EVOLUTION OF THE ROLE OF THE PREAMBLE TO THE CONSTITUTION OF THE REPUBLIC OF KAZAKHSTAN IN THE PRACTICE OF CONSTITUTIONAL CONTROL BODIES: COMPARATIVE LEGAL ANALYSIS
The preamble to the Constitution of the Republic of Kazakhstan enshrines the ideas of national sovereignty, civil peace and social harmony, commitment to the ideals of freedom, equality and harmony, as well as the desire to build a democratic, secular, legal and social state. The purpose of this work is to study the role of the Preamble to the Constitution of the Republic of Kazakhstan in the practice of the first Constitutional Court of the Republic of Kazakhstan (1992-1995), the Constitutional Council of the Republic of Kazakhstan (1995-2022) and the current Constitutional Court of the Republic of Kazakhstan, as well as to conduct a comparative legal analysis with the practice of the Constitutional Council of the French Republic and the approaches of the Venice Commission of the Council of Europe. The conducted research allows us to state that the importance of the Preamble to the Constitution of the Republic of Kazakhstan in the activities of constitutional control bodies is consistently increasing and acquiring more and more pronounced doctrinal and practical content. Thus, the Preamble to the Constitution of the Republic of Kazakhstan performs an important function of ensuring the value, ideological and semantic unity of the entire constitutional system. It serves as a guideline for the interpretation of constitutional norms, helps to strengthen the constitutional identity of the state and influences the development of modern legal doctrine. In the future, we can expect a further expansion of the role of the Preamble in the practice of constitutional justice, especially in connection with the strengthening of the value approach in the new Constitution of Kazakhstan in 2026, and consequently, the strengthening of the human rights focus of constitutional control and the development of a value-based approach to the interpretation of the Constitution (Constitution, 2026).
Preamble, Constitution, Constitutional Council, Constitutional Court, resolutions.
TRANSFORMATION OF THE GOALS OF FAMILY JUSTICE: FROM DISPUTE RESOLUTION TO RESTORATION OF FAMILY RELATIONSHIPS
Contemporary processes of family transformation necessitate a rethinking of the goals of family law and family justice. This article examines current trends in the development of family justice through the lens of the changing social role of the family in modern society. The author proceeds from the premise that the contemporary crisis of the family should be understood not as a crisis of the loss of its social value, but rather as a crisis arising from the inconsistency between traditional models of family relations and the new demands placed upon the family as an environment for personal development and human well-being. The purpose of the study is to substantiate the transformation of the goals of family justice from the resolution of family disputes to the restoration of family relationships and family functioning. The research employs historical-legal, comparative-legal, systemic, and interdisciplinary methods. In addition, an analysis of contemporary foreign studies in the field of family justice and family mediation is conducted. The findings demonstrate that changes in the social mission of the family naturally lead to the transformation of the goals of family justice. Contemporary international approaches reveal a gradual shift away from a purely adversarial model of family dispute resolution toward a model focused on preserving family ties, reducing conflict, restoring communication, and ensuring the well-being of the child. The study concludes that there is a need for the further development of family-oriented conflict resolution mechanisms in the Republic of Kazakhstan, including family mediation, interdisciplinary cooperation among professionals, and the formation of a concept of family justice aimed at preserving the family’s capacity to perform its social, psychological, and educational functions.
family justice; family mediation; family conflict; family relationships; child well-being; restoration of family relationships; family functioning
THE NEW CONSTITUTION OF THE REPUBLIC OF KAZAKHSTAN: THEORETICAL AND PRACTICAL ISSUES OF THE DEVELOPMENT OF THE SYSTEM OF SOCIAL PARTNERSHIP, HUMAN CAPITAL IN LABOR RELATIONS
The new Constitution of the Republic of Kazakhstan has established an important legal foundation for the development of the social partnership system and human capital in labor relations. The article analyzes the theoretical and practical aspects of the Constitution’s provisions (Articles 3, 10, 26, 27), which enshrine the right to work, social protection, safe working conditions, and the development of human capital. It examines the objectives set out in the Presidential Addresses of 2021–2024 regarding human capital development, labor market regulation, reduction of social inequality, and strengthening of social partnership. Based on the norms of the Labor Code, the Laws “On Trade Unions” and “On Public Control”, the UN Covenants on Economic, Social and Cultural Rights and on Civil and Political Rights, as well as ILO Convention No. 131, the article explores the role of trade unions in social partnership, the importance of collective agreements, mechanisms for resolving labor disputes through conciliation commissions, and issues of protecting workers’ rights. Gaps in legal regulation at the organizational level are identified, and recommendations are proposed for improving legislation to ensure social stability and protect human capital.
