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Bulletin of the Law Enforcement Academy

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No 3(33) (2024)
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CONSTITUTIONAL AND ADMINISTRATIVE LAW

8-16 109
Abstract

In the article, the author touches upon the problem of bullying and aggressive behavior of adolescents in educational institutions. The urgency of the problem of adolescent violence in modern society is emphasized. It is noted that children who have been bullied receive severe psychological trauma. The theoretical aspects of bullying in the adolescent environment are outlined and the features of adolescence as the most vulnerable to bullying are highlighted. In the presented article, bullying is considered as a phenomenon of aggressive behavior in adolescence. The factors of bullying in the adolescent environment have been identified and effective preventive measures to combat this phenomenon have been identified, which will help maintain and strengthen a healthy climate not only in school, but also in society as a whole, as well as prevent various psychological problems, including bullying.

17-26 95
Abstract

This publication analyzes the administrative and tort legislation of the Russian Federation, the Republic of Kazakhstan, the Kyrgyz Republic, the Republic of Tajikistan and other countries of the Commonwealth of Independent States in force as of 2024 in the field of proper road safety. In particular, the issues of the application of administrative responsibility for the illegal use of mobile phones or radio stations while driving a vehicle are considered.

The analysis showed gaps in the legislative structure of Article 591 “The use of a telephone or radio station by a driver while driving a vehicle” of the Code of the Republic of Kazakhstan “On Administrative Infractions”.

The authors substantiate the need to make adjustments to the content of this article and, in particular, exclude from the Code of the Republic of Kazakhstan “On Administrative Infractions” the possibility of bringing to responsibility for the need to use a cell phone or radio station while driving law enforcement officers, special agencies and other rapid response vehicles.

In addition, in order to improve the administrative and tort legislation of the Republic of Kazakhstan, novelties based on the experience of legislative regulation of road safety in the countries of the Commonwealth of Independent States are proposed, some of which will be useful for individual countries of the Commonwealth.

27-35 99
Abstract

The author notes that there is no consensus in the scientific community about the composition of the elements of competence. The article examines the opinions of the authors of different historical periods. At the same time, many modern scientists are of the opinion that there are two main elements of competence (jurisdictions and powers). The article discusses the concepts of jurisdictions and powers. The subject of the study is scientific ideas about the elements of the competence of the head of state, the concepts of jurisdictions and powers. The objectives of the work are to identify problems in the conceptual apparatus (competence, jurisdictions and powers) and to develop proposals for their solution. In conclusion, a critical assessment of the definition of the concept of powers through rights and obligations is given, recommendations on the definition of authority are given.

LABOR LAW, ENFORCEMENT PROCEEDINGS AND SOCIAL PROTECTION ISSUES

36-46 95
Abstract

The relevance of the research is connected with the transformations in the field of legislation caused by the transition to labor relations digitalization and the emergence of a new form of labor organization – platform employment.

The author attempts to conduct a critical analysis of the mechanisms of legal regulation of labor relations and develop appropriate recommendations. This approach made it possible to predict the possible risks of the consequences of the unlimited freedom of the employer, leading to infringement of the employee's rights and the worst working conditions within the framework of digital platforms.

The article provides a comparative analysis of Article 102 of the Social Code and Article 146-1 of the Labor Code, which resulted in evidence of the existing conflict of these legal norms and the ambiguity of the legal status of employees of digital platforms.

Based on a detailed analysis of Articles 146-1 of the Labor Code, a conclusion is formulated about the instability of platform employment, which creates conditions for the infringement of social and labor rights of employees and the deprivation of their social guarantees.

Within the framework of the study, reasonable conclusions are drawn about the expediency of making amendments and additions to paragraph 4 of Article 102 of the Social Code and Article 146-1 of the Labor Code. 

