bluuebunny/crossref_metadata_2025 huggingface dataset:
COMPULSORY SHARE IN INHERITANCE AS A GUARANTEE OF ENSURING THE RIGHTS OF SOCIALLY VULNERABLE CITIZENS
Authors: Nukusheva Aigul Ashimovna , Kalkayeva Nessibeli Bakitovna , Kenzhibekova Elmira Polatovna
Published: January 2025

As the most important mechanism for protecting interests, a kind of guarantee for necessary heirs, the institution of a mandatory share in the inheritance is important due to factors such as setting goals to ensure minimum material security to meet the basic needs and living conditions of weak and vulnerable family members; ensuring fair distribution of inheritance, preservation of family relations; prevention of violations of the law; formulation of clear rules and standards that heirs and testators can follow. The study attempts a detailed comparative analysis of legislation and law enforcement practice on the implementation of the right to a mandatory share in the inheritance. The consolidation of the institution in question in the national legislations of the jurisdictions selected for analysis led to the development in the doctrine of civil law of modern states of the doctrine of the right to a mandatory share of inheritance, which expanded the boundaries of conceptualization of theoretical foundations and solving practical issues of realization of the right to a mandatory share of inheritance.
The purpose of this study is to analyze the effectiveness and significance of the mandatory share in inheritance as a mechanism for ensuring the rights of socially vulnerable citizens. Through a detailed study of legislation, law enforcement practice and theoretical concepts, the main goal is to identify effective methods of implementing this institution to ensure justice and social protection in society. To achieve this goal, methods of comparative analysis, legal and dogmatic analysis of normative acts, as well as methods of systematic analysis are used to identify the relationships between various aspects of the mandatory share in the inheritance. In addition, the research can use the method of empirical analysis to study the practical implementation of this institution in various countries and assess its effectiveness in practice.
FLEXIBILITY AND EFFICIENCY: A NEW APPROACH TO THE LABOR RELATIONS OF TEACHERS IN HIGHER EDUCATION INSTITUTIONS
Authors: Chokina Marina Victorovna , Alimbetova Alida Robertinovna Alimbetova
Published: January 2025

The modern higher education system is facing challenges related to the limitations of the labor relations of teachers tied to a single university. This article offers an innovative approach to redefining traditional employment models, focused on creating flexible employment relationships for teachers in higher education. The presented approach assumes that teachers can work at several universities at the same time, providing them with new opportunities for professional growth and development. The problem of the limited binding to the full-time status at a single university is solved by switching to a flexible labor relations system that allows teachers to actively participate in several educational projects. The introduction of such a system offers revolutionary changes in the organization of the professional life of teachers, opening up new prospects for individualized work schedule management and more effective use of their professional skills. Key aspects of the new system include the ability of teachers to focus on their main specialization, conduct courses appropriate to their narrow field of knowledge, and independently manage their work schedule. The flexible system also provides for adaptive remuneration, taking into account the actual hours worked, encouraging teachers to use their time effectively. The article examines the experience of other countries, such as England, the USA and Russia, in the context of legislative restrictions on the multiple employment of teachers. An important element of the new system is to maintain the official status of teachers at each university, providing them with access to the benefits of full-time status. The introduction of the proposed system of labor relations for teachers promises to transform higher education, creating conditions for improving the quality of education, attracting and retaining talented teachers, as well as stimulating innovation in the field of teaching.
THE INSTITUTION OF ARREST AS A PUNISHMENT IN THE LEGISLATION OF THE REPUBLIC OF KAZAKHSTAN: COLLISIONS, PROBLEMS, AND APPLICATION PROSPECTS
Authors: Rakhimberdin Kuat Khazhumukhanovich
Published: January 2025

