Central Kazakhstan Academy: A Better Life Through Better Education by Modern Education and Research Institute

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1 September 2018 â&#x20AC;˘ Brussels, Belgium

Special Edition:

Central Kazakhstan Academy A better life through better education

Scientific Journal

of the Modern Education

& Research Institute

ISSN 2506-8040

scientific journal of the modern education & research institute â&#x20AC;˘ The Kingdom of Belgium

scientific journal of the modern education & research institute • The Kingdom of Belgium

The role of the university leadership in internationalization of higher education In 1998, The four countries – France, Germany, Italy and the United Kingdom – signed the Sorbonne Declaration which initiated mobility among students, graduates and teaching staff as well as promotion of qualifications relevant for the job market. Today, the representatives of 48 countries: ministries, employers, international organisations, quality assurance agencies sit together with the European Commission in the framework of the Bologna Process and discuss how to improve the internationalisation of higher education.

The Yerevan Communiqué of 2015 considers internationalisation and mobility a powerful tool to enhance mutual understanding and foster the employability of graduates. Indeed, internationalisation helps universities become more competitive through modernisation of education, aligning it with the needs of the global market, increasing compatibility between the education systems of different countries. Despite the success of Erasmus and Erasmus+, the 2015 Bologna Process Implementation Report points out that still only the minority of students benefit from mobility. The countries of the European Higher Education Ares (EHEA) put the target of 20% mobility by 2020. However, due to the data limitations it is not possible to foresee whether that target will be reached. Mobility of the teaching staff posses even a bigger problem since there is no agreed definition of staff mobility which makes it difficult to set quantitative targets. Another problem comes from the lack of portability of financial student support in the majority of the EHEA countries. There is a number of ways to define the internationalisation of higher education. The current discussion is evolving between «internationalisation at home» and «internationalisation abroad». Although those terms are interrelated, in the first case the development of the international awareness through the curriculum at the home institution is meant; in the second, – cross-border mobility of people, projects and programmes. The various documents adopted by the EHEA countries encourage the development of the national internationalisation and mobility policy and strategies. According to the 2018 Bologna Process Implementation Report, 32 countries out of 48 put in place an active strategy for the internationalisation of higher education. In this regard, the international offices and more senior-level officials like rectors and vice-rectors become more involved in the agenda for internationalisation on the institutional level. The leadership of the universities is becoming more responsible for and gets broader roles in regard to the complex issues posed by the internationalisation of higher education. According to the International Association of Universities, those issues include: 1. Internationalisation is gaining increasing attention on the higher education agenda; 2. Internationalisation policies and practices are not any more ad hoc or marginal and become the responsibility of the higher education leaders; 3. Internationalisation has become more than just signing memoranda of understanding for the university leadership; 4. Internationalisation impacts all domains of higher education – research, teaching and learning – and is part of universities’ mission to serve society; 5. Internationalisation has a significant impact on a university’s budget in terms of both costs and income; 6. Internationalisation is a key agenda issue at the sectoral and systemic levels, nationally, regionally and globally for the university leadership. To improve the quality, comprehensiveness and sustainability of the internationalisation strategies, the university leaders and decision-makers are focusing on «internationalisation beyond the international office» and become members of international fora and networks, participate in professional development, exchange experience and good practices at the conferences, engage with the work of the representative offices of their universities abroad.

Ekaterina Tsaranok, Director 5

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«There is only one good – knowledge, and only evil – ignorance»

Socrates

The Central Kazakhstan Academy is one of the largest educational, methodological and research hubs in the Central Kazakhstan and one of the leading Universities in the region. Being an innovative educational institution that carries out high-quality research, the Central Kazakhstan Academy serves the needs of the students and their families, society and the state in a wide range of educational programs designed with the use of the student-cantered approach. The combination of high quality and accessibility of education due to the variety of types of educational programs and forms of training is a distinctive feature of the University in the conditions of the global knowledge economy. The Central Kazakhstan Academy offers 18 Bachelor degree programmes and 5 Master degree programmes. Graduates of the University work in all regions of the Republic of Kazakhstan: in the state and non-state organizations and institutions, in the institutes of justice, internal affairs, prosecutor’s offices, courts, etc. The mission of the Academy is to provide affordable education of high quality to help our students reach their carrier goals by thoughtfully organising the academic process based on the needs of science and business in the region. The main tasks of the Academy are:

• • • • •

foster fundamental and applied scientific research, use the latest scientific achievements and technologies in teaching, develop knowledge-intensive projects that aid the economy and ensure the country’s security, raise the level of vocational training programmes, train highly qualified scientific and pedagogical staff.

In recent years, the researchers of the Academy has published a number of scientific articles in journals with a high impact factor. This contributes to disseminating the results of our scientific research among the international academic community. The Academy has achieved solid results in the field of international cooperation, academic mobility and implementation of the grant projects. We have opened various possibilities for cooperation with the European universities and experts in the fields of internationalisation, double diplomas and joint degree programmes, online exchange and representative opportunities. The Central Kazakhstan Academy continues to grow intensively and make a significant contribution to science and education in the Republic of Kazakhstan. It is the first higher education institution in the country that opened its Representative Office in the EU. The office functions in Brussels, Belgium, on the bases of the Modern Education & Research Institute and serves the goal to promote the Kazakhstan scientific and academic possibilities on the world arena and initiate new international projects with the European Universities.

Bakhtybay Zholzhaksinovich Zhunusov

Rector of the Central-Kazakhstan Academy

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CONTENT I. The Guide to the Central Kazakhstan Academy 1. 2. 3. 4.

Welcome ....................................................................................................................................................... 9 Rector of the Central-Kazakhstan Academy................................................................. 11 Priorities for Development.......................................................................................................... 13 Opportunities for Cooperation................................................................................................. 15

II. Research at the Heart of the International Cooperation 5.

Birzhanov K.K. Information support of investigation of criminal cases Central Kazakhstan Academy, Karaganda................................................................................................... 18

Buketova N. LINGUISTIC SEMANTICS OF THE IMPULSE WORD STRUCTURES IN COMPARATIVE TYPOLOGY Central Kazakhstan Academy, Karaganda................................................................................................... 21

7. Dyusembaev A.D. INNOVATION IS A NEW SCIENTIFIC DIRECTION AND NEW METHODOLOGICAL SOLUTIONS OF ECONOMIC PROCESSES Central Kazakhstan Academy, Karaganda.................................................................................................. 23 8. Erokhin A.A. THEESSENCE OFTHETACTICALDECISION IN THE CRIMINAL PROCEEDING AND CRIMINOLOGY Central Kazakhstan Academy, Karaganda................................................................................................... 27 9. Karpekin А.V. Training and education of specialists for internal affairs agencies in the modern conditions: trends and ways of improving Central Kazakhstan Academy, Karaganda................................................................................................... 30 10. Kondratev I.V. Automated training centres in educational technologies of universities Central Kazakhstan Academy, Karaganda................................................................................................... 33 11. Lapshin V.N. Problems of Administrative Jurisdiction Central Kazakhstan Academy, Karaganda................................................................................................... 37 12.

Okashev R.D. Classification of the education forms in the teaching of juridical disciplines Central Kazakhstan Academy, Karaganda................................................................................................... 40

13. Omarov I.A. ACTUAL PROBLEMS OF ADMINISTRATIVE-PROCEDURAL RIGHTS OF THE REPUBLIC OF KAZAKHSTAN Central Kazakhstan Academy, Karaganda................................................................................................... 43 14.

Shaimenov E.K. CRIMINOLOGICAL CHARACTERISTICS OF PERSONS CRIMINALIZED IN THE ILLEGAL TREATMENT OF WEAPONS Central Kazakhstan Academy, Karaganda................................................................................................... 45 7

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I. The Guide to the Central Kazakhstan Academy

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Welcome to the Central-Kazakhstan Academy

The Central-Kazakhstan Academy was launched in the result of the merger of the Legal Academy «Femida», the Central Kazakhstan University «MGTI-Lingua», the Modern Humanitarian Technical Institute (certificate of state registration of legal entity No. 2202-1930– 01-Ue / series B No. 0431192 from February 27, 2012.)

MISSION The mission of the Academy was determined at the time of its creation and reflects the role of the University in the educational, scientific and socio-economic development of the region: «Providing affordable, high-quality education aimed at preparing experts of the highest level, through the technologically organized process of training according to the demand of industry, science and business.» The resources of the Academy are allocated account to its mission to support the educational environment, financial, information and human resources infrastructure.

EDUCATIONAL PROGRAMMES The Academy offers 18 Bachelor degree and 5 Master degree programmes, all taught by the highly qualified teaching staff with the scientific and academic degrees of Doctor, PhD and Master of Science. We are devoted to the system of continuous education, systematic introduction of new educational methods, balanced development of all academic programs, supporting educational process

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with modern technical, introduction of innovative technologies in the educational programs, use of modular technologies, components of dual, remote and multilingual education as well as components of the competence-based approach.

