law, impeding the implementation of criminal prosecution and prosecution of persons who have committed an unlawful act. In addition, he revealed the issues of application of legislation on bringing to justice for crimes of human trafficking. It is proposed to supplement the disposition of the norm of the Criminal Code of the Republic of Kazakhstan on human trafficking with a new transplant term in medicine for transplantation of human tissues and organs.
The article is devoted to the study of the problems of criminal law and criminological features of ecocide under the criminal law of the Russian Federation. Foreign and international experience of legal regulation of criminal liability for ecocide is used. The historical path and the current state of legal regulation of responsibility for ecocide are investigated. Topical issues of designing elements of the ecocide crime have been studied, shortcomings and gaps in the legal regulation of the object and the objective side of the crime have been identified, the subject and the subjective side of the crime have also been critically examined. The subject of the crime and the ways of its commission are considered in detail. The necessity of qualifying signs of this corpus delicti is considered. The sanctions of this corpus delicti under the legislation of some countries have been studied, and amendments to the current version of the rule of law have been reasonably proposed.
The results of the scientific research were concrete proposals aimed at improving the criminal law, as well as expanding scientific knowledge on the subject under study. The author's version of Article 358 of the Criminal Code of the Russian Federation «Ecocide» is proposed. Definitions of «mass destruction» and «ecological catastrophe» have been developed. The conclusions about the need to unify these concepts in the criminal legislation of different countries, as well as in international law, are substantiated. The author also touched upon the criminological characteristics of ecocide. The author also invites all those who are interested in this topic to a scientific discussion on the studied problems.
Cybercrimes can be committed by criminals anywhere in the world where there is an Internet connection. The negative consequences of cybercrime can be felt outside the country where the criminal lives. The transnational nature of this crime challenges traditional notions of jurisdiction and requires cooperation between criminal justice officials worldwide. The necessity and validity of collaboration within the framework of international organizations are due to the global spread of this type of crime. International cooperation in cybersecurity should be systematic, holistic and consistent. Despite these and other successful joint efforts of the countries, there are currently obstacles standing in the way of international cooperation in the fight against cybercrime. This article discusses the concepts of sovereignty and jurisdiction concerning cybercrime, mechanisms of international cooperation, and problems related to the implementation of international collaboration.
CRIMINAL PROCEDURE, CRIMINALISTICS, FORENSIC EXPERTISE
The question of the correlation between the norms of the Constitution and criminal procedural legislation aimed at releasing persons from criminal liability and punishment at the pre-trial stage of the criminal process is relevant.
In Kazakhstan, in accordance with paragraph 1) paragraph 3 of Article 77 of the Constitution, a person is considered innocent until his guilt is recognized by a court verdict that has entered into force.
However, the criminal procedure legislation (Articles 35, 36 of the Criminal Procedure Code of the Republic of Kazakhstan) regulates in general the institution of pre-trial termination of a criminal case (Circumstances precluding the proceedings and allowing not to carry out criminal prosecution), which contradicts the previous constitutional norm.
Taking into account the provisions of the current legislation, as well as judicial-investigative and law enforcement practice, the authors put forward a number of scientific positions on the possibility of excluding the institution of termination of a criminal case (criminal prosecution) on non-rehabilitating grounds at the pre-trial stage of the process.
The article highlights the issues of conducting interrogation of military servants of compulsory service related to their special status and the increased likelihood of exposure to them by the military team.
Based on the analysis of materials of judicial and investigative practice, criminal procedural legislation, legal literature, legislation in the field of military service and state protection of persons participating in criminal proceedings, the problematic issues and difficulties in applying criminal procedural norms during the interrogation of conscripts were considered. An algorithm for the use of tactics during the interrogation of military servants of compulsory service who are suspects, witnesses and victims have been proposed, recommendations have been made on the organizational and preparatory measures for interrogation, the choice of methods and place of its production. In order to ensure the effectiveness of the interrogation of military personnel, separate proposals were made to improve the criminal procedure legislation of the Republic of Kazakhstan.
The article discusses the structure of the forensic methodology of pre-trial investigation of criminal offenses committed at space orbital stations. An attempt is being made to develop the structure of a forensic methodology for the pre-trial investigation of a criminal offense committed on a space orbital station. The structure of the private methodology of pre-trial investigation of criminal offenses may include such elements as legal and other branches of knowledge that form the sources of formation of the private methodology of pre-trial investigation of criminal offenses committed on the space orbital station; criminalistic characteristics or mental model of the committed criminal offense; typical investigative situations and circumstances to be proved; the content of the stages of pre-trial investigation of this type criminal offenses; criminalistic prevention of this type of criminal offense. In the formation of a private methodology of pre-trial investigation of criminal offenses committed on board of space orbital station one can take into account and use previously accumulated experience of theory and practice of preliminary investigation of grave and especially grave crimes, achievements in the field of space law and space security.
THE ACTIVITIES OF LAW ENFORCEMENT AND OTHER GOVERNMENT AGENCIES
The article deals with organizational and personnel aspects of the prevention of torture based on the analysis of legal acts regulating the process of selection and placement of personnel in the law enforcement service.
One of the urgent problems in the prevention of torture is the problem of the illegal aggressive behavior of employees.
According to the author, it is necessary at all stages of service to identify and prevent negative aggressive behavior among candidates for service and active law enforcement officers, which in the future may affect the commission of torture against citizens.
The author focuses on the need to counteract torture by predicting a high risk of aggression and identifying a tendency to illegal actions in positions with high psycho-emotional and physiological loads.
The article suggests specific measures to prevent and prevent the commission of torture in the law enforcement service.
INTERNATIONAL LAW AND COMPARATIVE LAW
In this article, the author examines the international experience of activity of organizations protecting business. The analysis of international legal acts in the field of protection of the rights of entrepreneurs has shown that the main vector of their direction is focused on creating favorable conditions for the development of entrepreneurial activity and expanding the boundaries of international cooperation between specialized organizations and associations for business protection. Organizations for the protection of the rights of entrepreneurs are represented in almost all major associations, such as the UN, the Council of Europe, the European Union, the OECD, and the EAEU, whose activity is to develop appropriate recommendations for the elimination of certain problems in the field of business protection and human rights in a particular country. At the same time, the universal and leading international organizations for the protection of the rights of business entities are the Office of the United Nations High Commissioner for Human Rights and the Human Rights Council. The author also studied the experience of the functioning of business ombudsmen. Based on the experience of the USA and Georgia, recommendations have been developed to improve the activities of the Business Ombudsman of Kazakhstan.
ISSN 3079-4609 (Online)

