Статьи, год 2014

The given clause is devoted a role of the Constitutional Council of Republic Kazakhstan in creation of the right of the state. For this purpose authors of the clause analyze such forms of law-making of body of the constitutional justice as Constitution interpretation, check of constitutionality of legal acts. Authors open a question on an active role of the Constitutional Council in sphere of protection of the rights and freedom of citizens of Republic Kazakhstan. In the clause the great value in activity the Constitutional Council of Republic Kazakhstan which the decisions positive impact on evolution of all system of law makes is marked; formulates general principles of the right which should consider state bodies in the decisions; develops recommendations for the legislator; gives direct instructions on necessity of standard settlement of this or that question.
2014

In article the analysis of foreign and Kazakhstan legal practice of application of alternative ways of the solution of the conflicts is given. It is necessary to distinguish mediation from possible ways of settlement of disputes. The author opens concept and essence of mediation, the principles of carrying out mediation, analyzing the law of the Republic of Kazakhstan «About mediation», of January 28, 2011. In article are noted both advantages, and arising difficulties when carrying out pre-judicial settlement of disputes by means of mediation mechanisms. Questions of applicability of mechanisms of mediation according to the legislation of the Republic of Kazakhstan are investigated.
2014

The article examines the current regulations on the procedure for transfer of criminal proceedings in the European legislation, focusing on the major international instruments in this field, in particular: the European Convention on the Transfer of Proceedings in Criminal Matters of the Council of Europe in 1972 and Framework Decision 2009/948/JHA of the EU Council of 30 November 2009 on prevention and settlement of conflicts of jurisdiction in criminal proceedings. The study highlights the importance of transfer of criminal proceedings as a form of international legal assistance in criminal matters between the European countries.
2014

This article is devoted to problems of disclosure of content of "mistake" for effective application of criminal norms of law and institutes in investigative and judicial practice. Lack of accurate and consistent definition of concept of mistake in literature and special norms about mistakes in the Criminal code of the Azerbaijan Republic generates in law-enforcement activity serious difficulties at qualification of act of the person in the conditions of commission of mistake. Therefore, in article definitions of legal and factual mistakes in legal literature are considered, the comparative and legal analysis of institute of mistake in the criminal legislation of foreign countries is carried out, judicial practice is studied.
2014

The article considers the interaction and mutual influence of civil society and the state with regard to global and Kazakhstani experience. For full disclosure of problematic issues topic examines the widespread notion of civil society, particularly the social, economic, political, spiritual, cultural and information systems civil society. To build a full-fledged civil society and legal state the proper level of social, economic, spiritual development, only a person with a high level of legal consciousness and legal culture, aware of its responsibility for the destiny of the society and state is a member of a civil society and legal state. 
2014

The research of state emergence issues has not only cognitive and academic features, but it also has political and practical ones. It helps to understand in depth state’s social nature and its features, to analyze causes and conditions of state emergence. If we consider any social phenomenon, in particular state from the point of its emergence and development, we can see the lesson of the past, the basis of the present and start of the future. This article is about the consideration of the emergence features of nomadic states in the East in comparison with the emergence features of sedentary states. Work is written taking into account extensive historical, po- litical and legal materials describing patterns of eastern state emergence, studying evolution of society.
2014

In the present paper analyzes the current issue of improvement of human nature and is closely associated with the presence of all sorts of evil in the world. Without going into the history of the subject, the author examines two different points of view, trying to find something in common that unites, links and unites them. However, the point of view — religious, where God is regarded as the most perfect being, but a person only his likeness. Another stresses the need for the infinite perfection of human nature, the development of it as a spiritual and moral being. However, as the author concludes that a person should not rely solely on the heavens, and count on myself, objectively assessing their own strength and to set realistic goals.
2014

Seemingly humanitarian knowledge freed from ideological oppression. But to overcome the stereotypes much more complicated. Our paper is devoted to the modern reading and teaching the history of philosophy. We relied on the experience of the famous Russian philosopher Merab Mamardashvili humanist. In particular, in his lectures on the history of modern European and ancient philosophy. The history of philosophy is a living form of philosophizing. It allows you to not just memorize the test, but with the help reconstruct the birth of philosophical thought.
2014

The modern world — a world of culture created by human hands. Due to large-scale human activity is a world which has become largely artificial, symbolic, symbol, in its development is far gone from savagery naturally pristine. Where are we going? Why? What is culture? Burning questions. The author presents his own point of view on the cultural phenomenon that has become a hot topic of contemporary philosophical discourse. The main idea is that the study of culture demands new paradigms of research — namely, the principle of synergistic study, since human society is a complex non-equilibrium open system, which largely no linear connection.
2014

The article examines the historical and philosophical approaches to the problem of communication. Its actuality is connected with the Kazakhstan national identity as a defining factor of social status. The idea of open and confidential dialogue constructibility in communication process is being founded as well. The research task of building forms that serve as the language of communication in different social, political and cultural systems is also being actualized in the article.
2014

The article considers of scientific views and thinkers worldview since old orient and ancient culture. The author analyzes the social-and-legal issues in detail of government (state hood) along with the philosophical problem of the state. The author notes that he life’s origins of modern society begins with the mythical representation, which reflects the human’s first understanding his treatment to the world and the society. The author pointing out of the fundamental bases of state principles of social development regulation defines the urgency of the theme in the correspondence with interaction on the different period of human being and government.
2014

As the spiritual mediator role of generation sequence which gained the sagacity of the thousand years experienced nation. It did not just surprised with a help of wise and attentive ability of the nation in foreign lands, but also it believed to the happy future of nation which jumped to the new level of its history in spare country. The action of great figures which concerns the necessity of the nation could put conscious opinions to everybody who brought wide scope to the national perception and to the spiritual life. Civil history of our nation is researching according to national aims from ancient times till nowadays and could take significant researches.
2014

Разделы знаний

International relations

International relations

Law

Philology

Philology is the study of language in oral and written historical sources; it is the intersection between textual criticism, literary criticism, history, and linguistics.[

Technical science

Technical science