We prepare professionals in: 5В030100 – «Law sciences», 5В010200 – «Pedagogy and methodology of elementary education», 5В010300 – «Pedagogy and psychology», 5В010500 -5В011700 – «Kazakh language and literature», 5В011900 – «Foreign language: two foreign languages», 5В020700 – «Translation and interpretation», 5В021000 – «Foreign philology», 5В042100 – «Design», 5В050300 – «Psychology», 5В060200 – «Computer sciences» 5В070300 – «Information systems», 5В072100 – «Chemical technology of organic substances», 5В090500 – «Social work», 6М050600 – «Economics», 6М030100 – «Jurisprudence», 6М011700 – «Kazakh language and literature», 6М020500 – «Philology», 6M021000 – «Foreign Philology».

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Rector of the Central-Kazakhstan Academy

Bakhtybay Zholzhaksinovich Zhunusov is the Rector of the Central-Kazakhstan Academy since its foundation in 2012. The goal of the Academy under the Rector Zhunusov has become to provide affordable high quality education to the local youth in order to prepare the skilled workforce for the region and raise its economic potential. The effort of the Rector was immediately noticed and recognised by awarding the Academy the European Grand Prix for quality in the framework of the Enactus Kazakhstan National EXPO (Vienna, Austria) in 2014 and the international award for effective leadership «United Europe» by the European Business Assembly (Oxford, United Kingdom) in 2016. In his function as professor, Bakhtybay Zhunusov has been training highly qualified lawyers for more than 35 years. His students work in law authorities, the prosecutor’s office, law enforcement and law companies of the Republic of Kazakhstan.

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Taking into account the contribution of Rector Zhunusov to training of lawyers as well as his scientific achievements in the field of criminal law, the Union of Lawyers of Kazakhstan awarded him with the title of «Honorary Lawyer» in 2017. The National Committee of the European Business Assembly highly recognised the work of Rector Zhunusov in strengthening international relations in the sphere of science, education and business and awarded him with the prestigious title of Honorary Professor of the University of Vienna.

Among the achievements of Zhunusov B.Zh. there are: • Order «Parasat», the Order «Kurmet»; • Medal to the 10th anniversary of the Constitution of the Republic of Kazakhstan; • Badge «Honored Worker of Education and Science of the Republic of Kazakhstan»; • Order «Honorary Citizen of the Customs Union Countries»; • Diploma and Medal for successful business management of the Union of Industrialists of France; • «Medal of Napoleon» of the French Association for the Promotion of Industry; • International Diploma for Successful Business Administration of the Moscow Academy of State and Municipal Management in conjunction with ADVENT UK LIMITED; • International Socratic Prize; • Honorary title «Professor» of the University of Vienna (Austria).

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PRIORITIES FOR DEVELOPMENT

1. Education and training of professionals that are in high demand on the labor market, show innovative and creative thinking and serve the interests and needs of our society and the state. 2. Pursuing the role of an academic hub that ensures the perseverance of high quality standards in education, science and culture. 3. Modernisation of management of the university and science to ensure the effective implementation of educational programs that meet the constantly increasing demand for skilled workers on the labor market. 4. International integration and internationalisation of the Academy, including through the development of academic mobility of students and faculty, the introduction of multilingual education, double degree programmes, etc.Â

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5. Improving the quantity and quality of training of students.Â 6. Modernisation of the infrastructure of the Academy taking into account integration of the innovative educational technologies and needs of students.Â 7. Effective interaction with other organisations that provide further professional training and assist in the employment of graduates. 8. Creation of the academic and scientific infrastructure and improving the quality of the scientific and pedagogical staff, including through a consistent policy of targeted training for the teaching staff at foreign universities. Creation of conditions for professional development and development of creative potential of the teaching staff. 9. Cultivation of universal values in the legal, spiritual, moral and patriotic education and contribution to the healthy lifestyle of students and staff. 10. Improvement of the quality of education based on the requirements of the Bologna process, international and national standards, and as a consequence increasing the competitiveness of the University on the market of educational services as well as ensuring the competitiveness of our graduates. 11. Conducting the labor market research as well as the research on the supply and demand for educational services. 12. Commercialisation of the results of the scientific research done at the Academy.

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Opportunities for cooperation with the CKA

Speaker at the scientific conference In the Central Kazakhstan Academy, two international conferences are held throughout the year: the scientific conference for students and undergraduates «Science and Youth: New Ideas and Solutions» (February) and the scientific conference for the teaching staff «Science and Education – the Most Important Factors for the Development of Society in Modern World» (April) . You are welcome to join us!

Guest lecturer The CKA invites foreign professors to become guest lecturers, give trainings to the teaching staff, contribute to the scientific conferences and other events of the Academy.

External curator of thesis A foreign professor is invited to act as a scientific consultant in writing diploma and master’s theses. This is possible if the subject of the theses coincides with the sphere of scientific research of this scientist, which is confirmed by his scientific works.

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Administration Position The CKA invites prominent foreign managers of science to apply for the position of the Vice-Rector of the University. The admission of foreign citizens and employment procedure will take place in accordance with the current legislation of the Republic of Kazakhstan and the norms of the international law.

Representative opportunities for your University in Kazakhstan The Central Kazakhstan Academy positively assesses the possibility of cooperation, including the opening of a representative office of a foreign university on the basis of the Central Kazakhstan Academy. The CKA will provide the representative of a foreign university with a workplace equipped with everything necessary for the efficient and active work.

Academic mobility and grant programmes •

Our Academy is interested in collaboration with partner universities in order to establish:

•

Double Diplomas and Joint Master Degrees

•

Academic mobility of students, teaching staff and researchers (online and off-line)

•

Consortia for application for the EU and national Kazakhstan grant programmes

•

Research cooperation aimed at publication of the scientific articles in the journals with a high impact factor

Please, forward your cooperation proposals to:

Merei Tuleubekova Head of the International Cooperation Office Tel.: +77016222059 E-mail: merei_tm@mail.ru

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II. Research at the Heart of the International Cooperation

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Information support of investigation of criminal caseS Birzhanov KK Head of the Department of Criminal Law and Process of Central-Kazakhstan Academy, Candidate of Juridical sciences, Associate Professor

The reform of the national system of law in recent years is conditioned by the humanization of criminal and criminal procedural legislation, which undoubtedly serves the realization of the provision proclaimed in Article 1 of the Constitution of the Republic of Kazakhstan that the highest values of the state are «man, his life, rights and freedoms». Particular attention is paid to the issues of observance of the rights and freedoms of citizens involved in the sphere of criminal procedural relations. In this regard, it is very important to consider the information support for the investigation of criminal cases in modern conditions, which essentially affect the rights of citizens. The body conducting the pre-trial investigation, during the investigation, interacts with various units and subjects of other activities. One of such interactions is interaction with operational-search sub-divisions, which is carried out in various forms and types. In accordance with the Law of the Republic of Kazakhstan «On Operative-Investigative Activities», operative-search activity represents a scientifically justified system of vowel and secret operational, search, organizational and administrative measures implemented in accordance with the Constitution of the Republic of Kazakhstan, the Law of the Republic of Kazakhstan «On Operative– search activity «, other laws and regulations of the Republic of Kazakhstan by specially authorized state bodies within the limits of their competence in order to protect life, health, rights, freedoms and lawfulness interests of citizens, property, ensuring the security of society and the state from criminal encroachments, as well as from intelligence and subversive activities of special services of foreign states and international organizations [1, 1]. The interaction of the operational-search activity and the bodies of pre-trial investigation is subordinated to the objectives of the criminal process, more than that, with information support of the investigation of criminal cases, these goals are a comprehending factor. At the same time, with the direct practical implementation of these types of activities, the objectives may be different, since the purpose of the subjects of operational-search activity is to identify the factual data necessary for pre-trial investigation, and the purpose of the bodies of pre-trial investigation is their full-scale use in criminal process, including as evidence on the assertion of some authors: «The discovery of evidence should be distinguished from the detection of objects of evidence carriers things. If you can find evidence ... only in a procedural way, then these objects can be discovered ... and not in a procedural way: as a result of operational search activities, from interviews with citizens, from messages in the press, etc. «[ 2; 34]. As a rule, during the investigation of crimes the following forms of information interaction and cooperation are envisaged: •

execution of requests for criminal cases and cases of operational accounting;

•

the exchange of operatively-search information about preparing or committed crimes, stolen property and persons involved in them; •

Assistance in conducting operational search activities and pro ¬ cess actions.