new Constitution, social partnership, human capital, labor relations, trade union, collective agreement, labor dispute, public control, conciliation commission
Copyright (c) 2026 Д.У. Рыскалиев, Г.Г. Нурахметова, С.Ж. Сулейменова (Автор)
JUDICIAL POWER IN THE REPUBLIC OF KAZAKHSTAN AND THE LIMITS OF APPLICATION OF THE PREVENTIVE MEASURE "DETENTION" IN THE MAIN TRIAL
This article analyzes the specifics of applying the preventive measure "detention" in the main trial and its time limits. It examines the legal nature of this measure, its purposes, and its importance for ensuring effective judicial protection of the rights of participants in legal proceedings. Particular attention is paid to the criteria for determining the maximum periods of detention, procedural grounds, and the liability of officials. The article draws on the judicial practice of the Constitutional Court of the Republic of Kazakhstan in considering matters of applying preventive measures. It also addresses issues frequently arising during the consideration of complaints regarding the application of preventive measures and their time limits. Conclusions are drawn regarding the need for a uniform approach to the application of this measure in order to strengthen the principles of criminal procedure and ensure adequate protection of citizens' rights in criminal proceedings.
court, defendant, lawyer, preventive measures, periods of detention, procedural form, change of preventive measures, punitive and preventive functions, stages of legal proceedings
INTERNATIONAL TREATIES OF REPUBLIC OF KAZAKHSTAN ON LEGAL ASSISTANCE UNDER CRIMINAL CASES: CURRENT TRENDS
The article examines current issues of international cooperation of the Republic of Kazakhstan in the field of criminal proceedings and the implementation of international treaty obligations of the state. The relevance of the topic is determined by the expansion of international cooperation in the fight against international crime, the need to improve the mechanisms of legal assistance in criminal cases, extradition and transfer of convicted persons, as well as ensuring the proper fulfillment of the international obligations of the Republic of Kazakhstan. The purpose of the study is to analyze the current international treaties of the Republic of Kazakhstan and identify areas for improving the criminal procedure legislation in the field of international cooperation. To achieve this goal, the provisions of the Constitution of the Republic of Kazakhstan, the Criminal Procedure Code of the Republic of Kazakhstan, as well as bilateral international treaties concluded with a number of foreign states were studied. As a result of the comparative legal analysis, certain gaps and conflicts of national legislation were identified, and measures to eliminate them through the implementation of certain international legal norms were proposed. The conclusion is drawn on the need to further develop the international legal framework, improve criminal procedure legislation, and strengthen international cooperation to enhance the effectiveness of crime prevention and ensure the principle of the inevitability of criminal liability.
legal assistance in criminal cases, criminal prosecution, appropriate authorities, transfer of convicted persons, grounds for refusal of extradition, international treaties, extradition
Copyright (c) 2026 Р.Н. Акпарова (Автор)
REALIZATION OF THE RIGHT TO SUBMIT PETITIONS IN THE CONTEXT OF ELECTRONIC PRE-TRIAL PROCEEDINGS
The article examines the realization of the right to submit petitions in the context of electronic pre-trial proceedings in the Republic of Kazakhstan. The subject of analysis is the Public Sector of the Unified Register of Pre-Trial Investigations (hereinafter, PS URPTI) as a digital form for filing statements, motions, and complaints by participants in criminal proceedings. The purpose of the study is to determine the procedural significance of the PS URPTI and to substantiate that its role is not limited to the technical transmission of a document, but is expressed in changing the mechanism for exercising the right to petition. The study relies on the provisions of the Criminal Procedure Code of the Republic of Kazakhstan, subordinate acts of the Prosecutor General’s Office of the Republic of Kazakhstan, and scholarly works devoted to the digitalization of criminal procedure and the institution of procedural petitions. The study concludes that the PS URPTI does not create a new subjective right, but provides a digital form for exercising the right to submit petitions already established by law. It is concluded that the significance of the PS URPTI lies in strengthening the fixability, visibility, controllability of petitions, and their connection with the electronic criminal case. At the same time, it is shown that the effectiveness of this model depends on the accessibility of digital infrastructure, compliance with confidentiality requirements, and the actual consideration of the petition on its merits.
right to petition, electronic pre-trial proceedings, Public Sector of the Unified Register of Pre-Trial Investigations, statement, motion, complaint, digitalization of criminal procedure
Copyright (c) 2026 А.А. Прокопова (Автор)
PROBLEMS OF LEGAL REGULATION AND PROSPECTS FOR IMPROVING THE LEGISLATION OF THE REPUBLIC OF KAZAKHSTAN IN THE FIELD OF PERSONAL DATA PROTECTION
The implementation of artificial intelligence, the advancement of digital technologies, and the systematic analysis of big data have significantly increased the importance of personal data protection and the improvement of legal regulation in this field. This study examines the challenges associated with the application of personal data protection legislation and evaluates its compliance with international legal standards. The primary objective of this research is to identify legal inconsistencies and gaps that hinder the effective realization of citizens’ constitutional rights and the protection of their privacy, as well as to develop proposals for improving the existing legal framework. To achieve this objective, the following tasks were undertaken: – conducting a comparative analysis of domestic and foreign legal practices; – examining the regulation of automated data processing, the use of biometric data, and the cross-border transfer of personal data. The findings indicate that the current legislation does not fully ensure the protection of citizens’ rights and fails to adequately address the challenges posed by modern digital technologies. The study revealed the absence of data protection impact assessment mechanisms, as well as insufficient regulation of biometric and behavioral data processing. These shortcomings are largely attributable to the existence of referral provisions that lack effective implementation mechanisms, as well as legislative gaps in this area. The study concludes that improving the personal data protection framework requires the development of a comprehensive risk-based model of legal regulation. Key recommendations include the introduction of Data Protection Impact Assessment (DPIA) procedures, the establishment of clear rules governing cross-border data transfers, and the strengthening of the institutional role of the authorized state body responsible for personal data protection.