The article examines doctrinal, legal, and practical issues related to the application of the punishment of arrest provided for in the criminal legislation of the Republic of Kazakhstan. The content of this punishment is analyzed, and its comparison is made with a similar criminal punishment in the Russian Federation. The author notes that in Russian criminal legislation, the purpose of arrest and its content as a type of criminal punishment appears stricter and more repressive than in Kazakhstan. The practice of arrest in Kazakhstan is discussed and summarized, highlighting practical problems that create obstacles to the actual execution of the punishment in the form of arrest. The author convincingly argues the discrepancy in the essence of arrest with the recommendations of UN international legal instruments, with the requirements of educational and rehabilitative impact of punishment contained in legal doctrine and in the criminal-executive legislation of the Republic of Kazakhstan. Theses are substantiated on the controversial and often unrealistic achievement of punishment goals in the conditions of arrest and its disproportionate severity, contradicting the principles of humanism and justice. The article concludes about the inexpediency of retaining arrest in the system of punishments in the Republic of Kazakhstan and the possibility of its application only to military personnel. The author rightfully believes that rejecting arrest as a form of punishment would signify a more realistic approach to criminal policy and its adherence to the "spirit" and "letter" of the recommendations of international legal acts of the United Nations. It is proposed to redirect the financial resources planned for the construction of detention centers towards solving a complex of tasks related to the social reintegration and rehabilitation of convicts, as well as creating conditions for the effective operation of penitentiary and post-penitentiary probation in Kazakhstan.
IMPROVEMENT OF ANTI-CORRUPTION EDUCATION AND FORMATION OF AN ANTI-CORRUPTION CULTURE IN UNIVERSITIES OF KAZAKHSTAN
Authors: Oleiinik Vasilii Ivanovich , Kizdarbekova Antonina Serikovna Kizdarbekova , Amanzholova Botagoz Atymtaevna
Published: January 2025

This paper examines the issues of improving anti-corruption education in universities, the formation of an anti-corruption culture, the creation of a system of prevention and combating corruption based on the principles of integrity, academic honesty, transparency and openness of activities. In this regard, the documents defining the policy of the Republic of Kazakhstan on combating corruption, the work of domestic and foreign scientists from the point of view of educational measures taken by the state in relation to educational programs were analyzed.
The paper touches upon the issues of digitalization of the process of teaching the basics of anti-corruption culture, which is assessed by the authors as a necessary element of the modern anti-corruption system.
In order to analyze and evaluate the anti-corruption policy of the state in the field of education, the main issues of the implementation of the Concept of Anti-corruption policy of the Republic of Kazakhstan for 2022-2026 are considered, and the need for introduction into educational programs of universities, regardless of ownership forms, as a mandatory component of the course "Fundamentals of anti-corruption education and culture" is justified.
The results of the study touch upon existing problems in the effectiveness of anti-corruption measures taken, establish approaches that can be used in teaching activities in higher educational institutions.
PAROLE FOR CRIMES AGAINST THE SEXUAL INTEGRITY OF MINORS: INTERNATIONAL EXPERIENCE AND KAZAKHSTAN PRACTICE
Authors: Urbissinova Nurgul Erkinovna , Koshkinbayeva Aliya Serzhanovna Koshkinbayeva , Zhumabayeva Galiya Amangeldinovna , Ismagulov Kairat Eslyamkalievich Ismagulov
Published: January 2025

In the context of the rapid development of society and scientific and technological progress, new challenges and types of criminal activity are emerging, which requires appropriate legal regulation to protect the lives, rights and interests of children.
Being aware of the responsibility to present and future generations, as well as taking into account the age of children and their vulnerability to various illegal actions and negative factors, the State at the constitutional level recognizes the priority and need for special protection of the rights and legitimate interests of children.
The article discusses the specifics of the application of parole (hereinafter - parole) in the context of the criminal legislation of the Republic of Kazakhstan and international experience. The main focus is on the protection of minors and tougher penalties for crimes against the sexual integrity of children. The authors focus on zero tolerance for sexual abuse of children, which is reflected in the importance of strengthening penalties for such crimes and banning parole for such criminals.
The authors consider international experience, including the legislation of Russia, Kyrgyzstan, China, Vietnam and the USA, where parole is regulated taking into account the severity of crimes and special conditions for repeat offenders. Special attention is paid to the need to harmonize Kazakh legislation with international standards, which contributes to the protection of children's rights and the maintenance of social justice.
The article also discusses proposed measures to strengthen criminal liability for crimes against children, such as increasing the terms of imprisonment, which will automatically delay the possibility of parole. The authors conclude that a balanced approach is necessary to preserve the right of convicts to parole, while ensuring strict punishment for particularly serious crimes.
LEGISLATIVE DISTINCTION BETWEEN THE CONCEPTS OF «CYBERSECURITY» AND «INFORMATION SECURITY»
Authors: Kulzhabayeva Zhanat Orynbekovna
Published: January 2025