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Another characteristic of the operative-search support for the investigation of criminal cases is the speed and timeliness of the provision of information necessary for the investigation. The operatively-search information, timely provided by the operational apparatus to the disposal of the investigator or investigator as the head of the investigation team, is able to influence the detention of the guilty person «hot on the trail». However, such information should not only be timely, but also meet the requirement of adequate perception, otherwise time costs for its decoding will make timeliness inaccurate, since such information can not be used for its intended purpose. In this regard, it should be noted that the operational and search support has its subjects, means and methods, as well as forms of measures aimed at implementing information received in the pre-trial investigation, which allows us to conclude that we have an independent form of ensuring an investigation – operative– search. The investigation of any crime requires both its information and its operational search. It can be assumed that operational and investigative support for the investigation of criminal cases is represented by the co-operation of investigative entities by authorized entities in order to provide the investigative subject with information resources. At the same time, it can not be stated that information received in an operative way can be used not only as evidence or for taking procedural decisions for which information with an open character of treatment is necessary. Information obtained as a result ofof carrying out operativeinvestigative measures, represents an important basis for making tactical decisions during the investigation, which are not reflected in the process. The main form of the operational-search activity and the operational support for the investigation of criminal cases is the conduct of operational-search activities. Proceeding from the bases of carrying out operatively-search actions, it is possible to reveal and types of operatively-search support of investigation on the initiative of the subject of operatively-search activity. Dividing all the grounds for carrying out operational search activities on the initiative of the agent of operational and investigative activity, it is possible to determine the operational support for the investigation on the initiative of the investigative subject and the operational support of the investigation on the initiative of the operative-investigative agent. Thus, the provision of operational support for the investigation of a criminal case, with information received about the criminal offense and, if necessary, obtaining counterintelligence information in the interests of the society, the state and strengthening its economic and defense capabilities should be recognized as proactive support. Measures conducted on the written request of the investigator and the prosecutor’s instruction on criminal cases in the production of these bodies, as well as at the request of international law enforcement organizations and law enforcement bodies of foreign states are assessed, in the opposite order, by an additional operational search investigation investigation of criminal cases. One of the bases for carrying out operational search activities is the written instructions of the investigator and the instructions of the prosecutor, as well as the determination of the court in criminal cases in the manufacture of these bodies. The most common is the practice of sending investigators separate instructions for conducting operational search activities. The direction of such an assignment is one of the main forms of operational information support for the investigation of criminal cases. In this connection, it is worthwhile to dwell on this issue in detail and to consider it in more detail. The main issue arising in this connection is the list of requirements that must be presented for a separate assignment, since the volume and quality of operational results and operational-search information depend on this. We believe that the document should contain all the necessary information that would allow the investigator to perform his task effectively. In a separate instruction, a list of at least minimal actions necessary for execution must be indicated. And, finally, a clear form of documenting the results of the conducted operational-search measures should be determined [3, 101]. Negative is the practice of sending the investigator to the body of inquiry the so-called «general» separate instructions. They outline the plot of the crime committed and it is proposed to disclose it with operational-search means, it seems that the order or instruction about the investigation should be primarily concrete, i.e. contain information about who should be asked beforehand, what objects to take out during the seizure, what kind of premises to inspect, and so on. The conduct of the investigative actions by the officers of the body of inquiry on their own initiative, albeit under the formal instructions of the investigator, nullifies the procedural independence of the latter. 19

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The interaction between the criminal procedure and operational-search branches of the activities of state law enforcement bodies is a prerequisite for the successful information support of the investigation of criminal cases and the achievement of the objectives of justice.

References 1. Закон Республики Казахстан «Об оперативно-розыскной деятельности» от 15 сентября 1994 г. С.1. 2. Гинзбург А. Я., Белкин А. Р. Криминалистическая тактика. — Алматы, 1998. — С. 34. 3. Кулибаев Т. А., «Вестник КЮИ МВД РК», Выпуск №1, — Караганда, 2007. — С.101.

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LINGUISTIC SEMANTICS OF THE IMPULSE WORD STRUCTURES IN COMPARATIVE TYPOLOGY Nurslu Buketova doctor of philology, professor Kazakhstan

Abstract Scientific interests of а leader is related with multilingual education – preparing specialists of foreign languages and scientific investigations in typological science of language . On that base the corps of multilingual researchers appeared, which scientific level lets consider the problems of words’ derivation, history of evolution of languages ,structural changes of the word in a speech process, features of formation and keeping of cognitive meanings of words in language world. Key words: linguistic semantics, relict root of morpheme, impulse structure, the translation of the meaning, word structure as the sign, impulse of the meaning

In typology and language universals as the basic parts of common linguistics, the research of the semantic meaning of the impulse word structures there are revealed through the elementary semantic units. The meaning of the elementary semantic units is taken fromdiachronic depths and synchronic field-effect structures of lexico-semantic and word-formation fields. The necessity of the systematic research of impulse word structures as the sign of linguistic semantics and making of their (impulse word structures) thesaurus is the topical problem in modern linguistics. According to linguistic studies (started by J. Grimm), all theoutstanding linguists mentioned the words with ‘obscure’, ‘stony’, ‘quasimorph’, ‘radial’, ‘relic’, structures. The development of the linguistic idea in functional-communicative way (Moscow Semantic School) led to the evolution of componential analysis method from the lexical meaning research level to the turn into the word analysis method in typical sentence context. The words with impulse structures should be researched from the positions where their semantics is considered as the translation of the meanings with their definition in the typology of the meaning and cognitive semantics. That is the new necessary way of impulse word structures research for Indo-European and Turkic languages (English, German, French, Italian, Spanish, Russian, Kazakh and Turkish languages). Peripheral language effects are systematically and widely shown for the first time in the investigation, which are the real point of contact of two sides – synchronistic structure and diachronic depth. The extension and development of the scientific and methodological bases of knowledge in order to bring the research work to level of fundamental sciences, particularly of general linguistics that is why the materials of foreign philosophers and linguists, who played significant role in the development of linguistic studies and theory of the language concerning the structure and the meaning

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of the word as a sign, are used in the work. The new methodology of impulse word structure selection has been developed and used for different languages its application has helped to create the individual as well as the universal approach to the analysis of simple and derived words. Besides during the research done, according to Moscow Semantic School, as the result of the componential analysis of the lexical meaning of the word, the meaning of impulse structures on the level of word combination and sentences has been revealed. The generalized part of the practical work has been the completion of Thesaurus of the words with impulse structures which has helped to systematize the worked out thematic classification inside each group of words in languages pertaining to different systems according to their structures. Analysis of the scientific literature shows that words with impulse structure always worried linguists. And if the first there was a debate about the possibility of their division, the dispute then smoothly turned into the possibility of including them into the regular derivation row and the pointing out their word-formation meaning, and then the underlining the meaning of impulse structures, moreover the opportunity to participate in the new nomination acts. Besides the works by N.I. Buketova [1] there were no systemic works, that is why to continue the research based on the material of the other languages, the description and systematization of meaning of impulse structures in the words with the associative, sentence context [2, p. 120] is of great interest. In the works by N.I. Buketova the words with impulse structures were called the «words with relict root morphemes», there was systemically organized and searched the meaning in the «insignificant» parts of the word. It should be noted that the author had already adhered to the views of F. de Saussure, who developing the theory of a sign, changed the classical approach of linguistics to the linguistic sign of a word [3] by the definition of a part of word as sign Therefore, the «relic root morpheme» was considered as a sign. Words, containing, respectively, and the structure to build it into derivational model, defined as derivatives and complex words and subject component and derivational analysis. Studies at this level is the only attraction of etymological data mining association values, although the structure of the word carried a lot of information, an «impulsive value», which was in need of other operational units of analysis, often involving definition and appeals to sentence context, for example, Nachtigal«bird that sings only at night.» However, the level of research and then the specifics of tasks is not possible to develop the study. Therefore, building on provement of N.I Buketovathat words with impulsive structure is a universal phenomenon, so we are expanding the list of the languages. Therefore drawing up a thesaurus of words with impulse structure allows us to generalize the implementation of case classification in each group of words in the languages of different higher level of systematization with fixing the identified values.

References 1. Buketova N.I. Relic Root Morpheme as a Linguistic Universal. – Almaty: Kzakhstan, 1994. – 296p. 2. Kobozeva I.M. Linguistic Semantics. – M.: Editorial URSS, 2000. – 120p. 3. NurzhanovE.G. Modern. Postmodernity.Culture. – Almaty: «Oner», 2012. – 19p.

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INNOVATION IS A NEW SCIENTIFIC DIRECTION AND NEW METHODOLOGICAL SOLUTIONS OF ECONOMIC PROCESSESY Dyusembaev A.D. Academician, Doctor of Economic Sciences, Professor, Honored Worker of Science and Education of the Republic of Kazakhstan, Central-Kazakhstan Academy

The scientific basis of the theoretical base of innovation is innovation – one of the scientific areas of activity, engaged in the development and development of theoretical foundations, scientific methodology and methods for forecasting and creating innovations, as well as planning and organizing innovation activities. Theoretical and methodological basis of innovation is the methodology of modern system analysis – systemology, understood as the direction of the methodology of scientific knowledge and social policy for the development and adoption of optimal sociotechnical solutions, which is based on the study of objects and their behaviour as integral formations. At the present time, innovation is being formed as a new scientific direction, requiring new methodological approaches and methods necessary for solving fundamental scientific problems. Innovation as a scientific direction is at the initial stage of its formation and development. Nevertheless, it is possible to formulate its main conceptual provisions: •

analysis of complex, organizational and technical systems focused on a specific customer and market;

• the orientation of researchers and developers not only to create innovative organizational and technological systems, to analyze their essence and to solve emerging innovation and investment problems, but also to create methods and approaches that ensure the management of selection of effective ideas, the design of innovation and their implementation; •

organization and management of innovation and investment activities.