personal data, Republic of Kazakhstan, artificial intelligence, legislation, cross-border data transfer, data protection impact assessment (DPIA), biometrics
Copyright (c) 2026 А.К. Кусаинова (Автор)
ELECTION OBSERVATION AS A DIRECT EXPRESSION OF THE PEOPLES POWER
This article provides a comprehensive analysis of federal and regional legislation governing the institution of election and referendum observation. The study reveals contradictions and gaps in the legislative acts that define the procedure for appointing, the powers and legal status of an observer. Special attention is paid to the problems of practical implementation of their rights and guarantees of independence. The author suggests considering this institution not only in the narrow context of the electoral process, but also as an integral element of democracy and a mechanism of public control, contributing to the legitimization of the results of the vote. The study identified systemic defects in the current legal regulation, including a conflict between Federal Law No. 67-FZ and Federal Law "On the Fundamentals of Public Control," a gap in the legislation of the Republic of Ingushetia related to the lack of requirements for the minimum size of an initiative group as a subject for appointing observers, and an unjustified residency requirement for observers in regional and municipal elections. The study also substantiated the need to restore the right of voter groups to independently appoint observers, which was previously provided for in the now-defunct Federal Law No. 138-FZ. The author critically evaluates the narrowing of the circle of subjects of popular rule in the electoral process and proposes to expand the list of stages of the electoral process that are available for observation, including the nomination, registration of candidates, and election campaigning. Based on the analysis, specific proposals have been formulated to improve the legislative framework in order to enhance the effectiveness of the observation institution and strengthen confidence in the electoral system as a whole. The results of the study can be used in legislative activities, the law enforcement practice of election commissions, and the educational process in the course of constitutional and electoral law.
referendum, free elections, observer, public control, legitimacy, electoral process, legal status, electoral legislation, democracy.
Procedural and Legal Mechanisms for the Protection of Migrant Workers’ Labor Rights in the EAEU Countries
The scientific article is devoted to the procedural and legal procedure for applying to bodies dealing with labor disputes in order to protect violated labor rights of employees in the states of the Eurasian Economic Union (EAEU). Issues of changing working conditions, transferring employees to other jobs, remuneration and other labor disputes are regulated by law in such a way that they have a direct impact on the realization of basic labor rights of employees, their social protection and the effectiveness of the organization of production. As an important tool that plays a special role in this area, the international labor standards adopted by the International Labor Organization (ILO) have been studied, as well as their significance and impact on the formation of national labor legislation of the EAEU states. As law enforcement practice shows, despite the existence of systematic legal mechanisms for resolving labor disputes, labor conflicts continue to arise between employers and employees due to illegal actions by one of the parties to the employment relationship. The purpose of the scientific article is to study the legislative regulation and law enforcement practice of the bodies dealing with labor disputes in the EAEU member States.
Copyright (c) 2026 М.К. Журунова, М.А. Аленов (Автор)
INSTITUTIONALIZATION OF ECONOMIC ANALYSIS IN CORPORATE LAW
Foreign legal literature has been creating an interdisciplinary methodological basis for the economic analysis of law for a relatively long time, which is dictated by the need to find the most optimal model of legal regulation, including when determining variables that affect the formation of legal policy. It is worth noting that the methodology of scientific analysis previously used by legal science did not include economic analysis, undeservedly excluding this important toolkit for private law. In our understanding, the definition of an interdisciplinary approach in the formation of certain civil law structures should certainly serve the idea of determining the most effective, rational and viable model of interaction between economics, law and social relations. As a separate issue, it is proposed to consider the issue of institutionalizing economic analysis in improving corporate law in the context of increasing the economic efficiency of law enforcement practice. Actually, there are a lot of problems associated with the implementation of an interdisciplinary approach of economic and legal analysis in corporate law, ranging from the problems of theorizing transaction costs, conflict of directors, shareholders and creditors to the hypothesis of market efficiency (Efficient Market Hypothesis), the economics of mergers and acquisitions. In this context, our work does not pretend to be a depth of study of these processes, however, it is intended to determine the most important aspects of the interaction of economics and law in the further improvement of corporate law in the Republic of Kazakhstan.