In modern conditions of development of society, the system of information interaction actively uses various technical means, telecommunication systems. The level of distribution, receipt, use of necessary knowledge and information affects various spheres of public life. At the same time, the growth of information volumes is so great that for its productive use it is necessary to introduce computers, modern elements of information and communication infrastructure, including the global Internet. The growing scale of use of modern information technologies, widely used in all spheres of state and public activity determines the special relevance of the task of constant improvement of the system of protection of common information resources. At the same time, the factors increasing the need for legislative differentiation between the concepts of "cybersecurity" and "information security" have become obvious. This article outlines the author's positions on the definitions of "information security", "information security in the field of informatization", "cybersecurity"; an analysis of the current versions of legal norms on information security and cybersecurity; foreign practice of ensuring the security of information / data. The importance of information protection is due to the exchange of electronic documents and the provision of electronic services. The problem of ensuring information security, cybersecurity is complex and is associated with the need to combine legislative, organizational measures, further unification of the scientific, technical and economic potential of interested legal entities, the use of existing and the development of new, most effective approaches, methods and means of information protection. Taking into account the provisions of the current legislation, advanced foreign practice, the opinion of the expert community of Kazakhstan, it is recommended to distinguish at the legislative level the concepts of "information security" and "ensuring cybersecurity" as applied to the field of informatization. In addition, in order to introduce into the legislation of the Republic of Kazakhstan and a uniform interpretation of the conceptual and categorical apparatus in ensuring cybersecurity, it is proposed to introduce such definitions as a threat to cybersecurity, a cybersecurity incident. It is proposed to expand the responsibilities of the owner of critical infrastructure facilities.
ANALYSIS OF INTERNATIONAL LEGAL NORMS AND STANDARDS FOR CONDUCTING SCIENTIFIC RESEARCH AND COMPLIANCE WITH SCIENTIFIC ETHICS
Authors: Tlepina Sholpan Valerevna , Zukay Zhanerke , Yessentemirova Aigul Maratovna
Published: January 2025

In the scientific literature, scientific research is defined as the process of studying, experimenting, conceptualizing and verifying a theory related to obtaining scientific knowledge. International legal regulation of scientific research in various fields of science is carried out within the framework of international cooperation in the field of science. It should be noted that there are two general types of international legal regulation of scientific research: universal and regional. The article analyzes international legal norms and standards at the universal and regional levels related to scientific research and compliance with scientific ethics. The main international rules relating to this field establish rules regarding the conduct of scientific research. For example, any scientific research should be conducted in accordance with generally accepted human rights standards. International documents adopted in the field of scientific research can be divided into two parts: international agreements adopted between States and international legal acts adopted within the framework of international organizations. The article mainly analyzes international legal acts adopted within the framework of international organizations. Scientific research should be conducted responsibly, with respect for the rights of both scientific workers (researchers) and persons who are the objects of research. Scientific research must be conducted in good faith and the code of ethics must be observed in the course of research. The purpose of the article is to analyze international legal norms and standards for conducting scientific research and observing scientific ethics based on scientific works in this field and thereby determine the level of international legal regulation of conducting scientific research and observing scientific ethics.
FOUNDATIONS OF PARADIGMATIC THINKING IN LEGAL SCIENCE
Authors: Kokzhalov Ramazan Abayevich
Published: January 2025

Paradigmatic thinking has not yet fully entered Kazakhstan’s legal science, but it holds the potential to play a key role in making sound constitutional and legislative decisions. The concept of a paradigm provides a foundation for systematizing the history, philosophy, and science of law, contributing to the evolutionary development of law and fostering harmony between national identity and legislative processes.
A paradigm can be seen as the «lens» through which scholars view the world and its processes. Kazakhstan’s Soviet past, along with Western legal doctrines, continues to influence its jurisprudence. All post-Soviet nations have drawn their legal foundations from Eurocentric and Americentric sources, which developed in different historical and cultural contexts.
Legal norms shaped in other environments do not always fit a specific society. For instance, China’s Social Credit System, rooted in Confucian ethics, fits their context but is often criticized by Western nations. Such a system would contradict the Kazakh people’s deep-seated idea of freedom. Yet, theoretically, at this stage in Kazakhstan’s legal development, such misguided decisions remain possible due to the absence of paradigmatic thinking.
Paradigmatic legal thinking is based on philosophical, historical, and scientific premises that guide decision-making. Kazakhstan’s jurisprudence has the potential to restore its evolutionary development by returning to pre-colonial and Soviet-era philosophical traditions, a process that can be achieved through the integration of paradigmatic thinking into the legal system.
THE ROLE OF ICAO IN ENSURING THE INTERNATIONAL LEGAL SECURITY OF CIVIL AIRCRAFT
Authors: Seitzhan Aynash Anuarkyzy , Nuranova Raykhan Kuandykovna , Aralbayeva Aigerim Adilovna
Published: January 2025

