Implementation of the three-link model of pre-trial investigation in the Republic of Kazakhstan

The article presents innovations of the Code of Criminal Procedure of the Republic of Kazakhstan which, in pre-trial investigations, play a major role in protecting the rights and freedoms of citizens. The article justifies the need for special legal regulation of these objects of citizens ‘ rights. The author considers positions of scientists, judicial practice and legislation of Kazakhstan and foreign countries. It identifies shortcomings and contradictions of legal legislation. In accordance with the requirements of the new legislation, the transition to a three-link model under the pilot program will protect the rights of many citizens in the country, which will practically reduce the responsibility of persons who are not involved in crimes in the course of investigations. As a result of the analysis of the legislation of Kazakhstan, the author concluded that it is necessary to change the legal regime and recently adopted Criminal Procedure Code, which is more or less beneficial for citizens.

Criminal policy in the legal security system

The article considers issues of legal security through the modernization of criminal law, criminal procedure and criminal execution norms aimed at improving the criminal policy of the Republic of Kazakhstan. The authors carried out an analysis of norms of criminal law, criminal procedural, and criminal executive legislation of the Republic of Kazakhstan. The article highlights some innovations in a comparative aspect, indicating promising directions, ensuring the effectiveness of their application and implementation in law enforcement activity of the subjects of proof. The article reveals mechanisms of criminal policy improvement based on the system-complex approach and application of comparative-legal analysis. System-complex approach has been considered in terms of disclosure of material and procedural norms, determining comprehensiveness, completeness, and objectivity of regular processes of interaction, reflection, and manifestation of objective-subjective factors of formation and development of criminal activity. The mechanism of criminal activity has been disclosed in terms of regulation and management of the process of detection, investigation and prevention based on the principles of legality, objectivity and completeness in the pre-trial and trial processes that determine the factors of implementation of the classification basis of criminal offenses. Comparative legal analysis determined the effectiveness and efficiency of mechanisms to improve criminal policy based on the analysis of theoretical research and practice of foreign countries.

The essence and problems of substantiating certain types of decisions in criminal proceedings

The article considers problems of substantiating certain types of decisions in the criminal process. The author’s views are based on recent changes in the criminal procedure legislation of the Republic of Kazakhstan and the existing experience of the Russian Federation. The article focuses on provisions of the current criminal procedure code of the Republic of Kazakhstan. The author refers to Russian proceduralists whose works are devoted to the problems of studying the validity of procedural decisions at the pre-trial stage. The author indicated types of decisions, which are not recognized as criminal procedural, but for which justification should be a mandatory criterion according to the criminal procedural legislation of the Republic of Kazakhstan. The article provisions justify the need to enshrine the definition of «reasonableness» in the Criminal Procedure Code of the Republic of Kazakhstan as a mandatory requirement that must be met when taking decisions by the prosecuting authorities.

International legal regulation of healthcare development in the OECD

The article examines the issue of international legal regulation of matters of strategic development of healthcare using the example of the OECD member states. The issues of the activities of the International Labor Organization through the implementation of conventions and recommendations are considered. ILO Conventions and Recommendations play an important role in the development of health care in the context of the pandemic. The outbreak of the coronavirus disease (COVID-19) is testing the national health systems, their resilience, preparedness, and speed of response to emergencies. The rapid spread of COVID-19 emphasizes the urgent need to strengthen the health system. Conditions particularly relevant during the pandemic include working hours, including the regulation and compensation of overtime, inconvenient working hours, and shifts; weekly rest; maternity leave; sick leave; social security. The right of workers (including migrant workers) to form trade unions is of great significance. The right to association is also one of the important means of labor regulation, as well as for medical workers. To ensure the efficiency of measures taken in response to the COVID-19 outbreak and its aftermath, there is needed an environment of trust through social dialogue and tripartism.

Ethic principles of using genetic information during criminal jurisdictional activity

The article considers how the principles of respect for the honor and dignity of the individual and privacy are implemented in the use of genetic information in criminal proceedings. The authors analyzed existed tendencies, directed to increase the extent of federal basis of genetic information due to extension of the list of subjects, liable to compulsory genetic registration, legal regulation of mechanism of using genetic information during criminal trial. The authors concluded that indiscriminate extension of subjects, liable to compulsory genome records, covered by accused (suspected) persons in a committing of a crime, or deposing genome information of acquitted persons in data bases, or deposing genome information of persons, whose criminal cases were closed due to rehabilitative circumstances, do not meet requirements of the protection of their rights and legal interests. It is proven that the production of genetic expert evidence should be proceeded based on court judgment, secured with additional guarantees that this genetic information won’t be revealed out of the investigation of a concrete criminal case. The method of obtaining biometrical materials should include following actions: informing a person about the purpose and means of its obtaining, his/her rights, his/her duties, his/her responsibilities, access conditions to obtained materials, reindefication and restrictions of anonymity or privacy. The storage procedure of genetic information should guarantee the protection of the private life of a person; provide controlled access to it and to biometrical materials by authorities.

Official clarification of normative legal acts: the experience of the EAEU countries and gaps in legal regulation of the Republic of Kazakhstan

The official clarification of regulatory legal acts is a key stage in the implementation of the provisions and norms of national legislation. Legal regulations cannot provide for all the nuances of life circumstances, which are always more complicated than legal standards. In these circumstances, the respective subjects of legal relations are assisted by such institution as interpretation (clarification) of legal norms, filling in gaps by analogy, which also cannot be implemented without an appropriate interpretation of the rules of law. At the same time, the optimal legal consolidation of such activities in national legislation is of great importance, providing effective legal regulation of the content and procedure for clarifying regulatory legal acts. This paper shows the system of clarification of legal regulations in the Republic of Kazakhstan and the countries of the Eurasian Economic Union (hereinafter-the EAEU), identifies the problems of legislative regulation of this type of activity, suggests measures to improve the legal mechanism for the official interpretation of regulatory legal acts, including laws

Labor migration: socio-legal characteristics of the problem

The article contains an analysis of the current situation in the field of labor migration in the member states of the Eurasian Economic Union (EAEU), complicated by restrictions on free movement due to the COVID-19 coronavirus pandemic. It is stated that against the background of the pandemic, the vulnerability of the labor market was most pronounced, exposing the problems of weak legal regulation, manifested in job cuts and mass unemployment. Today, labor migrants who have become «hostages» of the lockdown are experiencing significant difficulties in finding jobs, since many industries have not yet entered the full-fledged channel of efficiency. The article provides an overview of measures to regulate the socio-economic situation in the field of labor migration of the EAEU member states in the context of the coronavirus pandemic, since migrants from these countries found themselves in the most difficult situation. The presented article is necessary for the most correct assessment of the processes of labor migration that determine the degree of socio-economic development of the EAEU member states. In the article, the authors conclude that the problems in the field of labor migration, which have worsened in the context of the pandemic, require immediate and thoughtful solutions, since they can have long-term consequences on the economic and social development of states and integration processes. It is stated that the above-mentioned countries have potential opportunities to stabilize the situation with the position of labor migrants, since this directly depends on the effectiveness of the activities of the authorities, preparation of legislation and the level of economic well-being.