Copyright (c) 2026 VERITAS LEGIS JOURNAL
HISTORY AND GENESIS OF GERMAN CONSTITUTIONALISM: LEGAL ASPECTS
The article examines the genesis and historical development of German constitutionalism as a significant phenomenon of European legal thought. Particular attention is devoted to the analysis of its doctrinal foundations, formed within the framework of the classical German legal and philosophical tradition. The evolution of constitutional and legal ideas, as well as their transformation into a coherent system of principles underlying the modern constitutional order, is explored. The study analyzes the works of prominent German thinkers, including Georg Wilhelm Friedrich Hegel, Ferdinand Lassalle, Karl Theodor Welcker, Robert von Mohl, and others, whose theoretical contributions laid the intellectual foundations of German constitutionalism. Their concepts substantiate key elements of constitutional theory, such as the principle of the rule of law, the organization of state authority, and the protection and safeguarding of human rights and freedoms. It is demonstrated that German constitutionalism developed as a consistent doctrinal system that exerted a significant influence on the evolution of the concept of the Rechtsstaat and on the formation of constitutional models in various countries. The study concludes that many of its principles have been adopted and adapted within modern legal systems. Particular significance is attributed to their role in shaping the constitutional order of the Republic of Kazakhstan, where the influence of the German legal tradition is clearly reflected.
LIMITS OF PERSONAL FREEDOM AND IMMUNITY OF A WITNESS ENTITLED TO DEFENSE
This article examines the optimal measures to ensure the proper conduct of a participant in criminal proceedings, such as a witness entitled to a defense, in the context of their purpose and legal status. The author constructively and critically analyzes a legislative proposal to amend Chapter 19 of the Criminal Procedure Code of the Republic of Kazakhstan (hereinafter referred to as the CPC RK) with a new measure of criminal procedural coercion, "Temporary Restriction on Leaving the Country," and strengthens the procedural liability of individuals with this status, along with suspects, accused, and defendants. The introduction of a travel ban for them, similar to the law for other defense representatives, outside the Republic of Kazakhstan is considered an unacceptable innovation that contradicts their status and unreasonably limits the personal freedom and immunity of witnesses entitled to a defense. The author of this article has developed a draft provision of the Criminal Procedure Code of the Republic of Kazakhstan that provides for the introduction of an additional travel ban exclusively for suspects, accused, and defendants when certain measures of criminal restraint (other than pretrial detention) are imposed on them.
the right to leave the Republic of Kazakhstan
PLATFORM EMPLOYMENT IN KAZAKHSTAN: LEGAL GAPS AND REGULATORY PROSPECTS
This article examines the current challenges of law enforcement practice in regulating labor and civil law relations arising in the Republic of Kazakhstan in the context of the development of platform employment. Particular attention is paid to the transformation of traditional labor relations under the influence of the digital economy and the expansion of online platforms, including taxi aggregators. The study analyzes the criteria for distinguishing between labor and civil law relations, as well as issues related to determining the legal status of individuals engaged in work through digital platforms. The research includes an analysis of the current legislation of the Republic of Kazakhstan, identifying existing legal gaps and inconsistencies in the regulation of platform employment. Special emphasis is placed on the issues of social protection of workers, including guarantees of employment, remuneration, occupational safety, and access to mechanisms for protecting labor rights. In addition, the article examines foreign experience in regulating platform employment, particularly approaches to classifying workers’ legal status and ensuring their rights. The findings demonstrate that the legal regulation of platform employment in Kazakhstan remains insufficiently developed, despite its rapid growth in the context of digitalization. The study substantiates the need to improve national legislation and develop comprehensive legal mechanisms aimed at ensuring a balance of interests between workers, digital platforms, and the state.
PECULIARITIES OF THE APPLICATION OF THE LEGAL INSTRUMENT OF SUBSTITUTION OF THE DEFENDANT IN ADMINISTRATIVE PROCEEDINGS
This article analyzes the specifics of applying the legal instrument of substitution of defendant in administrative proceedings. It examines the legal nature of this instrument, its purposes, and its importance for ensuring effective judicial protection of the applicant's rights. Particular attention is paid to the criteria for determining the proper defendant, the procedural grounds, and the procedure for replacing the defendant. The article draws on judicial practice and legal statistics on the application of this principle in administrative proceedings. It also highlights the categories of disputes in which plaintiffs most frequently requested the court to replace the defendant. Conclusions have been drawn regarding the need for a uniform approach to the application of this institution in order to strengthen the principles of administrative justice and ensure proper protection of citizens' rights in the sphere of public law disputes.