Despite the fact that in the modern world, civil aviation uses all the latest technologies and scientific achievements in the field of equipment, control system and aircraft construction, it should be noted that plane crashes still lead to mass deaths. Nevertheless, aviation remains the most reliable mode of transport relative to other modes of transportation. Flight safety has always been and remains an important issue since the emergence of civil aviation. For this reason, the International Civil Aviation Organization (ICAO) was established as one of the UN agencies. The ICAO was established on the basis of the provisions of Part II of the 1944 Chicago Convention and has been operating since April 4, 1947. This organization sets the standards of civil aviation at the international level and coordinates, as well as the development of air transportation in order to improve safety. The goals and objectives of the ICAO are formulated in Article 44 of the Convention on International Civil Aviation, better known as the Chicago Convention. The document places the responsibility on ICAO to ensure the safe and effective development of international civil aviation worldwide. The Chicago Convention also regulates and ensures a uniform regime for international air navigation through the adoption of standards and recommended practices. Kazakhstan joined the ICAO in 1992. Currently, Kazakhstan has switched to the European model of civil aviation management. Since 2019, the Aviation Administration of Kazakhstan JSC has been established. This administration is responsible for the technical control and supervision of flight safety, both over the territory of Kazakhstan and beyond.
SPECIFIC ISSUES OF STATUTE OF LIMITATIONS ACCORDING TO THE LEGISLATION OF THE REPUBLIC OF KAZAKHSTAN
Authors: Klimkin Sergey Ivanovich , Kazbayeva Assel Gabidenovna
Published: January 2025

The article presents a comprehensive analysis of the application of the norms on limitation periods in Kazakhstan, identifying key problems and proposing ways to solve them in light of modern law enforcement trends and strategic goals outlined in the message of the President of the Republic of Kazakhstan. The focus is on the need to clarify and harmonize the norms of the Civil Code (CC) of the Republic of Kazakhstan related to the limitation period, which has become especially relevant in the context of dynamic changes in law enforcement practice and legislation.

The research reveals that current legal norms, such as Articles 179 and 181 of the CC, require clarification to increase legal certainty and sustainability of law enforcement practice. Particular attention is paid to law enforcement practice in the context of applying the statute of limitations to collection agency claims after the 2017 reform. Two key positions are considered: one supports maintaining the five-year limitation period, the other proposes reducing it to three years. These issues are directly related to strategic initiatives to improve financial regulation, strengthen consumer protection and optimize financial control.

Moreover, the law enforcement practice is analyzed regarding the interruption of the limitation period when applying to a notary for an enforcement inscription. It is argued that such an appeal should not be considered a basis for interrupting the limitation period, since the list of grounds specified in Article 183 of the CC is exhaustive. This proposal is in line with the goals of the law enforcement strategy set out in the President's message and is aimed at eliminating legal uncertainty.

The article is a detailed and consistent study that contributes to further study and improvement of the legislation on limitation periods in Kazakhstan. The proposed solutions are of significant importance for improving law enforcement practice and the legal environment in the country, contributing to more effective protection of citizens' rights and stability of legal regulation.
SOME ASPECTS OF THE ACTIVITIES OF STATE BODIES DIRECTLY SUBORDINATE AND ACCOUNTABLE TO THE PRESIDENT OF THE REPUBLIC OF KAZAKHSTAN
Authors: Tebayev Didar Bolatovich
Published: January 2025

The constitutionalization of a group of state bodies directly subordinate and accountable to the President of the Republic of Kazakhstan took place in 2007. Their list is fixed in Appendix 2, approved by Decree of the President of the Republic of Kazakhstan dated March 11, 2008 No. 552.
The author notes in his research that in the Republic of Kazakhstan a system of presidential state bodies has been formed, which have intersections in the course of their activities and their direct subordination is partially limited. Of course, the head of state is endowed with the broadest powers and occupies a key place in the system of public authorities. This state of affairs determines the existence of the specified group of powers. At the same time, the author questions some of the provisions.
In the article, the author examines the issues of staffing of these bodies. Using the example of specific bodies, the tendency to increase the maximum staffing is shown. The subject of the study is the legal acts of the Republic of Kazakhstan, the legal norms formulated in them and the practice of their implementation, program documents that address issues of the activities of state bodies directly subordinate and accountable to the President of the Republic. The purpose of the work is to identify the problems of functioning of these state bodies.
In the course of the study, the author examines the processes of constitutionalization of state bodies directly subordinate and accountable to the head of state, their number in different historical periods, and the conceptual apparatus. The paper indicates that a number of state bodies are proposed to be merged, and the purpose of creating some bodies is questionable. The study noted that the head of state in certain historical periods removed some areas of activity from the Government's jurisdiction at his discretion.
LEGAL REGULATION OF CRIMINAL LIABILITY AND PUNISHMENT FOR FRAUD IN THE REPUBLIC OF KAZAKHSTAN
Authors: Utanov Mukhtarhan Aidarkhanovich , Aueshova Bagdat Tlektesovna , Bugybay Dina Bugybaykyzy , Sautbayeva Saltanat Bakytzhanovna , Ablaeva Elvira Bekbolatovna
Published: January 2025