CIVIL AND CIVIL PROCEDURE LAW

47-56 93
Abstract

Women often become particularly vulnerable socially and economically, the main causes are domestic violence, relatively low wages comparing men, underrepresentation of women in many sectors of the Kazakh economy, etc. Unlike a classic business, a social enterprise gives women the opportunity to become financially independent, as it allows them to combine their vulnerability with entrepreneurial activity. The main purpose of this study is to identify the main state-legal means of expanding the economic rights of socially vulnerable women in Kazakhstan through the tool of social entrepreneurship. The article uses approaches of qualitative content analysis, with an assessment of women's participation in social entrepreneurship, to resolve the gap between the approaches of Kazakhstan and certain developed countries. The conclusions of this document show that the legal regulation of social entrepreneurship in the Republic of Kazakhstan does not contribute to the active participation of women in it, compared with developed countries. As a result, legal mechanisms have been proposed to stimulate the involvement of women in social entrepreneurship in Kazakhstan, which will allow them to become financially independent.

CRIMINAL LAW AND CRIMINOLOGY, PENAL LAW

57-66 93
Abstract

The article discusses issues of law application and sentencing for the legalization (laundering) of money or other property obtained by criminal means. Combating the laundering of criminal money (property) is the most relevant and important area in preventing the shadow economy and preventing corruption. The author analyzed domestic legislation and investigative and judicial practice in cases of this category. Having studied law enforcement practice and the works of legal scholars, it was concluded that a hierarchical conflict had arisen. At the same time, a comparative legal analysis of foreign legislation indicates some inaccuracies in determining punishment under Article 218 of the Criminal Code of the Republic of Kazakhstan. The author, in his work, came to the conclusion that it is necessary to collect sufficient evidence during pre-trial investigations in cases of this category. Also, in order to impose a fair punishment, he proposes to consider the possibility of making additions in the form of a qualified feature and the corresponding type of punishment for the composition under consideration. 

67-78 151
Abstract

Institutions of the penal correction system are the most complex objects in the national system of countering extremism. There is a fusion of the criminal subculture, or rather its particular case – the prison subculture – with the subculture of the radical community.

On the one hand, penal institutions ensure the safety of society by isolating extremists, but on the other hand, conditions can be created here for all types of extremist activities: the spread of radical ideology, the creation of groups, recruitment, etc.

Therefore, the activities of penal institutions in the context of countering religious extremism remain very relevant. A special place in it is occupied by the forms and methods of theological re-socialization of those convicted of extremist and terrorist crimes.

An important and effective component in this work is the discrediting of destructive ideas and the promotion of traditional spiritual values. At the same time, it is necessary to understand that theological rehabilitation alone, as a form of ideological opposition, will not give the desired effect if it is not considered as an element of complex re-socialization.

Issues of cultural, historical, political, and patriotic development, recognized to form national identity and tolerance, should become an integral part of the ideological counteraction.

79-89 99
Abstract

In the current conditions of universal digitalization, further development of technical and forensic support of the detention of convicts is seen through the use of the latest information technologies, the whole complex of which will make it possible to implement the concept of “smart” facilities of the penal system as a result. The article formulates practical recommendations that fit into the general concept of creating a “smart” minimum security institution. Also presented are the results of a survey conducted by the author among the employees of the penal system, probation service, police department, prosecutor's office, anti-corruption service and economic investigation service on the topic of technical support for the detention of convicts in penal institutions, which confirmed, in general, the general readiness for technical legislative and technical changes in the work of correctional institutions. Undoubtedly, all this will require large financial outlays and thorough legislative elaboration, but this is why further study and scientific substantiation of the feasibility of taking certain decisions, taking into account all potential benefits and possible risks, is required.

CRIMINAL PROCEDURE, CRIMINALISTICS, FORENSIC EXPERTISE

90-100 113
Abstract

Today, integrated by information technology and the digitalization of society, is in dire need of regulatory regulation of domestic legal proceedings. One of the new directions of criminal proceedings related to the use of technology is remote investigative actions. This innovation of criminal proceedings in Kazakhstan is used only during «-distance interrogation» (art. 213 CPC).