Constant purposefulness, achievement of maximum effect in order to ensure greater competitiveness and increase of the level of common benefits in human life constitute the ultimate goal and distinguishing feature of innovation. It should be noted that the main objectives of innovation are to build a general picture of the problematic situation that occurs when creating innovation, planning and organizing innovation and investment activities in order to obtain a high socio-economic effect. In connection with the above, innovation should be understood as an interdisciplinary scientific direction dealing with the development of the scientific foundations of the innovation and investment methodology in relation to various types of systems, planning and organizing the construction of innovation and investment projects and ensuring the integration of knowledge that form the innovation and investment activity of managed systems in order to increase their socio-economic efficiency. Innovation and innovation-investment activities of managed objects are focused on the final result, the market and the consumer. In accordance with this, it is necessary to pay attention to the methods and tools for developing and validating vector criteria for optimal innovative organizational and technological systems that operate in the context of competition of contradictions and market uncertainty.

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Innovation as a scientific direction is inherent in two complementary components: theoretical innovation and applied. Let’s consider briefly the contents of each of them. Theoretical innovation is a direction of scientific activity that occupies theoretical problems creating and developing a scientific methodology for innovative development by theoretical problems of planning and managing processes on the basis of new scientific knowledge, ideas, inventions and new technologies. The basis of theoretical innovation is a system of interrelated concepts, ideas of new knowledge, methods, hypotheses and assumptions aimed at developing theoretical positions and methodological foundations of innovation. Applied innovation deals with the tasks of scientific and applied activity, theoretical and applied problems of planning, organization and implementation of innovative activities. The organizational theory of innovation is based on a system of presentations, ideas and methods aimed at analyzing the organizational forms of innovation. Analysis of the current state of the formation of innovation has made it possible to formulate a scientific problem, the solution of which will contribute to the development of the theoretical basis and methodological foundations of innovation. This problem, in our opinion, is also an object of study. As such a problem is the study of the system, the management of distributed complex organizational and technological systems, the development of optimal control methods in distributed networks with fuzzy communications in conditions of uncertainty and the risks of the formation of such a management system. The solution of any scientific problem is based primarily on the concept and definition of basic categories, terminologies and concepts, using the very process of the emergence of ideas and the realization of innovation provided with the necessary investments in the innovative activity of industrial production. Knowledge is a practice-proven results of knowing reality, a true reflection of them in the thinking of a person. In the age of information technology, people have become more aware of the fact that knowledge is not just a force but a force that can be expressed in material values, that is, get the material equivalent. We are currently at the stage when tangible assets cease to be sources of competitive advantage. This role passes to such intangible assets as knowledge. Knowledge can be compared with oxygen to all organs and cells of the body of an industrial organization. Information ensures the viability of the structure of the organizational structure due to its distribution properties in the internal and external environment, universality and purposefulness with sufficiently effective management by the management of the industrial organization. The process of creating knowledge is based on the acquisition of knowledge by individuals and organizations and represents an objective necessity for the innovative activity of an industrial organization. Creative process means activity, as a result of which something qualitatively new and different is produced, unique, original and public historical uniqueness. Creativity is specific to man, since he always assumes the creator – the subject of creative activity. In nature there is a process of development, about not creativity. The idea (from the Greek idea) is a form of reflection in the thoughts of the phenomena of objective activity. Comprehending reality, ideas include the consciousness of the goals of further cognition and the practical transformation of the world. They generalize the experiences of the previous development of knowledge and serve as principles for explaining the really occurring phenomena. In contrast, advanced ideas, faithfully reflecting social being and expressing the interests of industrial organizations, contribute to the progressive development of these organizations. Filtration of ideas is carried out after the industrial organization has allocated ideas of the potential goods. It is produced at the initial stage of implementation of innovative investment projects with the help of ball gauges based on the relevant filtering criteria. Such criteria can be: potential profit; existing and potential competition; volume of the market; investment security; degree of the market. At the end of the filtering of ideas, a decision is made to implement these ideas in production. Here, the notion of «innovation» (innovation) appears. Innovations (innovation) are the final results of a person’s intellectual activity, his fantasy, creative process, discoveries, inventions and rationalization in the form of new or different from previous objects. They are characterized by the introduction to the market of completely new (improved) products (services) of

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human intellectual activity, possessing higher scientific and technical potential, new consumer qualities, which in due course, in turn, become the object for improvement. In scientific works of foreign authors devoted to the theory of innovative development, a whole range of definitions of innovation is used, beginning from a narrowly focused, identification of innovation through the result of scientific thought, a new idea, to a more capacious innovative product intended for the sale of innovations. In any case, innovation within the framework of innovative design should be interpreted from the point of view of its essence as a basis for an innovation-investment project. The process of commercialization of innovation begins from the time when it is introduced to the market. Thus, any ideas, discoveries, inventions, rationalizations, new phenomena, types of new services or methods then receive public recognition, when they are accepted for dissemination in a new capacity they act in the form of innovation. An innovative process is a technical and economic process that, through the identification of public needs, leads, with the use of knowledge, to the development of innovative products, and its implementation on the market. That is, the innovation process covers the whole range of activities – identifying needs for maturing change before their practical implementation in the field of application. The length of the cycle of this process depends on the duration of fundamental and applied research aimed at obtaining new knowledge and identifying common patterns, as well as their implementation in production and on the market. Innovation and investment project is a systemic relationship according to the goals and criteria of a program of research, development, organizational, commercial and other activities, provided with the necessary investments and organized according to terms and executors. These activities are interrelated with the external and internal environment of the industrial organization throughout the life cycle. When implementing such projects, as a rule, there is a lack of knowledge in many areas of ongoing research and implementation of innovations throughout their life cycle. In connection with this research, we constantly have to supplement our knowledge in the course of our work in time and space. At this stage of development, the leaders of the state see the main goal of Kazakhstan’s development in the formation of a global strategic financial and innovation center. Given the implementation of this strategy, Kazakhstan for the foreseeable future is seen by today’s analysts and researchers as a new superpower organically combining an advanced system of developing and introducing innovations and innovative developments in all areas of modern industry. This approach is very effective for the future development of Kazakhstan. Already today we clearly understand that the future situation on the world arena of each state directly depends on the degree of realization of its innovative potential in the industrial and scientificresearch sphere. Within the framework of global resource constraints, pessimistic forecasts of a relatively high depletion of natural resources, one of the obvious outcomes is the formation of a new, innovative-oriented paradigm of human development. Within the framework of this paradigm, the extraction of natural resources, rare earth and whole metals, and the maximum development of the innovation and investment sphere, are the first in importance and prospects for implementation. The very essence of this effect lies in the high dynamics of the dialectic of the development of mankind. Even with a cursory glance at the history of human civilization, one can easily see the evidence of this phenomenon. The cyclicity and continuity of this process is the pledge of the scientific, social and industrial process in the development of individual states and the development of mankind as a whole. As noted earlier, the priority value of fundamental research in the development of innovation is viewed from two sides. On the one hand, fundamental science acts as a generator of ideas, discoveries and new knowledge, and on the other, as the creation of innovative products as a result of fundamental research projects aimed at their practical use in the innovation and investment activities of managed facilities. The analysis of the current state of such a scientific direction as innovation has shown that there are a number of fundamental fundamental scientific problems, the solution of which will contribute to the development of the theoretical and methodological basis for innovation. Such problems are both the object and the subject of ongoing research.

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References 1. Алексеев А.А. Инновационный менеджмент.– М.:Москва-Юрайт, 2017. – 257 с. 2. Голубков, Е.П. Инновационный менеджмент. Техология принятия управленческих решений / Е.П. Голубков. – М.: ДиС, 2012. – 464 c. 3. Маковеев, Виталий Николаевич. Активизация инновационной деятельности как необходимое условие устойчивого экономического роста территорий / В. Маковеев, А. Барабанов // Проблемы теории и практики управления. – 2018. – № 5. – С. 67-79. – (Инвестиции и инновации).

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THE ESSENCE OF THE TACTICAL DECISION IN THE CRIMINAL PROCEEDING AND CRIMINOLOGY Erokhin A.A. Candidate of Judicial Sciences, Professor of the Central Kazakhstan Academy

The current state of the issue in the headline is characterized only by the levelled statements of the accompanying plan, when considering mainly forensic-psychological aspects of separate moments of the investigation. Primarily they are related to the tactics of the investigator`s actions in the context of a conflict situation and to the prospects of using the theory of reflection, also to the legality of using intuition as the basis to make a decision and to some other cases of making-decision process both tactical and procedural. Such a psychological «skid» of the solution problem is not accidental, if one considers that the general definition of this concept has clearly psychological colouring. The Great Soviet Encyclopaedia says – «Decision, – is one of the necessary moments of volitional action, consisting the choice of the purpose of the action and the ways of its implementation. The volitional action presupposes a preliminary awareness of the purpose and means of action, a mental fulfilment of the action proceeding the actual action, a mental discussion of the basis, speaking for or against of fulfilment, etc. This process ends with the final decision» [1; p.455]. In the science of management, this or similar definition is also taken as the first definition. G. A Tumanov writes, – «Decision can be understood as one of the necessary elements of volitional actions, consisting in the choice of the purpose of actions and ways to achieve it» [2; p.143]. From the above mentioned general definitions of the solution it follows that again in general there are its elements: 1) the choice of the goal of action and 2) the choice, or the definition of ways to achieve the goal. As common, these elements, it is obviously, should be in any definition of decision, regardless, in which field of human activity we are talking about. Indeed, for example, an administrative decision is characterized as a «conscious act (action) of administrative subject, who selects the objective of the action, ways, methods and means to achieve them, basing on the information available at its disposal» [3; p. 143]. In the sphere of criminal proceeding, the decision in its procedural aspect is defined as «a legal act vested with the statutory procedural form of a legal act in which the body of inquiry, investigator, prosecutor, judge or court within their competence, as it is established by the law, provide answers to legal questions arising in the case and express their imperious will of the actions arising from the set of circumstances and requirements of the law aimed at achievement of tasks of criminal justice» [4; p.18]. Thus, here it is possible to see the choice of the purpose, establishment of the circumstances, that require a response, and the choice of means to achieve it. Approximately, elements of the solution of any work are formulated by the investigators on the same way. It is: «comprehension and the analysis of the available information; formation of the purpose solution of tasks taking into account the specific situation, also criminal-procedure and criminal legal requirements; identification of all possible versions of the decision; the choice of the decision with application of the corresponding methods and its procedural regulation; planning the execution of the decision»[5; p.52]. But it is not the definition of the tactical decision, representing a special case of the given general formula.