The article is devoted to the legal regulation of criminal liability and punishment for fraud provided for in Article 190 of the Criminal Code of the Republic of Kazakhstan.
The relevance of the chosen topic is caused by the fact that crime in the republic as a whole is characterized by a steady downward trend, as well as crime against property itself, but there is a tendency to a high increase in fraud in their structure. These circumstances are of concern to the Kazakh society, especially due to the increasing cases of theft of other people's property fraudulently or abuse of the owner's trust using various information technologies, which for the most part remain undisclosed and unexplored.
Based on this study, the shortcomings and imperfections of the legal regulation of fraud are shown.
The criminal law characterization of fraud as one of the forms of theft directed against someone else's property is given. The main, qualified and especially qualified fraud formulations are analyzed. A criminological analysis of fraud has been made.
The criminal legislation of the Republic of Kazakhstan on fraud and judicial practice in cases of fraud have been studied. The set of signs or legal properties of a criminal case of fraud has been studied, according to which the Kazakh legislator determines which body, in what order and in what time frame should conduct an investigation or inquiry on it.
A review of quantitative and qualitative indicators of registered criminal offenses against property contained in official statistical data has been conducted in the republic as a whole from the date of entry into force of the Criminal Code of the Republic of Kazakhstan from 2015 to the present. Various areas and methods of fraud, as well as its varieties, have been identified.
The problems of legal regulation of fraud regulations in the Republic of Kazakhstan are identified, as well as ways to solve them are proposed. The uncertainty of the rules of investigation of criminal cases of fraud is indicated by one or another body, whose competence includes conducting an investigation or inquiry on them. Attention is focused on the problems associated with the disclosure and investigation of fraud. The issues of fraud qualification and its correlation with civil law torts are raised.
CURRENT ISSUES OF LEGAL EDUCATION
Authors: Akhmetov Arman Serikovich
Published: January 2025

The presented scientific article analyzes current problems of legal education in modern society. The scientific research was carried out on the basis of a search and analysis of various domestic and foreign original studies that are devoted to this resolution. The purpose of the scientific work is a holistic analysis and understanding of the phenomenon of legal education, identifying its features, methods and forms of implementation. In the course of writing the article, various methods of scientific analysis were used, which helped to reveal this issue: induction, deduction, synthesis, analysis, formalization, abstraction, dialectics, comparison. The scientific study presented various approaches and opinions of researchers based on their own judgments and practical experience, and outlined the principles and functions of legal education. Special attention was paid to highlighting foreign experience in implementing the legal education system at all levels of the educational system, and measures were proposed to improve the situation in our education system. The scientific work analyzes the provisions regarding the digitalization of the process of legal education among youth, reveals the features and methods of increasing the level of legal consciousness of the younger generation. The results of the study are determined by our own conclusions and the author’s definition of legal education, as well as recommendations for improving the regulatory framework on this issue. All the material presented in the article can be used in the design of various strategies and programs and used in the educational process at all levels of education. In conclusion, it is concluded that legal education is one of the most important components of the formation of the level of legal culture and legal consciousness of an individual, and also contributes to the creation of one’s own legal attitudes and ideas about legal
SOCIAL AUDIT IN THE REPUBLIC OF KAZAKHSTAN: PROBLEMS AND PROSPECTS
Authors: Saktaganova Akmaral Bakytovna , Ahmetov Yerik Bulatovich
Published: January 2025

This article explores the contemporary landscape of social auditing. Research paper examines international best practices in social auditing, and analyzes the key elements shaping social auditing’s developing in the Republic of Kazakhstan. Making conclusion that conducting social audits within enterprises is essential.
The article examines the international experience of social audit, highlighting the key principles and practices. In particular, the following are analyzed: social audit standards, methods and tools, the role of stakeholders. Social audit is a systematic process of evaluating and measuring the social impact of an organization, project, or program. It allows you to objectively assess how activities meet public interests and expectations, as well as identify areas for improvement.
Social audit is in the stage of active formation, which indicates a growing awareness of the importance of transparency in business practice. Despite the initial stage of development, a number of important initiatives have already been implemented aimed at improving the efficiency and transparency of organizations' activities.
Social audit is a complex process that includes assessment, reporting and implementation of measures to improve the functioning and working style of the organization. Its key goal is to measure the impact of an organization on society as a whole, the degree of its corporate social responsibility.
The article highlights the value of social audit for organizations striving for sustainable development. Its implementation will increase the social responsibility and create a positive impact on society.