CONSTITUTIONAL ECONOMICS: TOWARDS A NEW QUALITY OF INTERSECTORAL REGULATION, RESEARCH, AND EDUCATION IN THE REPUBLIC OF KAZAKHSTAN
Kazakhstan is undergoing profound transformations of its social structure, and the state is being renewed, gradually incorporating the characteristics enshrined in paragraph 1 of Article 1 of the Constitution of the Republic of Kazakhstan, as well as the principles of fairness and accountability. Political institutions and economic relations are undergoing extensive reform. People and their well-being have been placed at the center of state policy. The efforts of the highest authorities are aimed at resolving the fundamental difficulties that arose at the beginning of the 21st century in the sphere of constitutional and legal regulation of the economy and business, and especially in law enforcement practices. Some of them are generated by the modern, unprecedented era of technological innovation, the total inclusion of digitalization and artificial intelligence in all spheres of life. Without proper legal support, they may conflict with national interests, thereby creating threats to the country's economic, financial, and technological (digital) sovereignty and even national (constitutional) security. Others are related to the imbalances that have arisen in real life. They are caused by subjective factors in our reality. Society and the state are currently working to correct them. The existing barriers in approaches between representatives of various fields of humanities knowledge, primarily economics, philosophy, political science, and sociology, are gradually being eliminated. Their methodologies must be used to maximize the implementation of constitutional values. And vice versa. At the same time, similar, more specific tasks are faced by jurisprudence (legal science): areas of law (public and private), branches (primarily constitutional law, civil, administrative, tax, environmental, labor, social security) and groups of legislation, while defining and providing adequate space for each of them with individual objects and methods of legal regulation.
scientific and educational intersectoral model
ON THE DEVELOPMENT OF THE PROGRESSIVE SYSTEM OF EXECUTING PUNISHMENTS
In this article, the author examines topical issues regarding the transformation of the penitentiary system of the Republic of Kazakhstan amidst large-scale advancements in science and technology. The author explores the concept of the progressive system of punishments as a key component of the mechanism for humanizing criminal policy and reducing the «prison population». Special attention is paid to the application of modern scientific and technological achievements—specifically in the fields of Artificial Intelligence (AI) and IT technologies—within the process of executing punishments, implementing educational measures, and conducting probation control. The author emphasizes that achieving a sufficient level of public safety is impossible without the widespread use of modern tools for monitoring and supervising the behavior of individuals within the criminal justice system. The main objective of the study is to develop theoretical principles and practical recommendations for improving the progressive system through the implementation of digital solutions. To achieve this, the author defines the concept of the progressive system, examines international experience in electronic monitoring (such as GPS and VR therapy), and justifies the need to transfer probation control functions to specialized services. The article analyzes global practices, including the use of biometric bracelets in the USA, emotion recognition systems in China, and coding courses in the UK. In conclusion, the author highlights a comprehensive approach that combines traditional correctional measures with advanced control methods and AI supervision in rehabilitative efforts. The implementation of these proposed measures aims to reduce recidivism rates.
progressive system of execution of imprisonment
FRAGMENTATION OF LAW AS A CHALLENGE AND WAYS TO OVERCOME IT
The author, the former Chairman of the Constitutional Court of the Republic of Kazakhstan, a prominent statesman of the Republic of Kazakhstan, examines the process of dividing legal regulation into separate, specialized areas, which is relevant for the theory of domestic law, determined by the development and diversity of social relations, the integration of legal systems and special branches of law. The fragmentation of law is objectively determined by the instability of legislation, the inconsistency and lack of coordination of legislative activity at its various stages, and the trend towards strengthening the processes of implementation and reception of law. And as a consequence, the weakening of the systemic structure of law, conflicting legal provisions, difficulties for law enforcement officers, and the potential threat of loss of structuring of the legal system and the legal system.
CONDITIONAL EARLY RELEASE IN KAZAKHSTAN:CONSTITUTIONAL AND CRIMINAL-LAW ASPECTS
The article examines the current state and development trends of the institution of parole (early conditional release) in the Republic of Kazakhstan within the context of criminal policy. The author emphasizes that parole is an important element of the legal mechanism for the rehabilitation of convicts, performing resocialization, economic, and humanitarian functions. The relevance of the study is determined both by changes in legislation and by the need to ensure compliance with constitutional principles when introducing restrictions on the application of parole. The purpose of the study is to analyze the legal foundations of parole, identify existing restrictions on its application, and assess their compliance with the Constitution of the Republic of Kazakhstan. The tasks also include examining judicial practice and analyzing the legal positions of the Constitutional Court that influence the application of the institution of parole. The study found that Kazakhstan’s state policy demonstrates a tendency toward tightening the conditions for parole for certain categories of crimes, primarily corruption-related offenses and crimes against the sexual inviolability of minors. The analyzed regulatory rulings of the Constitutional Court reveal issues of inconsistency in law enforcement, particularly in interpreting provisions on the retroactive effect of the law and the correlation between the norms of the Criminal Code and the Criminal Executive Code. In conclusion, the article highlights the need to improve parole legislation and ensure uniform judicial practice, which will strengthen legal certainty and help achieve a balance between justice, humanism, and public safety. The author concludes that constitutional oversight plays a key role in aligning parole restrictions with the principles of proportionality and the inadmissibility of unjustified deterioration of the situation of convicts.
