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Bulletin of the Law Enforcement Academy

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No 3 (37) (2025)
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THEORY AND HISTORY OF STATE AND LAW

8-16 86
Abstract

The article attempts to scientifically comprehend artificial intelligence as one of the important factors and conditions of competitiveness of states in the XXI century. The article substantiates the thesis that the rivalry in this area differs from other types and forms of technological dominance, which lies in the special nature of this technology and different attitude to it on the part of public policy subjects of different countries. In particular, a number of features of this technology that distinguish it from previous ones – universality, technological dynamism, ability to self-learning and exponential development – are noted. The interrelation of “smart technologies” with economic development and transformation of social relations is analysed. Arguments are given about the strengthening of the role of artificial intelligence in the military sphere, national and global security.

17-24 85
Abstract

The article analyzes the theoretical foundations and modern problems of the formation of the legal culture of citizens of the Republic of Kazakhstan. The authors reveal the concept of legal culture as the most important component of the legal system, which determines the level of legal awareness, law-abiding behavior and the degree of realization of individual rights and freedoms in society. Various scientific approaches to the definition of legal culture, its structure, functions and interrelation with legal consciousness are considered. Special attention is paid to the influence of the level of legal culture on the effectiveness of law enforcement practice and the quality of legislation. The main problems hindering the development of legal culture in Kazakhstan have been identified, including the lack of legal education, the lack of a common understanding of the concept of «legal culture» and insufficient work on the formation of legal immunity among young people. The article suggests directions for improving the system of legal education, increasing the legal literacy of the population, as well as legislative consolidation of the content of legal culture. The conclusion is made about the need for an integrated approach to the development of legal culture as a condition for the successful modernization of the national legal system and the strengthening of the rule of law.

CONSTITUTIONAL AND ADMINISTRATIVE LAW

25-34 134
Abstract

Amid the transformation of the global digital order and the growing influence of transnational platforms, traditional understandings of state sovereignty are undergoing significant reconsideration. This article examines digital sovereignty as an emerging legal category situated at the intersection of state jurisdiction and private platform power. The authors propose a differentiated framework in which digital sovereignty is analyzed through three domains of legal regulation: territorial, network, and algorithmic. The article explores legal models developed in the European Union, the United States, and selected countries of the Global South, including India, Brazil, Kazakhstan, and Malaysia, which illustrate diverse approaches to building normative autonomy and exercising control over digital flows. The paper argues for the need to reconceptualize sovereignty as a flexible and functional legal construct aimed at ensuring regulatory accountability of digital actors, algorithmic transparency, and the advancement of co-regulation mechanisms. Finally, it outlines directions for the regulatory structuring of digital sovereignty in the context of a fragmented normative landscape and increasing tensions between governmental authority and corporate influence.

35-44 96
Abstract

This article presents the results of a study of the legislation and law enforcement practice of deporting migrants from Kazakhstan, taking into account international human rights standards and the practice of foreign states. Particular emphasis in the work is focused on the problem of combating human trafficking, which is associated with the issue of deporting migrants. The author provides an analysis of legal statistics on the use of expulsion as a criminal punishment, administrative deportation as an administrative penalty, and deportation based on applications from internal affairs agencies in accordance with civil procedural legislation, as well as analysis of regulatory legal acts governing the relevant types of expulsion for compliance with the international obligations of the Republic of Kazakhstan. The article substantiates the need to improve the system of expulsion of migrants. In particular, it is necessary to introduce a special test for the presence of signs of human trafficking in the procedures for considering cases of expulsion, remove barriers to migrants appealing judicial decisions on expulsion, and also detail the explanation of judicial practice.

CIVIL AND CIVIL PROCEDURE LAW

45-55 88
Abstract

The article examines the problems of conciliation procedures applied in the sphere of civil law. The relevance of the topic of this article is caused by insufficient regulation of the sphere of conciliation procedures and existing gaps and contradictions in the legislation of the Republic of Kazakhstan, as well as the associated lack of a clear understanding of the mechanism for implementing conciliation procedures.
The authors determined that insufficiently complete and incorrect legislative regulation of conciliation procedures creates the basis for their incorrect application, and also contributes to the formation of a distorted idea of conciliation procedures in society, based on the lack of trust in these mechanisms.
The article contains an analysis of conciliation procedures taking into account the systems approach, presented in a comparative table, along with statistical data and proposals for the development of conceptual foundations for their new model, taking into account foreign experience.