Social audit helps to identify problem areas in the company's work aspects. This allows us to develop effective measures to improve the situation and minimize possible risks.
ISSUES OF THE PLACE OF ARTIFICIAL INTELLIGENCE IN THE SPHERE OF LABOR IN THE MEMBER STATES OF THE EAEU
Authors: Zhurunova Mereke Konyskhanovna
Published: January 2025

The scientific article examines the issues of the relationship between artificial intelligence and the labor sphere, as well as those subject to regulation in the labor sphere by analyzing it within the EAEU member states. In the event of the development of artificial intelligence in all areas, what changes will it bring to the labor sphere of the EAEU and what new changes will be made to labor legislation, shows the relevance of the scientific article.
The development of artificial intelligence systems leads to the obsolescence and disappearance of many jobs and professions, and affects the emergence of new professions. As digitalization develops, many industries will be robotized, and jobs that require physical labor may be eliminated. Therefore, among the EAEU member states, it is necessary to limit the work assigned to robots in labor legislation, regulate the preparation of labor standards that ensure their interaction with people, and regulate labor legislation.
The purpose of the scientific article is to determine the place of artificial intelligence in the sphere of labor of the EAEU member states, to study how it is implemented in law enforcement practice, and to draw the author's conclusions. At the same time, to study the place of artificial intelligence in the sphere of labor and foreign practice of its legal regulation, and also to consider the possibility of its use in the national legislation of the EAEU member states with reference to the norms of the Treaty on the EAEU. Should artificial intelligence be avoided or can a country's economy be improved by effectively using its services, using it to improve the skills of employees at national and international levels and drawing conclusions about points that can lead to effective changes in labor relations.
LEGAL REGULATION OF THE APPLICATION OF ARTIFICIAL INTELLIGENCE IN THE MILITARY SPHERE: EXPERIENCE OF CHINA
Authors: Khassanay Alikhan Massatuly
Published: January 2025

The relevance of this study is determined by the lack of international legal instruments to regulate the use of innovative technologies, such as artificial intelligence (AI), in the military sphere. Rapid technological progress, especially in the field of military technologies, creates new challenges that require the development of legal mechanisms capable of adequately responding to potential threats and ensuring global security. This problem is exacerbated by the lack of uniform international standards for the military use of AI, leading to legal uncertainty and a dearth of harmonized rules.
The purpose of this study is to analyze the current legislation of the People's Republic of China (PRC) in the field of military AI, with a focus on the draft of AI Regulation Law, considered by the author in a military context. The study aims to identify the advantages and limitations, as well as fragmentation and uncertainty in the present legal regulation of military AI in the PRC.
The results of the analysis show that the existing norms of Chinese law are characterized by insufficient elaboration, which may lead to legal conflicts when interpreting and applying these norms in the context of international obligations and standards. This emphasizes the need to integrate national approaches into global legal mechanisms to create universal standards consistent with international principles for regulating the military use of AI.
The practical significance of the study lies in identifying the prospects for the formation of a comprehensive legal framework that will ensure the lawful use of AI in armed conflicts, considering international obligations and norms of humanitarian law, contributing to the strengthening of international security.
RETURNING TO THE SCIENTIFIC PUBLICATION OF CANDIDATE OF LEGAL SCIENCES Z.G. KAZIEV, А.В.YESSIMOVA «SECTORAL LEGAL MONITORING: GENERAL CONCEPT, TASKS AND POSSIBILITIES OF CONDUCTING»
Authors: Zhadauova Zhanara Abdyldaevna
Published: January 2025