ON THE POTENTIAL OF THE EDUCATIONAL PROCESS IN CONDUCTING LEGAL AND LINGUISTIC MONITORING OF CURRENT LEGISLATION (On the example of the code of the Republic of Kazakhstan «Оn marriage (matrimony) and family»)
The issue of the quality of the text of the current legislation of the Republic of Kazakhstan in the Kazakh language is a natural phenomenon and, along with society and the media, is constantly in the focus of attention of the scientific community conducting various studies in the field of law and linguistics. Obviously, the issue of the quality of legislation in the Kazakh language, which remains translatable for various objective and subjective reasons, will not be off the agenda in the near future. A lot has been written about the linguistic and legal errors that exist in the normative legal acts adopted in different periods and years of State Independence. The society also shows great interest in correcting this situation. Nevertheless, everyone knows that it does not yet enjoy the support of the authorized structures of the state. Along with such areas as language policy, political will, support for the state language, the development of qualitative norms, and the establishment of justice, there are factors such as the weakness of the theoretical and philological foundations of rulemaking in the Kazakh language, and the shortage of specialists who are equally proficient in law and linguistics. Therefore, legal and linguistic monitoring should also be included among the measures of a political, legal, socio-economic and other nature to improve the quality of the text of the current legislation in the Kazakh language. In this regard, the purpose of this work is to consider the possibility of using the enormous potential of legal and linguistic monitoring in the educational process in correcting errors in current legislation. To achieve this goal, the article examines the problems of studying, identifying together with students and including on the agenda the issue of correcting the errors of the current legislation.
LEGAL SAFEGUARDS FOR CITIZENS AFFECTED BY INTERNET FRAUD
The article examines the improvement of criminal procedure regulation in the Republic of Kazakhstan in the context of the growth of cybercrime and the development of international cooperation in this field. It analyses the key strategic documents in the sphere of cybersecurity (the Cybersecurity Concept “Cyber Shield of Kazakhstan” and the Concept for Digital Transformation, Development of ICT and Cybersecurity for 2023–2029), as well as the significance of Kazakhstan’s accession to the Budapest Convention on Cybercrime and the UN Convention on Cybercrime for facilitating cross-border access to electronic evidence and ensuring prompt international cooperation. The article argues that the current criminal procedure legislation provides only fragmentary regulation of electronic documents and computer information, which does not meet the practical needs of detecting and investigating cybercrimes. It substantiates the necessity of legally enshrining the concept of electronic evidence, its classification depending on the place of storage, and the introduction of special procedural mechanisms for obtaining, preserving, seizing and using such evidence in criminal proceedings, taking into account relevant international standards.
ЕXPERT EXAMINATION AT THE STAGE OF PREPARATION OF CIVIL CASES FOR JUDICIAL PROCEEDINGS
A large and very important part of civil proceedings is the preparation of civil cases for trial. The court and the participants in the process perform a variety of preparatory actions in order to form evidence. Among the preparatory actions, the appointment of an expert examination stands out, which takes place in all cases where the need for an expert opinion arises from the circumstances of the case and the evidence presented. In this regard, it is necessary to dwell on some of the problems of the stage of preparing a case for trial, the preparatory hearing as part of the stage of preparing a case, and individual issues of appointing an expert at this stage of civil proceedings.
preparatory meeting of the case preparation stage
DEVELOPMENT OF INTELLECTUAL PROPERTY RIGHTS IN THE ENTREPRENEURIAL CODE OF THE REPUBLIC OF KAZAKHSTAN
Ten years have passed since the adoption of the Entrepreneurial Code of the Republic of Kazakhstan (hereinafter referred to as the EC). During this time, it has become the primary legal document regulating the relationship between government bodies and entrepreneurship as an organized social force. Entrepreneurs actively utilize intellectual property rights (hereinafter referred to as IP), enshrined in a variety of sources, including the EC. Moreover, the EC's intellectual property provisions fall within the "rights relating to unfair competition" group of IP rights, as defined by Article 1 of the WIPO Convention. This group of rights has been very poorly studied in Kazakh and Russian legal literature. The purpose of this article is to examine the specific features of the EC's IP provisions. To this end, the objectives are to demonstrate the composition and features of the legal norms on IP enshrined in the Entrepreneurship Code, from the perspective of their place in the classification of IP rights under the aforementioned WIPO Convention, their relationship with the classification of IP objects in the Civil Code of the Republic of Kazakhstan, and to characterize the social function these norms perform in achieving fair competition. Results: The Entrepreneurship Code contains norms that expand the range of protected IP objects. It is established that the Entrepreneurship Code filled a regulatory gap in the legislation of the Republic of Kazakhstan, which did not fully cover intellectual property rights related to unfair competition, a gap that arose at the time of the adoption of the Entrepreneurship Code. These norms position the Entrepreneurship Code as a crucial deterrent to unfair competition. It is proposed to supplement Article 961 of the Civil Code of the Republic of Kazakhstan with provisions on unfair competition. Thus, this article contains a number of proposals for improving the norms governing IP and performing functions to limit unfair competition.