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To open the concept of the tactical decision and to give its definition, it is necessary to find out, what place it takes in the system of decisions to be accepted in the process of investigation, both by the investigators and the person who according to the law can make impact on activity of the investigator-prosecutor who is carrying out supervising function, and by the chief of the investigative division of law-enforcement bodies. Any tactical decision is aimed at the effect on a certain object. The investigative situation in general or its separate components, material components (things), people etc., can be such object. This purpose of the tactical decision allows to carry it to the class of administrative decisions, because «scientific management is understood as the conscious, based on the reliable knowledge, systematic impact of the subject of management (the managed subsystem) on a social object (the managed subsystem with the purpose to insure its effective functioning development and achievement of the goal» [6; p.114] In the theory of management, there are various classifications of administrative decisions. As their main types, there are standard and individual ones; relating to the arrangement of the structure of the system and to the arrangement of the management processes; concerning external management and intra organizational activity; the main and additional; imperative and recommendatory [7; p.68]. There exists the division of administrative decisions, depending on their contents, to be more precisely, that function of the system, in the field of which they are accepted. So, from this point of view, the decisions made by the chief of regional body of the internal affairs, can be divided into three groups: in the field of fight against crime and protection of public peace, in the field of stuffing work, in the field of material and technical support. The decisions of the 1st group, in their turn, are subdivided into decisions in the field of administrative and legal activity, in the field of criminal procedure, and in the field of police work. In relay to the classification of administrative decision, tactical decision can be considered as individual related to the external operating influences, and they can be as the main also as the additional, and in dependence of the subject making the decision – both the imperative and recommendatory ones. Decisions made in the process of the investigation can be divided according to their relation to the procedural process, and to the criminal procedure law. From this point of view, there are distinguished the solution of the and not procedural character. However we believe that not all solutions of procedural character can be considered as the proceeding decisions in sense of act of use of the criminal procedure law. P. A Lupinskaya, calling the characteristic features of proceeding decisions as the acts of use of the criminal procedure law, specifies: «decisions can be delivered only by public authorities and officials conducting the criminal legal proceeding within their competence; they express imperious command of bodies of the state, generate, change or dismiss the criminal procedure relations; confirm the existence or establish absence of material and legal relations; they have to be taken out in the order that established by the law and are expressed in the form determined by the law» [4, p.18]. However, there is a number of decisions which are accepted and implemented only in the sphere of criminal legal proceedings on the basis and according to the criminal procedure law and have, thus, procedural character, thought are deprived of one or several mentioned lines. To their number there are, for example, decisions in carrying out the investigative action not to be obligatory under the law, on sequence of investigative actions, about use of separate technical and criminalistics means, etc. The law does not provide the order of delivering of such decisions and the form of their expression. At the same time it is impossible to deny their procedural character as they are accepted and implemented in pursuance of requirements of legal proceedings, in full accordance with its principals and order, for the sake of achievement of its purposes and by the nature make of proof process elements. Also the decisions of not procedural character made by the investigator are non-uniform according to the contents. Among them, there can be decisions which execution although does not make a part of activities for investigation, but has the character providing in relation to the latter, for example the decisions relating to planning of work hours , to scientific arrangement of work and others. There are also decisions concerning to other aspects of activity which are not connected with the specific act of investigation – preventive actions, and increase in professional level etc. Tactical decisions entirely are in the procedural field of activity of the investigator and court. The basis of this statement is the very idea of forensic tactics as a system of scientific provisions and the recommendations developed on their basis on the organization and planning of preliminary and judicial investigations, definition of the line developed on the basis of behavior

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of the persons conducting the judicial investigation and methods of carrying out the separate procedural actions directed to collecting and research of proofs, and condition promoting commission and concealment of crimes forms a basis of such statements. The whole tactic, all its elements and consequently such tactical decision have procedural character. However, from the above, it does not follow that the tactical decision is the decision always concerning only investigative actions as the only procedural way of collecting, research and use of proofs. The tactical decision, based on assessments of an investigative situation, can belong to its forecasting, to organizational and technical actions during the investigation and, at least, to the organization of the investigation including interactions with field and other services of law– enforcement bodies. It is important only that the decision remains by the most nature the tactical one. Just as the method being the tactical, it does not lose its quality, becoming the provision of the law, and the tactical decisions won’t stop being the tactical even if it will be given a shape of the typical proceeding decision having all lines mentioned earlier. Thus, the basis of procedural decisions to search, to select a measure of restraint, to hire as an accused, etc., is always the tactical beginning: when and where to search, when to choose the measure of restraint and which, at what point, it is necessary to involve as the accused and so forth. Certainly, it is not about any proceeding decision, because among them there are such decisions which are not connected with tactics, for example, the decision to transfer the case to the court in any way. Also it is necessary to make one more reservation. Existence of the tactical beginning at the basis of some proceeding decisions does not mean at all, that their realization has to be enabled surely with use of provisions, means and methods of criminalistics tactics. For example, the decision to involve the person as the suspect can be considered in a certain aspect as tactical. However, according to our opinion there does not exist tactics to attract as a suspect, also there are no tactics od admission as the victim or tactics of drawing up the final act.

References 1. БСЭ, изд. 2-е, т. 36, с. 455 2. Туманов Г.А.Организация управления в сфере охраны общественного порядка. М., «Юридическая литература»,1972,с. 143 3. Там же 4. Лупинская П.А. Решения в уголовном судопроизводстве. Их виды, содержание и формы. М., «Юридическая литература», 1976, с. 18. 5. Дулов А. В. Основы психологического анализа на предварительном следствии. М., «Юри дическая литература», 1973, с. 52. Цветков С. И. Состояние и перспективы использования данных науки управления в криминалистике. Кандидатская диссертация. М., 1977, с. 116 (Академия МВД СССР). 6. Афанасьев В. Г. Социальная информация и управление обществом. М.,. Политиздат, 1975, с. 114. 7. Ипакян А. П. Подготовка и принятие управленческих решении. — а кн.: Основы научной организации управления и труда в органах внутренних дел. М., 1973, с. 68.

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Training and education of specialists for internal affairs agencies in the modern conditions: trends and ways of improving Karpekin А. V. Professor of the Department of State Legal And Civil Law Disciplines of Central Kazakhstan Academy Сandidate of Juridical Sciences, Associate Professor

Abstract Authors suggest some aspects for training and education of co-workers of internal affair agencies in the modern conditions of formation law institutes of the Republic Of Kazakhstan Key words: public service, personnel policy, monitoring, education, internal affair bodies, preparing, professionalism. The questions of improving work of the public administration are very important today in the countries with transition economy. It’s legitimate because it’s important for community to have high-qualified public service in the period fundamental conversions, service which can pursue a socioeconomic policy. An improving public service to the new level requires a preparing of high-qualified specialists in this area. Nowadays the answer for this question is found. [1] Service in the internal affairs agencies of the Republic of Kazakhstan is special way of public service of citizens of the Republic Of Kazakhstan, Connected with execution of duties for government and community of Kazakhstan. The significance of this legal institution is defined in the form of a special instrument, where the internal affairs bodies, called upon to serve the people of Kazakhstan, carry out the following tasks in order to ensure public safety: 1. prevention of offenses; 2. protection of public order; 3. fight against crime; 4. execution of criminal penalties and administrative penalties. [2] The market transformations taking place in our country, the new strategic tasks facing the state, radically changed the requirements for training specialists for the system of the Ministry of Internal Affairs of the Republic of Kazakhstan. The main goal of education is not just the transfer of a set of certain knowledge, skills and abilities, and based on them the ability to independently extract, analyze and effectively use the information received in practice. In order to achieve this goal, we should model the image of the future, an employee of the internal affairs bodies, who was ready to fulfill the tasks facing the Ministry of Internal Affairs of the Republic of Kazakhstan at the moment. 30