The article is devoted to the review of the scientific article by Z.G. Kaziev and A.B. Yessimova «Sectoral legal monitoring: a general concept, tasks and possibilities of conducting» published on the pages of the journal «Bulletin of the Institute of Legislation and Legal Information of the Republic of Kazakhstan» in 2016.
The article reveals the general concept, the legal nature of sectoral legal monitoring, and discusses the organization of sectoral legal monitoring. The authors describe the goals and objectives of legal monitoring in accordance with the Law of the Republic of Kazakhstan «On Regulatory legal acts».
The recommendations developed by Z.G. Kaziev and A.B. Yessimova aimed at introducing sectoral legal monitoring were implemented by government agencies and the Institute of Legislation and Legal Information of the Republic of Kazakhstan (hereinafter - the Institute) within the framework of alternative legal monitoring (analysis of the effectiveness of legislation) Special attention is paid to the organizational and legal aspects of the sectoral analysis of legislation conducted by the Institute today. The analysis of the effectiveness of legislation is carried out in order to assist government agencies in conducting legal monitoring.
The sectoral analysis of legislation currently conducted by the Institute (in pilot mode) consists in studying the state of regulatory regulation on the scale of the branch of activity of a state body, since it allows to assess the effectiveness of the legal system as a whole.
PROBLEMS OF DIFFERENTIATION OF THE CATEGORIES "RULE OF LAW" AND "RECHTSSTAAT"
Authors: Ablaeva Elvira Bekbolatovna
Published: January 2025

This work is devoted to the study and resolution of the problems of definitions of the legal categories "Rule of law" and "Rechtsstaat", which give rise to ambiguity, ambiguity and imprecision in the interpretation and application of legal terminology. Their main causes are identified, consisting in the error of translation of English terms into other languages, the differences between law and statute, incorrect interpretation of the Rule of law at the national level and its uncertainty at the international level.
Attention is paid to the issues of comparison and contrast of the judicial doctrine of the Anglo-Saxon legal system "Rule of law" with the legal concept of the Romano-Germanic legal system "State of Law", which is close to it in content, the categories of law and statute, the principles of the rule of law and the rule of law.
It is determined that "Rule of law" and "Rechtsstaat" in relation to each other are not contradictory and identical categories. What they have in common is the unity of purpose in limiting the arbitrariness of state power, the unity of the task of giving the state a legal form and filling it with essential criteria that constitute the law. And the difference is the different ways of securing, applying and ensuring rights, which can be completely overcome by developing uniformity in judicial practice in the interpretation and application of substantive and procedural law, legal certainty in the legal regulation of legal relations, including the predictability of regulatory, administrative and judicial acts, the legitimacy of the expectations of subjects.
The author of the presented work, without excluding the fact that there are coincidences and differences between the "Rule of law" and "Rechtsstaat", as well as between the categories of law and law themselves, in fact, by virtue of which legal laws and non-legal laws are separated, considers it unacceptable to mix them, equate them and accept them as synonymous terms. The study showed that the "Rule of Law" used in the basic laws of countries with a continental legal system has developed completely new philosophical and legal ideas and different judgments regarding its understanding.
CONSTITUTIONAL CONTROL AS A TOOL FOR IMPRVING LEGISLATION: SOME PROBLEMS
Authors: Sarpekov Ramazan Kumarbekovich Sarpekov , Karaev Alipasha Agakhanovich Karaev
Published: January 2025

The constitutional reforms that took place in the Republic of Kazakhstan in 2022 marked new vectors for further modernization of the legal and political system. The problems of the effectiveness of public administration, the quality of the legislative process, as well as the need to reform the institution of constitutional control, through which the supremacy of the Constitution is ensured in the country and the regime of constitutional legality is maintained, have come to the fore.
World experience shows that constitutional control bodies are involved in almost all spheres of public relations. Judicial constitutional control is the most effective tool for improving legislation, protecting the constitutional system and ensuring the dynamism of the entire legal system.
In this regard, the establishment of the Constitutional Court in Kazakhstan and the return to the judicial model of constitutional justice was the most noticeable result of the reform. According to the norms of constitutional legislation, the Court's activities are aimed at giving an official interpretation of the norms of the Constitution, conducting preliminary and subsequent control, and establishing the correctness of elections and referendums. However, despite the rather wide range of powers, one of the most effective powers of the Constitutional Court has become control over laws adopted by the Parliament of the Republic of Kazakhstan.
Based on the study of the normative decisions of the Constitutional Court and various scientific approaches, the article examines some problems of this form of control, analyzes the reasons for the poor quality of legal acts, provides the legal positions of the Constitutional Court, and draws attention to the need for further improvement of the mechanisms of constitutional control.
The article also shows the role of the Constitutional Court in the implementation of legislation.
LEGISLATIVE BASES FOR THE DEVELOPMENT OF THE ENVIRONMENTAL LABELING SYSTEM IN THE REPUBLIC OF KAZAKHSTANTalap Kairatovich Nurekeshov
Authors: Nurekeshov Talap Kairatovich Nurekeshov , Mukasheva Anor Abaykhankyzy Mukasheva , Aytkazin Yerlan Maidanuly
Published: January 2025