Entrepreneurship Code of the Republic of Kazakhstan
classification of intellectual property objects
ON PUBLIC AND PRIVATE LAW REGULATION OF RELATIONS BETWEEN BANKS AND CLIENTS IN THE REPUBLIC OF KAZAKHSTAN
Traditionally, bank-client relations are considered subject to private (civil) law. However, their legal regulation is characterized by a relatively high level of public law penetration. By applying public law methods of regulation in a number of cases, the state limits freedom of contract and the autonomy of the will of the participants in contractual relations. This raises questions about the scope of such restrictions, the sectoral affiliation of the rules governing bank-client relations, and the methods of their legal regulation. The purpose of this article is to present a legal analysis of the impact of public and private law on bank-client relations. In the course of the research, the authors provide examples of the application of the imperative method in regulating relations between a bank and a client, determine the industry affiliation of the rules governing relations between a bank and a client, and characterize complex banking legal relations, the article compares the influence of public and private law methods of regulation and discusses a comprehensive method of legal regulation of banking relations. The conclusion presents the results of the study.
SOME ISSUES IN QUALIFYING MISAPPROPRIATION AND EMBEZZLEMENT OF ENTRUSTED PROPERTY
The theoretical significance of the correct classification of misappropriation and embezzlement of entrusted property remains important for investigative and judicial practice in the Republic of Kazakhstan due to the fact that ambiguous understanding and interpretation of the provisions of criminal law with evaluative provisions is permitted, which entails a deviation from the uniform application of substantive law. The situation is further exacerbated by the emergence of new, complex methods for disposing of entrusted property, which characterize the objective and subjective aspects of this criminal offense in unconventional ways. Consequently, difficulties arise in classifying this act, especially when determining its relationship with civil and other legal relationships, leading to judicial errors. The author conducted a comprehensive and in-depth analysis of the current criminal law, regulatory decisions of the Supreme Court of the Republic of Kazakhstan, and monographic literature. He offers scientifically substantiated proposals for systematizing the conditions for recognizing property as entrusted to a person, the doctrinal interpretation of the unlawful seizure and appropriation of another's property, and the moment of completion of this act.
qualification: characteristics and moment of completion of the act
misappropriation and embezzlement of entrusted property
SOCIAL AND LEGAL RISKS IN THE CONTEXT OF STABILITY AND SECURITY OF THE REPUBLIC OF KAZAKHSTAN
Risks in social legislation constitute fundamental criteria for the formation of constitutional legal guarantees and regulatory classifications. In April 2023, the Republic of Kazakhstan adopted the Social Code of the Republic of Kazakhstan, which for the first time at the legislative level introduced a conceptual definition of “social risk” by listing certain legal facts that form its basis. However, the list provided by this codified regulatory legal act is rather limited. It does not take into account many provisions that are not regulated by this Code, as well as those governed by other legislative acts or norms of international law. In addition, it contains certain legal norms that fall under the characteristics of a “defective legal norm” or legal casuistry. The purpose of this article is to present a scientific and analytical study of the legal category of “social risks” in theoretical, regulatory, and law-enforcement contexts. In the course of the study, the author aims to address the following objectives: to determine the substantive evaluative significance of the legal category under consideration; to present a concise classification of social risks based on their fundamental purpose and semantic nature; and to analyze certain “defective” legal norms contained in the national legislation in order to identify the factors and extent of their impact on the stability and security of the Republic of Kazakhstan. The author proposes specific legal revisions and amendments aimed at correcting the analyzed casuistic regulators and sources of law. The conclusion of the article presents the results of the conducted scientific legal research.
JURISDICTION OF THE COURT OF THE EURASIAN ECONOMIC UNION:LIMITS AND DEVELOPMENT PROSPECTS
This article examines the jurisdiction of the Court of the Eurasian Economic Union (the Court and the EAEU/Union, respectively), its current boundaries, and prospects for further development. In the current context of the development of integration processes within the EAEU, an important role is played by effective mechanisms for resolving disputes and ensuring the uniform application of Union law. This article examines the legal basis for the Court's activities, its jurisdiction, procedures for seeking judicial protection, and interpretation of law. It also examines prospects for expanding the Court's powers, taking into account the growing need for legal protection for participants in the integration process and the increased effectiveness of the EAEU legal system. The paper draws on the practical experience of the EAEU Court and legal positions developed by other courts of integration associations to support its theses. The work aims to identify areas for improving the EAEU Court's activities as a key institution in ensuring legal stability and the integration legal order.