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The strategy for the development of education should ensure the preservation of targeted continuous training of graduates for IAB and the gradual introduction of new forms of education. Increasing the level of professionalism and competence of personnel is one of the most important areas of the personnel policy in the internal affairs bodies of the Republic of Kazakhstan. It is from highly qualified personnel, their readiness and ability to stand on guard of the law that the strengthening of statehood, the formation of law and order, public security and the strengthening of the fight against crime depend to a decisive degree. At present, there is a need for systematic training of IAB officers, including specialists in a number of new areas and also those types of activities of the Ministry, whose role has significantly increased in recent years, namely: combating illegal migration and high-tech crime; counteraction to extremism and terrorism. For today, the need for specialists in information and information-analytical units remains quite acute. Speaking on September 10, 2003 at a meeting of heads of law enforcement agencies of Kazakhstan, the President of the country N.A. Nazarbayev emphasized that «all the shortcomings in law enforcement activities were possible due to unsatisfactory work with personnel and the formation of its reserve.» [3] According to the head of state, «unreasoned reorganizations, subjectivism in the selection and placement of personnel, a weak system of their training led to the washing out of the professional core, unjustified turnover of personnel,» the chiefs of the bodies are mainly concerned with pushing people to key posts not on the basis of professional suitability and sufficient experience. As a result, these posts are often replaced by non-professionals, who, in turn, select their own subordinates.» [3] That is why one of the primary tasks of reforming the Ministry of Internal Affairs in line with modern requirements was a new personnel policy. The main directions of the personnel policy of the Ministry of Internal Affairs are: 1. Definition of conceptual bases of development of departmental education. 2. Determination of the need for specialists. 3. Professional orientation work and reception of citizens in educational institutions. 4. Training abroad. 5. Strengthening the graduates of departmental educational institutions. The thesis «Cadres decide everything» remains relevant at the present time. In accordance with the need to further enhance the effectiveness of the service in the Internal Affairs Bodies of Republic of Kazakhstan and to increase the effectiveness of the reforms carried out in it, the problems of certification, rotation and training as ways to improve the professionalism of employees become very topical. The process of functioning and improving the personnel policy in IAB of RK requires constant scientific monitoring, theoretical comprehension and adequate legal regulation, which should not only reflect its current state, but also contribute to its further development. At present, a number of issues have been raised requiring a clear legal settlement in connection with the contradiction between the obsolete legal norms and modern requirements of state administration. Consistent work is continuing to improve the level of social protection of police officers. And it should be noted here that the adoption of the new Law of the Republic of Kazakhstan «On Internal Affairs of the Republic of Kazakhstan» on April 23, 2014, which in Chapter 6 reflected the list of social guarantees for employees of the internal affairs bodies and members of their families. This law provides for the first time that when moving and promoting an employee of law enforcement agencies related to moving from one settlement to another for the removal of more than fifty kilometers, he is paid an allowance in the amount of two months’ salary for the employee himself and half the monthly salary for each member of the family who moved with him. When moving and promoting the employee of the internal affairs bodies, he is reimbursed at the expense of the state for transportation of up to ten tons of his own property, as well as for travel by rail, water, road transport, including family members who moved with him (Article 21. Social guarantees of employees of law enforcement bodies, members of their families). In addition, Art. 22 «The housing rights of employees of internal affairs agencies, members of their families» indicates that the employee of the internal affairs bodies and his family members who need housing are 31

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provided with housing for the period of service in internal affairs bodies. Prior to the provision of housing for a house-hired employee of internal affairs bodies, compensation is paid for hiring (renting) a home. The procedure for housing, compensation for hiring (renting) a home, as well as the category of posts of employees of law enforcement bodies eligible for compensation, are determined by the Government of the Republic of Kazakhstan. Employees of internal affairs bodies dismissed from service and having a length of service for twenty or more years in calendar terms, with the exception of employees dismissed for negative reasons, as well as employees who have ten or more years of service in calendar terms and who have dependent children with disabilities, have the right to privatize privately the occupied housing provided from the public housing stock without compensation. The family of an employee of the internal affairs bodies who has lost a breadwinner can not be evicted from her office dwelling or a dwelling equal to the service dwelling without providing another dwelling. Family members of the employee of the internal affairs bodies who died (died) while passing service in the internal affairs bodies have the right to privatize the provided housing from the state housing fund free of charge, regardless of the length of service (years) of the deceased (deceased). [2] An analysis of the norms of the current legislation shows that the modern employee of the Internal Affairs Bodies of the Republic of Kazakhstan has a more modest package of social services than their colleagues from the countries of the far and near abroad. This again shows that increasing the level of social security of IAB employees will enable to conduct the most qualitative selection of candidates for service in the IAB. [4] To date, a great deal of work is under way to develop and consistently adopt comprehensive measures to radically change approaches to the current organization of anti-corruption work in the system of law enforcement agencies and their officials. As practice shows, it is today in Kazakhstan a successful start of the reform of the personnel policy of the Interior Ministry of Kazakhstan. For the first time in the history of law enforcement bodies, an effective, transparent and understandable scheme for the selection and promotion of personnel was created. The opportunities for professional growth for the most qualified and dedicated employees are greatly expanded, as the professionally significant qualities are put forward, not personal loyalty and the presence of a community. This reform intends to break the non-transparent and obsolete system of work with personnel, to eradicate subjectivity in assessing the professional qualities of employees, to help talented people manifest themselves. In our opinion, it would be expedient to introduce one of the directions aimed at increasing the efficiency of training specialists, especially in the system of retraining and advanced training, using innovative educational technologies on the basis of a single information and telecommunication system that allows the introduction of new forms of distance education technologies in order to obtain a successful implementation. It is also advisable to consider the possibility of using the experience of leading departmental universities in the near and far abroad on the integration of science and education. In our opinion, training should begin with a modern selection ofcandidatesfor training in the territorial components of IAB for the furthertraining in departmental educational establishments.

References 1. Байменов А. Государственная служба. Международный опыт. Казахстанская модель. Астана: Фолиант, 2000. 2. Закон Республики Казахстан «Об органах внутренних дел Республики Казахстан» от 23 апреля 2014 года № 199-V ЗРК. 3. Н.А. Назарбаев. Совещание с руководителями правоохранительных органов по вопросам борьбы с преступностью. Астана, 10 сентября 2003 г. 4. Шайков Р. О социальной защите и социальной защищенности сотрудников ОВД. Ма териалы международной научно-теоретической конференции, посвященной 45-летию Карагандинской академии МВД Республики Казахстан им. Б. Бейсенова. ҚАРАҒАНДЫ. 2014. 32

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Automated training centres in educational technologies of universities Kondratev I.V. Vice-Rector for scientific work and innovations of the Central-Kazakhstan Academy, c. Mr., Associate Professor

Abstract The article considers the possibility of increasing the effectiveness of education by actively introducing new multimedia developments into the educational process. The author offers an example of a set of software products developed by him, which makes possible to use systematically information technologies in teaching.

In the Address of the President of the Republic of Kazakhstan N.Nazarbayev to the people of Kazakhstan, «New Opportunities for Development under the Conditions of the Fourth Industrial Revolution» of January 10, 2018, the need to change the role of the education system as a central link in a new model of economic growth and target curricula to develop critical thinking abilities and skills of independent information retrieval. Particular attention should be paid to the formation of IT-knowledge [1]. Therefore, modern information technologies that allow to create, store, process information and provide effective ways to present it to the student are a powerful tool for modernizing the educational process. The essence of the informatization of education is the creation of optimal conditions for access to educational and scientific information for both teachers and trainees. The concept of «information technology training» is based on the broad capabilities of computer facilities and computer Internet technologies and allows to talk about computer training tools, computer training programs, simulators, etc. The education system today is an active producer of information technology. At the same time, information technologies born in the education system are used far beyond its borders. This creates the conditions for higher education institutions to transition to learning on the basis of a qualitatively new teaching and methodological product combining the merits of classical forms and modern information technologies. One of the ways to solve problems in this direction is to create automated training centers on the basis of departments combining modern achievements of scientific and technological progress in the form of automated systems and training technologies. The main tasks of such a center are: developing new methods of conducting classes; approbation of information and methodological materials, teaching aids and multimedia products in order to identify shortcomings and develop recommendations for their further use; carrying out of scientific researches on an estimation of a degree of perception of the developed educational-methodical products; scientific and methodological support of the creation of an experimental base for training the skills of actions in postgraduated training (the equipment should include automated workstations for trainees