In the article, the authors tried to combine both the theoretical aspects of conducting investigative actions remotely, and their problems in practical implementation, as well as the prospects for the future. The opinions of process scientists on the effectiveness of using video conferencing systems in criminal proceedings are presented. The need to normatively consolidate the format of the results of such investigative actions was especially noted, in order to ensure uniformity of criminal proceedings. Amendments to Art. 7 and new edition of Art. 213 CPC.

The authors analyzed the provisions of the use of video conferencing in legal proceedings in different countries.

Based on the study, it was concluded that the use of video conferencing in procedural actions will only help increase the efficiency of pre-trial investigations in criminal cases.

101-108 111
Abstract

The principle of legality takes one of the most important places among other principles of criminal proceedings. One of the driving forces of the fourth industrial revolution, which, among other things, will determine the direction of development of the criminal legal system, will be artificial intelligence. The article describes theoretical foundations of of the principle of legality in criminal proceedings and the results of a study on the use of artificial intelligence in the field of ensuring the principle of legality in criminal proceedings. Understanding the broad scope of artificial intelligence in policing is essential for appreciating the legal restrictions imposed on AIbased law enforcement. Due to the lack of sufficient sources in modern scientific literature devoted to the complex use of AI to ensure the principle of legality as a whole, we conducted a SWOT analysis, which showed that these technologies have a number of advantages and opportunities in terms of efficiency and accuracy.

ENVIRONMENTAL LAW

109-117 88
Abstract

The article is devoted to implementing norms on the prevention of transboundary environmental harm in the legislation of the Republic of Kazakhstan. The article aims to demonstrate that the provisions of international environmental law concerning the prevention of transboundary environmental damage do not contradict each other and are sufficiently implemented in the national legislation of the Republic of Kazakhstan. Using international transboundary conventions as examples, the authors demonstrate how these conventions are implemented in Kazakhstan’s national legislation. The scientific and practical significance of the article lies in the authors' proposal to apply the concept of state responsibility to address transboundary harm issues if Kazakhstan’s neighboring states fail to fulfill their obligations to prevent transboundary damage.

The authors explain the concept and methods of implementing international legal norms. The main focus of the study was on the analysis of international acts concerning the prevention of transboundary harm. The study also examined examples of legal regulation of similar issues in other countries, which allowed for conclusions to be drawn about possible ways to improve Kazakhstan’s legislation.

118-126 95
Abstract

This article presents a comprehensive analysis of the concept and nature of environmental criminal offences, alongside the challenges associated with their classification and the maintenance of environmental law and order. As the significance of environmental protection continues to grow and law enforcement practices become more stringent, the need for a precise definition of environmental crimes has become increasingly critical.

The study explores different approaches to defining environmental criminal offences, identifies key issues encountered during their classification, and proposes potential solutions.

The authors thoroughly examine existing environmental and criminal legislation, and international legal frameworks governing environmental safety, and analyze their application within the judicial system. Particular emphasis is placed on differentiating environmental offences from other crimes involving environmental standards, and, on the difficulties, encountered in classifying such offences.

INTERNATIONAL LAW AND COMPARATIVE LAW

127-136 103
Abstract

The article analyzes the crimes related to sexual violence and their results by the International Criminal Tribunals for the former Yugoslavia of 1993 and Rwanda of 1994. For the first time in the history of international justice, rape was recognized as a crime against humanity in the work of the tribunal of the former Yugoslavia. This allowed the tribunal, during the investigation of the terrorist attack in Rwanda, to claim that it was a genocidal rape due to the mass rape of women and girls by the Tutsi tribes. The most serious crimes were committed according to a plan prepared in advance by the highest authorities of the state. According to the results of the study, the scale of crimes confirmed that rape in Rwanda was a weapon to destroy groups of people on national grounds. The results of the study led to the fact that war criminals were accused of carrying out the planned genocide.



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