CRIMINAL LAW AND CRIMINOLOGY, PENAL LAW

56-64 116
Abstract

The purpose of the scientific article is to reveal the transnational nature of corruption crime. The dynamics of corruption crime in the Republic of Kazakhstan was considered on the basis of the method of legal statistics, formal and logical methods of analyzing legislative norms, comparative legal methods of comparison with foreign legislation were used. As a result of the research, the Kazakh experience of the formation of the transnational nature of corruption is analyzed. Despite the fact that the current legislation of the Republic of Kazakhstan identifies the main signs of the transnational nature of corruption, the study revealed legislative imperfections in this area. The novelty of the article lies in the fact that a systematic approach has conducted a critical analysis of the practice of determining the transnational nature and countering corruption crimes, as well as the practice of its international legal regulation.

65-72 95
Abstract

The article analyzes problematic issues of criminal liability provided for the creation and leadership of a transnational criminal group, a transnational criminal organization, a transnational criminal community, as well as participation in them. The author reveals some aspects of the qualification of these acts in the light of national criminal law, focuses on gaps and conflicts, both in legal regulation and in practice, that hinder the effective fight against transnational organized crime. Special attention is paid to the issues of distinguishing the concepts of an organized group, a criminal organization and a criminal community in a transnational aspect based on an analysis of international legislation. The relevance of the topic is determined taking into account globalization and the growth of transnational criminal threats, with the development of recommendations for optimizing and improving criminal law measures and law enforcement practice.

73-81 94
Abstract

The article examines the features and scope of application of the institution of exemption from criminal liability in connection with reconciliation. The author draws attention to the problematic aspects of applying this legal institution to criminal offenses that constitute a formal offense and infringe upon two objects. In addition, the article analyzes the compliance of the requirements of criminal procedural and criminal legislation regarding the application of this institution. A review of its current legal status is conducted, and the works of Kazakhstani and foreign scholars justifying the application of this institution in cases of public prosecution are studied. Through a comparative analysis of national and foreign legislation, the goals of this institution and its compliance with the requirements of criminal law are examined.
Based on the research findings, amendments and additions to the Criminal Code of the Republic of Kazakhstan are proposed to ensure the achievement of the goals of criminal law when applying this institution.

82-89 105
Abstract

This article is devoted to the study of the scale and mechanisms of laundering crime proceeds using virtual currencies, primarily cryptocurrencies, in the context of rapid digitalization of the global economy and transformation of financial flows.
The paper provides a comprehensive analysis of the legal, technological and institutional risks arising from the use of cryptocurrencies in illegal activities, including schemes for legalization of funds derived from drug trafficking, cybercrime, extortion, sanctions circumvention and terrorist financing.
Special attention is paid to key features of virtual assets, such as decentralization, transaction pseudonymity and technical possibilities to conceal the origin of assets – through mixers, anonymous cryptocurrencies, DeFi protocols and NFT.
The role of analytical platforms in de-anonymizing suspicious transactions and the need for institutional training of investigators, prosecutors and analysts are emphasized. It is concluded that there is a need for a comprehensive transformation of approaches to financial monitoring, including legal updating, technical reequipment and international coordination of efforts. Recommendations are offered to establish national cryptotransaction analysis centers, strengthen cooperation with global regulators, certify blockchain experts, and standardize the procedural treatment of digital evidence.

90-97 92
Abstract

Based on the analysis of the emerging drug situation, the article examines the issues of preventing drug addiction among young people. The advanced foreign experience in the field of drug addiction prevention has been studied. It is noted that the currently available methods and approaches based solely on seminars, round tables, lectures, etc. do not give the desired effect. In this regard, it is proposed to introduce scientifically proven interactive forms of learning into school curricula (role-playing games, stories, challenges, trainings), as well as the use of digital platforms and information campaigns through social media resources. The use of these innovations will not only raise awareness about the dangers of drugs, but also really change the behavior of adolescents, as well as reduce the risks of their involvement in the drug environment.