The article is devoted to a close analysis of modern political and legal aspects of the development of the national Institute of environmental certification and labeling. The authors propose a detailed study and systematization of the current legal norms, since today there are no clear regulatory criteria for some areas of eco-labeling.
The purpose of the study is to assess the practical application of legislation regulating environmental labeling activities in the country, as well as to analyze the possibilities of legislative support for the development of the national institute of environmental certification and labeling in general.
The article examines the successful experience of the European Union and a number of other developed countries of the world. Particular attention was paid to the issues of legal support for such types of markings.
The research methodology provides a review of legislation and legal literature, includes an analysis of the opinions of scientists and experts, on the basis of which the authors make recommendations, discuss risks in the development of standards.
Taking into account the new draft law under discussion, forecasts have been made for the development of these institutions in the country. The authors have extensively analyzed the new draft law providing for the conditions for the transition to the production of organic products, requirements for its production, turnover and labeling, as well as initiatives to form a system of accounting and supervision of organic products and a single list of its producers.
According to the authors, there is a need to improve legislation in this area. Such studies are important not only for the development of scientifically sound recommendations for improving legislation, but also for the coordination of law enforcement activities. The relevance of the topic lies in considering the mechanism of implementation of this institution from the point of view of legislative possibilities and empirical state.
ABOUT SOME FEATURES OF THE LEGAL REGIME OF THE PROPERTY OF STATE HIGHER EDUCATIONAL INSTITUTIONS
Authors: Makhmadinov Dauletkeldi Murzakhanovich , Altynbassov Bakhyt Omirkhanovich Altynbassov , Myrzataev Nurmukhamed Dauletkeldyevich Myrzataev
Published: January 2025

The article examines in detail the legal regime of the property of state higher educational institutions of the Republic of Kazakhstan, in particular the norms of current legislation concerning the legal status of organizations operating in the status of state enterprises, non-profit joint-stock companies and state institutions. It is obvious that the legal status of these educational institutions directly affects property rights, and the specifics of property relations have a significant impact on the quality of educational services provided, as well as on the indicators of economic and social development of the country. Educational organizations face many restrictions, especially with regard to the rights of ownership, use and disposal of property, which, in turn, negatively affects their financial stability and competitiveness. Based on the research of scientists analyzing these issues, the article reveals contradictions in legal norms and legislation related to property management. These legal issues are considered as the most important factors for the effective management of property relations of educational organizations and ensuring the necessary conditions for their development. In addition, the problems of educational organizations related to property require the development of solutions that make it possible to effectively use financial resources, increase investment attractiveness, and improve the quality of education. The importance of this issue is most relevant for ensuring the stability and quality of the education system, since the effectiveness of property management plays a crucial role in the development of educational organizations, the implementation of scientific research and the formation of human resources. All this is important for improving the competitiveness of universities and ensuring the quality of education in accordance with international standards.
GREENING OF DECISION-MAKING PROCEDURES IN THE FIELD OF PUBLIC PROCUREMENT
Authors: Alenov Marat Amradinovich , Dyussenov Yerbol Abayevich
Published: January 2025

The article is devoted to the formation of tasks and development of mechanisms for taking into account environmental criteria in the field of public procurement. A review of program and strategic documents is conducted that address the need to develop the field of public procurement in the context of limiting the impact of factors harmful to health, preserving the quality of natural resources and new approaches in public administration. The article draws attention to the potential of the Aarhus Convention and highlights certain aspects for improving the practice of interaction with the public. It is also noted that the institutionalization of public participation in decision-making was embodied in the discussions of draft regulatory legal acts, projects for the construction of industrial, infrastructure and other facilities.
The Law «On Public Procurement» of 2024, which will come into force at the beginning of 2025, is analyzed.
The article also provides the EU experience, in particular, the relevant acts on the issue of state (public) procurement to improve the environment are studied.
An analysis was carried out, the need for which is dictated by the objectives of the study; it covers foreign practice in regulating and implementing «green» procurement in Sweden, Norway, Denmark, Germany, Canada, the United States of America and Australia.
A conclusion is made about the justification for involving the public in decision-making at the stage of setting the problem and planning the development of the corresponding solution for a full consideration of alternative solutions, including consideration of several such options simultaneously.
It is noted that the analysis of foreign experience shows the presence of significant potential for the development of greening tools in the field of public procurement, and also demonstrates examples for the development and implementation of effective mechanisms for green procurement, adapting them to the legal system and economic structure of the country.
The authors emphasize that public participation in decision-making, access to information and justice have a constitutional and legal content and can be traced in industry legislation. Attention is paid to the Basic Law of the state, which acts as a conceptual document and enshrines the value and legal vectors of regulating public relations.