SEIZURE OF PROPERTY IN CRIMINAL PROCEEDINGSAND THE CONSTITUTIONAL RIGHT OF OWNERSHIP
The author, an expert of the Constitutional Court of the Republic of Kazakhstan, examines the procedural and legal mechanism for seizing property in domestic criminal proceedings in the context of observing the constitutional right of persons who are not parties to criminal proceedings to property, as provided for in Article 26 of the Basic Law. The purpose of the work is to establish the prerequisites for concluding that the procedure established by the Criminal Procedure Code of the Republic of Kazakhstan (hereinafter referred to as the CPC) (Criminal Procedure Code, 2014) (Criminal Procedure Code, 2014) is inconsistent with subparagraph 4) of paragraph 3 of Article 77 of the Constitution of the Republic of Kazakhstan regarding the right of everyone to be heard in court. To achieve this goal, the following tasks were addressed: the degree of security of property rights of persons who are not parties to criminal proceedings, the nature of the violation of this right when considering the issue of seizing their property by a judge alone without holding a hearing. Attention is drawn to the special legal nature of the property seizure procedure, which is both a measure of criminal procedural coercion and a means of collecting evidence. Proposals are made to improve several provisions of the Criminal Procedure Code, including establishing a preventive seizure of property by the investigating judge for a reasonable period to prevent its loss, concealment, or intentional alienation. Until the final decision on the matter, a non-party to the proceedings will have the opportunity to prove directly in court that the seized property was acquired legally, not criminally, and was not used to conceal the proceeds of a crime.
guarantees of property rights of persons who are not parties to criminal proceedings
Mandatory Subjects of Constitutional Proceedings in Cases Arising from Citizens’ Appeals to the Constitutional Court of the Russian Federation
This article is devoted to the study of the subject composition of constitutional proceedings in cases considered by the Constitutional Court of the Russian Federation regarding the constitutionality of laws based on citizens’ appeals. The legal status of mandatory subjects — the Constitutional Court of the Russian Federation and the parties involved in the process — is analyzed, as well as their roles at various stages of judicial proceedings. Special attention is given to the specificity of constitutional proceedings as a distinct type of justice aimed at ensuring the supremacy of the Constitution, protecting citizens’ rights and freedoms, and verifying the constitutionality of normative legal acts. The article examines the legal foundations and procedural powers of the subjects, their participation in evidence collection and decision-making, as well as comparative aspects with foreign systems of constitutional control. The study emphasizes the importance of adhering to constitutional principles and norms, as well as the unique role of the Constitutional Court of the Russian Federation as the highest body of constitutional oversight. Within the context of the conducted analysis, the criteria for classifying participants as mandatory subjects are identified and their significance for ensuring the procedural guarantees of the applicant is substantiated. Particular attention is paid to the impact of the composition of mandatory participants on the admissibility of a constitutional complaint, the scope of case consideration, and the quality of the final law-enforcement outcome. The paper proposes directions for improving the procedural status of the parties in order to enhance the effectiveness of constitutional judicial protection.
Constitutional proceedings, Constitutional Court of the Russian Federation, subjects of the constitutional process, mandatory subjects, parties to the process, rights and obligations of participants, constitutional complaint, protection of citizens’ rights, verification of the constitutionality of laws, procedural powers.
Copyright (c) 2025 Veritas Legis Journal
Problems of Protecting the Rights of Women in Correctional Institutions of the Republic of Kazakhstan
The article is devoted to a comprehensive analysis of the state of protection of the rights of women held in places of deprivation of liberty in the Republic of Kazakhstan. The key problems in the functioning of women’s correctional institutions are examined, including the non-compliance of detention conditions with international standards, insufficient provision of sanitary, domestic, and medical facilities, as well as the risks of gender-based violence and discrimination. Special attention is paid to the practice of applying criminal and penal enforcement legislation in relation to women, including the analysis of the institutions of parole, alternative sanctions, and amnesty. Based on official statistical data and specific cases, systemic problems in law enforcement practice are identified, demonstrating a formalistic approach by the courts and the prioritization of punitive mechanisms over the principles of humanism and the protection of human rights. The article substantiates the necessity of introducing a women’s amnesty as the first stage of reforming the penitentiary system and proposes directions for further transformations, including the demilitarization of the penal enforcement system, the introduction of gender-sensitive detention standards, and the expansion of public oversight. It is concluded that the implementation of Kazakhstan’s international human rights obligations requires consistent and systematic changes aimed at the humanization of punishment and the reintegration of convicted women into society.
Legal Regulation of Platform Employment in Kazakhstan: Classification of Labour Relations and Liability of Digital Platforms
The article examines platform employment in the Republic of Kazakhstan in the context of rapid digitalisation and the expansion of the platform economy. It is argued that new forms of interaction between digital platforms and service providers transform traditional employment models and generate legal uncertainty regarding workers’ status and the allocation of liability. Using a comparative legal method, the study analyses regulatory approaches and court practice in the European Union, the United States, and selected European jurisdictions. Particular attention is paid to ride-hailing platforms and the absence of a statutory definition of a “taxi aggregator”, which allows platforms to present themselves as mere intermediaries and to limit their civil liability. The article reviews judicial trends in the gig economy that qualify platform-based arrangements as employment relationships based on their factual characteristics. In addition, the paper discusses Kazakhstan’s case law, including Ospan A.A. v. Glovo Kazakhstan LLP, which supports the need to assess the substance of the relationship rather than its formal contractual label. The study concludes that Kazakhstan should further develop its legal framework to strengthen worker and consumer protection, increase platform accountability for providers’ actions, and ensure compliance with safety and service quality standards.