98-105 111
Abstract

Modern technologies have inevitably led to an increase in the volume of data placed in the digital space, making open-source intelligence (OSINT) one of the most important and in-demand tools in internet analytics. The author explores the history of OSINT, tracing its evolution from the first attempts to utilize open sources to modern methods of automated data collection and analysis. In addition to contemporary methods of obtaining and processing data through OSINT, the study examines specific analytical tools for information search and analysis: Google Dorking, Maltego, and Shodan. Special attention is also given to the role of artificial intelligence and machine learning programs in the development of OSINT. The author concludes that the future of OSINT will be determined not only by technological progress but also by the need for regulatory measures to prevent misuse and ensure the protection of personal data.

106-115 89
Abstract

This article examines conditions of detention as an integral element of ensuring human rights, emphasizing the need for them to comply with international legal standards. The work presents a comprehensive analysis of violations in the penitentiary system of Kazakhstan, including the use of torture, cruel or degrading treatment, and identifies shortcomings in legal mechanisms for protection and the level of responsibility for unlawful actions. The following are proposed as specific measures to prevent torture: mandatory participation of a lawyer at the early stages of pre-trial proceedings, audio and video recording of interrogations, increased responsibility for torture and expansion of procedural guarantees.
The authors of the study emphasize the importance of improving legal norms, noting the need to create an independent monitoring institution and implement effective legal protection mechanisms. These measures play an important role in preventing violations and protecting the rights of detainees.

116-125 101
Abstract

The article examines the prospects for using artificial intelligence as a new tool used to identify and report corruption offenses. Modern international approaches to the protection of persons reporting corruption (whistleblowers) are analyzed. The main problems of existing legal mechanisms have been identified, including a high level of latency and insufficient effectiveness of legal and institutional protection. Special attention is paid to the possibilities of using artificial intelligence and digital technologies in detecting, predicting and preventing corruption, as well as in developing secure information transmission channels. Examples of successful practices of introducing artificial intelligence into anti-corruption activities (Brazil, Kenya) are given. It is concluded that a comprehensive strategy is needed, including improving legislation, developing digital infrastructure and ensuring transparency of algorithms, and related regulatory legal acts in order to normatively recognize artificial intelligence as a tool of the anti-corruption process.

126-135 115
Abstract

This article presents a comprehensive analysis of the dynamics of crimes against the sexual inviolability of minors in the Republic of Kazakhstan for the period from 2020 to 2024. Based on official statistics, judicial practice, and analysis of amendments to criminal legislation, the article examines the causes, structure, and characteristics of such crimes. Particular attention is given to the impact of legislative reforms on the crime rate, as well as the effectiveness of preventive and criminal law measures. The study addresses issues related to the criminological profiles of offenders, victimological analysis of affected minors, and risks associated with the digital environment and the spread of illicit content on the internet. The article evaluates Kazakhstan’s international obligations in the field of child protection and their implementation at the national level. The necessity of a systematic approach to prevention is substantiated, along with the implementation of effective rehabilitation programs, victim protection, and stricter criminal liability. The authors propose introducing a separate chapter in the Criminal Code dedicated to crimes against the sexual inviolability of minors and offer recommendations for improving legislation and law enforcement practices.

136-145 97
Abstract

This article explores the classification issues related to Article 218 of the Criminal Code of Kazakhstan, which concerns the legalization (laundering) of money and other assets obtained through criminal means. The study analyzes investigative and judicial practices, highlighting legal gaps and challenges in proving predicate offenses and intent. The author argues for treating investigations under Article 218 as a form of parallel financial investigation focused on identifying and recovering illicit assets. Practical examples are provided to demonstrate conflicts in the interpretation of property subject to laundering. International legal frameworks from the UK, US, France, Singapore, and Indonesia are reviewed. Recommendations are made to improve the national criminal legislation. The article is of interest to legal scholars, investigators, and practitioners dealing with anti-money laundering policy and asset recovery.

146-154 110
Abstract

The article examines the impact of gambling addiction as a significant factor in the escalation of domestic violence, with an emphasis on economic coercion. The article analyzes the forms of economic violence provoked by gambling addiction, including financial exploitation, restriction of access to material resources and coercion to debt obligations. The legal aspects of counteracting these phenomena are considered in the context of the legislation of the Republic of Kazakhstan, in particular the Law “On the Prevention of Domestic Violence”. It has been established that the current regulations do not contain clear mechanisms for preventing economic violence caused by gambling. In order to improve preventive measures, it is proposed to introduce legislative amendments aimed at limiting the participation in gambling of persons convicted of economic violence. Particular attention is paid to the role of law enforcement agencies in identifying and suppressing such violations. The proposed measures are aimed at reducing the socio-economic consequences of gambling addiction and protecting victims of domestic violence.