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and teachers, modern computer and peripheral equipment, automated systems for testing and polling, program control systems and training organizations, computer simulators and multimedia training products, modern laboratory practice, etc.). The creation of automated training centers will allow to rise the training system and the quality of teaching to a new level, where at the minimum costs one can get the maximum effect from training. It should also develop a number of areas directly related to the introduction of advanced technology and information technology in the learning process. These areas include: • creation of decision support systems, automation of management and analysis of the situation of the scene in the investigation of certain types of crimes; • creation of computer simulators for the development of managerial decisions of the investigator in the created investigative situation; • development of multimedia electronic products. The automated training center should meet the challenges of forming a new content of general education and new models of educational activity using information and telecommunication technologies, models for the formation and application of information and communication competence of trainees in learning activities that take into account the variability and individualization of general education. An automated training center for a new generation should include (at a minimum) the following systems: • the core (the control module) of the course, integrating all modules into one unit; • an illustrated training and reference complex with individually configurable educational trajectories for each student; • a set of virtual laboratories and interactive models; • testing complex, integrated with the database of questions and tasks; • search complex; • assistance system; • system of methodological support. In addition, it must: • focus on the modern active way of learning by involving every student in the learning process, organizing independent work of students, interacting with each of the course systems, while retaining the opportunity to use the elements of the course in the framework of traditional training; • allow the combined use of the main factors of intensification of training (strengthening of focus, increasing the intensity of tasks, deepening the motivation, increasing the informative capacity of classes, accelerating the pace of training activities, activating the teaching activity of the teacher); • have a large number of training, reference, testing materials on all topics and the effective organization of access to this material; • increase the visibility of the presentation of educational information; • have a clear modular interface that meets the requirements of ergonomics, taking into account the age and personality traits of the trainees, with the possibility of modification based on individual preferences; • provide personal-oriented training, individualization and differentiation of training, dynamic generation of the material of the training and testing complex in accordance with the required level of knowledge of students; • be able to create problematic situations, in the solution of which the trainees not only can make independent decisions, but also creatively absorb the educational material; • allow to monitor the results of the student’s independent work and give recommendations on further study of the material; 34

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• • • • •

have a network version that will enable the teacher to save time and combine an individual approach and statistical recording of students’ achievements; have an Internet version of the course, which provides the opportunity to provide methodological support for teachers through the Internet, search students for information in the performance of creative assignments, access to the best educational resources and advice from leading teachers; contain funds that allow the teacher to supplement the portfolio of assignments, make up a new type of classes, have technical means for compiling test papers and individual tasks; allow to organize a feedback system for teachers and students through virtual consultations; vhave a complete set of teaching materials for the teacher.

The automated training centers of the new generation should, therefore, be oriented towards new methods of teaching, increasing the role of the student’s independent work with information, filling the lack of educational materials. They are designed to provide methodological support for the educational process, using a full range of multimedia capabilities to create new tools and forms of training, as well as new telecommunications opportunities for work and for access to the Internet. Therefore, the most important task of the education system today is the creation of an integrated system for the training of pedagogical personnel and technical specialists with different levels of basic training in the field of information and computer technology (ICT), the creation and use of innovative methods and design technologies, the creation and maintenance of teaching and methodological complexes, the marketing of educational services for distributed e-learning to integrate into the world educational system [2]. For this, the following program of actions is necessary: • analysis of domestic and foreign experience in the design, development and use of training programs for teachers in the field of ICT; • development of profiles and competences of pedagogical staff and technical specialists of the distributed e-learning system; • development of curriculums and network interactive courses for a multilevel program for the training of pedagogical staff and technical specialists of the distributed e-learning system (basic level, advanced level, advanced level in specializations); • development of methodical recommendations on the use of active teaching methods and new teaching technologies; • development of methodological recommendations for the marketing of educational services for distributed e-learning. As a result of this kind of work it is necessary to form: • a list and specifications of the profiles and competences of the teaching staff and technical specialists of the distributed e-learning system; • curricula and network interactive courses of a multilevel program for the training of pedagogical personnel and technical specialists of the distributed e-learning system at all levels; • methodical recommendations on the use of active teaching methods and new teaching technologies; • methodological recommendations for the marketing of educational services for distributed elearning. Forming the basic requirements for the educational qualification of pedagogical workers, in addition to compliance with the existing standard, it is necessary to put forward additional requirements for different categories of teachers: • authors of educational and methodological materials – subject teachers have to master information technology in the volume of a traditional user;

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• •

Teachers-consultants accompanying the training process should have information technology at the advanced user level and be trained to work in the information and educational environment of the university, have the skills to organize group and individual work through the Internet; teachers-methodologists – «pedagogical designers» should undergo special training in pedagogical design, methodology and technology of developing network and multimedia teaching and methodical complexes.

Based on the above requirements for the qualifications of various categories of teachers, all of them must undergo self-training or advanced training courses in the implementation of Internet technologies, the development of new methods and means of Internet training, methods and tools for organizing group and individual work on the Internet or on the basis of their own educational institution in the relevant structural subdivision to which such powers are delegated, or on the basis of specialized centers or faculties of professional development. Thus, the creation and use of a variety of electronic tools in the educational process of universities creates fundamentally new opportunities for students to acquire knowledge, develop creative abilities in the process of learning and self-preparation.

References 1. Message of the President of the Republic of Kazakhstan – Leader of the Nation N. Nazarbayev to the people of Kazakhstan «New Development Opportunities under the Conditions of the Fourth Industrial Revolution» of January 10, 2018 // [Electronic resource] http://www.akorda.kz 2. The State Program for the Development of Education and Science of the Republic of Kazakhstan for 2016-2019, approved by the Decree of the President of the Republic of Kazakhstan of 1 March 2016 No. 205 // [Electronic resource] http://adilet.zan.kz

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Problems of Administrative Jurisdiction Lapshin V.N. Professor of the Department of State Legal And Civil Law Disciplines of the Central-Kazakhstan Academy Candidate of Juridical Sciences, Associate Professor

Last time in the legal literature devoted to the administrative law there are more and more statements about the need to reform and revise the view on some institutions and even the notions of the subject of administrative law. Of course, such points of view have the right to exist. After all, the essence of the administrative– command style of management, legal support, changes in management methods is changing. Regulatory methods with a contractual connotation are put on the forefront. The present practice of public administration, which has changed the forms of influence in the sphere of management, information and technical means-determines, on a new level, the basic concepts and institutions of administrative law. Such a statement fully applies to the notion of administrative jurisdiction, where participants in legal relations are subjects of power, the bodies of state administration whose activities are regulated by special legal norms – administrative and tort law. Administrative jurisdiction is a codified, systematized set of norms of administrative tort law, represented in the Code of the Republic of Kazakhstan on Administrative Offences. The normative legal basis for the application of administrative coercion measures is the Code of the Republic of Kazakhstan on Administrative Offences, as well as departmental regulatory acts of government. In the system of legal acts a special place is occupied by the Codes, including the Code of the Republic of Kazakhstan on Administrative Violations. The Code is the end result of the persistent, creative, intellectual activity of scientists and practitioners. As a rule, the Code summarizes historical experience, determines the attitude of the state to the committed unlawful act, commensurate with the sanctions of legal norms the severity of the punishment committed, the nature of the committed act. Correctly emphasizes A.P. Shergin «Codes are a product of highly intellectual activity that uses the standard– setting experience of the generation. It is no accident that codes are referred to monuments of law». The Code of the Republic of Administrative Offences consists of rules of substantive and procedural law. It should be noted that the norms of substantive law are more dynamic and are subject to change, in comparison with procedural norms. This tendency has been noticed by many academic administrators (Korenev A. P., Shergin A. P., Solovoy Yu.P.) Of course, we need constant updating and improvement of legislation. The norms of administrative law should reflect and regulate social relations, take into account the achievements of scientific and technological progress. The existing reality requires new approaches to understanding social phenomena. Law should embody reality and be reflected in legal norms. The tendency in the Republic of Kazakhstan to rethink the nature and severity of illegal acts is a clear confirmation of this. The reform carried out in Kazakhstan to differentiate responsibilities

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depending on the severity of the deed led to the identification of an independent institution in the Criminal Code of the Republic of Kazakhstan – a criminal offence. The new Criminal Code of the Republic of Kazakhstan provides for one hundred and fifty– three criminal offences, including forty– four former administrative offences, one hundred crimes of minor gravity that do not provide for punishment as a penalty, and nine new offences that were not previously in the Criminal Code nor in the Administrative Code. A criminal offence is less socially dangerous than a crime, and for it, milder punishments are provided. Established in the Criminal Code of the Republic of Kazakhstan, the two– tier punishment system of the degree corresponds to international standards. The introduction of a criminal offence, as an independent institution, predetermined the need for a special procedure for the production of cases of this category. In the Code of Criminal Procedure of the Republic of Kazakhstan, a new version of Chapter 55 provides for «Peculiarities of proceedings in cases of criminal offence.» These norms simplified the procedure for bringing to criminal responsibility, the mechanism of rapid and full disclosure of criminal offences was optimized. Against the background of past changes in the criminal legislation, the composition of administrative offences is more clearly crystallized. Administrative violations are less dangerous than criminal misconduct, which makes it possible to argue there is a need to improve the procedure for prosecuting individuals by committing them. Modern administrative and tort legislation must take into account the novels of other branches of law, significant changes in status by the subject of administrative jurisdiction, as well as the possibilities of technical means and technologies used in administrative proceedings. The application of new information technologies in the law enforcement activities of government bodies raises the need for a new assessment of the situation that created the situation. Extrapolation of this situation is a natural process that allows us to resolve the problem and adjust the legal norms. In the light of what has been said, some doubts arise in the provision of Article 810 of the Administrative Code of the Republic of Kazakhstan. This article is placed in Chapter 42 of the above– mentioned Code «Reduced production carried out in cases of administrative violations ...» This article indicates «reduced production is carried out in cases of administrative violations for which an administrative penalty is provided in the form of a fine, and also the person who committed it, who recognizes the fact of its commission and agrees with the payment of a fine in the amount of fifty percent of the article specified in the sanction and does not appeal against the submitted evidence.» Undoubtedly, this is an innovation of the current legislation, which simplifies the procedure of the administrative process, makes it more transparent, simple, and accessible and, of course, significantly reduces paperwork. But how this procedure is consistent with the provisions of Article 40 of the Administrative Code of the Republic of Kazakhstan on Administrative Offences «Administrative penalty is applied to educate the person who committed the offence in the spirit of compliance with the requirements of law and respect for the rule of law, as well as preventing the commission of new offences both by the offender himself and others persons «Whether the set goals will be reached, raises certain doubts, especially to the prevention of offences from the Rhone other persons not involved in the commission of offences. Prevention and prevention of violations are the main tasks of the administrative process. This innovation is not fully consistent with Article 55 of the Code of Administrative Offences of the Republic of Kazakhstan «Administrative penalty for administrative violation is appointed within the limits provided for in the article of the Special Part.» When imposing an administrative penalty on an individual, the nature of the committed administrative offence, the identity of the offender, including his conduct before and after committing the offence, property status, circumstances mitigating and aggravating the responsibility are taken into account. A person considering cases of an administrative offence unconditionally takes into account these circumstances when imposing punishment and considers that the appointed measure of administrative penalty is commensurate with the gravity of the committed offence. In accordance with Article 810 of the Code of the Republic of Kazakhstan on Administrative Offences, the person who committed the offence, after issuing the punishment order, will pay a fine of fifty percent, as provided for by the above– mentioned article. Can this punishment then be considered as commensurate with the gravity of the offence committed?