CRIMINAL PROCEDURE, CRIMINALISTICS, FORENSIC EXPERTISE

155-164 119
Abstract

This article explores the role of digital evidence and hash functions as essential instruments in combating informational extremism. It discusses the existing gaps and ambiguities in the legal definition of digital evidence within Kazakhstan’s legislative framework, as well as the absence of standardized protocols for their documentation, authentication, and preservation. The study emphasizes the urgent need to legally codify hash functions as a means to guarantee the integrity of digital traces and to mandate the involvement of IT professionals in the processing of such evidence. Through a comparative legal review of international practices, the article illustrates the presence of robust digital forensic systems that uphold the admissibility and credibility of electronic evidence in judicial proceedings abroad. The research substantiates the necessity for amendments to the Criminal Procedure Code and the Law “On Informatization” of the Republic of Kazakhstan, aiming to grant digital evidence formal legal status and ensure its harmonization with global norms. Ultimately, the article contends that implementing these reforms will significantly strengthen efforts to counter digital forms of extremism and help establish a resilient legal environment in the context of rapidly evolving cyberspace.

165-175 90
Abstract

The article examines the necessity of adopting a special law on private detective activity in the Republic of Kazakhstan. The relevance of the topic is due to the existing regulatory vacuum: Kazakhstan still lacks a law governing the field of private investigations, despite the fact that detective services are provided de facto. The article presents arguments both in favor of and against legislative regulation of private detective activity, analyzes foreign experience, and explores the potential impact of legalizing private investigations on human rights and criminal proceedings. The study employs comparative-legal, formal-legal, and analytical methods; it analyzes international academic publications, national regulatory acts, and draft legislation. Based on the results, the author concludes that the adoption of a law on private detective activity is a necessary step to eliminate the legal gap and ensure the protection of citizens' rights. However, it also requires careful consideration of potential risks and the inclusion of appropriate safeguards in the legislation.

FINANCIAL LAW

173-182 97
Abstract

The article examines issues related to the legal regulation of the circulation of digital assets in the Republic of Kazakhstan, including the circulation of cryptocurrencies and the operation of cryptocurrency exchanges in the country. It also provides a detailed analysis of the risks faced by crypto investors in the crypto industry market.
According to the authors, there are several pressing issues in the legal regulation of cryptocurrency circulation that require urgent solutions. Currently, there is an increase in legal violations related to illegal transactions with cryptocurrency by private individuals.
The aim of the scientific article is to provide an overview of the legislation regulating the circulation of digital assets in Kazakhstan, to assess the current situation, and to analyze the risks faced by crypto investors at the present stage of cryptocurrency market development.
As a result of the discussion on the problems of the domestic crypto market and in the concluding part of the article, the authors emphasize the need for legislative changes that meet current demands and propose specific recommendations. In their view, further expansion in the use of digital assets in the country will lead to a diversification of existing assets and, consequently, to the emergence of new legal and economic relations related to digital assets. Therefore, despite the presence of a legislative framework, it must be continuously improved to meet modern needs.

THE ACTIVITIES OF LAW ENFORCEMENT AND OTHER GOVERNMENT AGENCIES

183-193 99
Abstract

The article examines the introduction of electronic document management in the prosecutor's offices of the Kyrgyz Republic and provides a comparative analysis of foreign experience (Kazakhstan, Uzbekistan, Republic of Korea, Russia, China). The main achievements and problems of digitalization of prosecutorial bodies are noted. Particular attention is paid to how Kyrgyzstan uses the experience of Kazakhstan in this field. It has been revealed that the implementation of automated records management systems and a unified electronic register significantly increase the efficiency of supervisory activities, reduces the time for consideration of materials, and increases the transparency of prosecutorial supervision. Foreign experience (including the use of the informationanalytical system “Qadaǵalau” in Kazakhstan, total digitalization of records management in the Republic of Korea, and experiments with AI-prosecutors in China) demonstrates the prospects for further digital transformation of the prosecutor's office.



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