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New information technologies are a significant factor in ensuring transparency of litigations. A modern system of electronic justice is being created and is beginning to operate in Kazakhstan, which covers all the procedural aspects of the interaction of justice with the public. This allows the citizen to remotely send any applications to the court and track all the stages of their passage, from the moment of registration, to the moment of the court session and the preparation of the final decision. Information and technological changes in law enforcement activities necessitate a new look at the legal regulation of their application. So at the expanded meeting of judges of the Supreme Court of the Republic of Kazakhstan in January 2018, a decision was made «to create virtual courts, when it is possible not to collect participants in the courtroom. This is not a tribute to the fashionable word. We must do it, so that every judge can use IT technologies. For these two or three years we set the task of creating virtual courts».

References 1. Подопригора Р.К. «О состоянии и проблемах административного права в Республике Казахстан» – zakon.kz 2. Шергин А.П. «Размышления об административно– деликтном праве» М. 2017 3. Шергин А.П. «Эволюция представлений о кодификации норм административного права» – Сборник научных трудов 1 Международной научно – практической конференции. М. 2017 стр. 21– 22.

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Classification of the education forms in the teaching of juridical disciplines Okashev R.D. Dean of the Juridical faculty of Central Kazakhstan Academy, Candidate of Pedagogical Sciences

The activity of the teacher has a social significance for society. The society makes great demands on young people as specialists, on their level of preparedness, including juridical preparedness. An important role is assigned to teachers in the training of specialists. Teachers need to use different forms and methods of teaching. Forms of learning are ways of organizing the learning process, and methods are ways of pedagogical interaction of the teacher with the students. There is a different sort of classification of the forms of education. The most common is the classification of V.K. Dyachenko, where he offers three ways to organize the learning process: 1. Individual way of teaching 2. Group method of training 3. Collective way of teaching When classifying the forms of study in higher educational institutions of the juridical profile, we used the classification proposed by Academician A. Novikov 1. by the method of obtaining education (full-time, evening, correspondence, external); 2. on the level of education (bachelor’s, master’s, doctoral); 3. on participation or non-participation in the teaching process of the teacher (lecture, seminar, independent work of the student); 4. at the venue (lecture, practical lesson, teaching, etc.); 5. on their target orientation (theoretical and practical exercises); 6. by the number of teachers participating in the training 7. by types of training sessions (lecture, seminars and workshops, training conferences, consultations, colloquiums, training trainings, training and production practice, exercises, tests, exams, etc.). With the accession of Kazakhstan to the Bologna Declaration in March 2010, the use of such forms of study as an independent work of the student, independent work of a student under the guidance of a teacher began widely. This proposed classification is not exhaustive, so they can be classified on other grounds, as well as with the development of society, with the introduction of advanced achievements of pedagogical and juridical science in the educational process, they will be adjusted. And so, the forms of education can be divided into two categories, these are theoretical and practical. The theoretical includes lectures, seminars, consultations, training conferences, tests, exams, etc. Practical training, workshops, training sessions, all kinds of practices, operational exercises, legal clinics, etc. should be referred to practical forms of training. 40

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Lecture as a traditional form of training at the moment has not lost its relevance. But many young teachers ignore the lecture, based on the opinion that, it has lost its significance, in comparison with the trainings And so the lecture is the leading form of studies, a logically consistent presentation of certain scientific knowledge to students. Lecture in high school is the foundation of the building, the other forms are the walls being built on the foundation. The following kinds of lecture are widely used in higher educational institutions of the juridical profile: introductory, overview, installation, current, final, information, problem, lecture-visualization, multimedia lecture, lecture provocation, lecture-conference, lecture-consultation. Seminar is a classic form of training. It is used to discuss the most complex theoretical issues of the curriculum and ways to implement the knowledge gained to solve applied problems. The seminar, unlike practical exercises, has a more theoretical character and is intended for in-depth study of a certain discipline or its division. The main didactic approach to the seminar is that the training questions (problems) brought up for discussion should be based on the needs of the scientific justification of the practice and be reoriented from the knowledge system to the system of actions. This allows you to activate students, develop their professional thinking and thereby realize the principle of the connection between learning and life, theory and practice. During the seminar, the teacher aims to activate the thinking activity of students. To solve this, students need to be interested in the discussed problem, to call them to discussion, to involve them in the discussion. At the same time, the teacher needs organizational and communicative skills, the ability to involve students in an active discussion. The issues discussed at the seminar should not be repeated lectures, but developed and directed to the practical plane. Many teachers have developed different types of seminar activities, such as: a seminar-conversation, a seminar-discussion, a thematic seminar, a workshop, a seminar with a report, an abstract seminar, an intersubject seminar, and a mixed seminar form. When teaching juridical disciplines, practical classes should not be ignored. They are associated with the formation of students’ professional skills, habits, qualities and development of abilities. At the present time such types of practical exercises are used: classroom practical classes; practical classes in special classes, classrooms, laboratories; practical training on simulators; practical classes at training grounds, in parks; field practical training; practical classes in law enforcement and other organizations; professional training on working out of functional actions. During conducting practical exercises, methods of professional practical training are also actively used: • analysis of legal (or management) situations; • solution of operational and service tasks; • work with normative juridical acts and business papers (analysis of incoming documents and drafting of outgoing documents, development of certificates, reports, studying and conducting criminal cases, etc.); • Workshop (group and individual) in law enforcement and other organizations; • The gaming method (students working out role-playing actions in simulated professional situations); • method of brainstorming (“mental assault”) - non-standard search for solutions in the event of atypical (stressful) situations; • algorithmized method (development of practical actions on the algorithm - the outline of an indicative basis of actions – the DTE). The next form of collective scientific and practical training in law schools is the conference. Organizationally, it is planned and conducted, as a rule, with teams of faculties, courses and less often in training groups. Depending on the direction of the problems under consideration, the conferences may have the following varieties: scientific (theoretical), scientific-practical, scientific-methodical.

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In the learning process, we should not neglect the game. The game differs from other forms of education in that it reproduces the real legal professional environment and the activities of specialists in the best possible manner under conditions and features (the nature of the activity is modeled). In the pedagogical process, the game is a specially organized interdependent activity of the teacher and learners, in which operational theoretical knowledge is translated into a practical context. This is achieved by imitating various dynamically proceeding office, production and other professional (managerial) situations in the teaching and educational process. The largest and most complex form is teaching. This form of training is widely used in departmental educational institutions of a juridical profile. It is often viewed as a large professionally-oriented game, in which several departments (cycles) are involved.It is applied, as a rule, at the final stage of professional training of specialists for: • consolidation of knowledge of various academic disciplines and their complex application in solving large-scale practical problems; • forming in the students of complex skills in assessing the dynamically changing operational environment and adopting the optimal solutions in non-standard situations; • the development of cadets and listeners of professional and business qualities and their psychological preparation for skillful and active actions in extreme conditions. In conclusion, I would like to note that in the long term distance form and modular training will be widely used. Also, for the most part, the form of learning is interactive

References 1. «Закон об образовании» закон Республики Казахстан от 27 июля 2007 года №319-III 2. Формы обучения в современных условиях. А.Новиков Академик РАО. https://www.anovikov. ru/artikle/forms.pdf 3. Столяренко А.М. Юридическая педагогика. Курс лекций. https://www.twirpx.com 4. В.К. Дьяченко. Дьяченко В.К. Организационная структура учебного процесса и её развитие. М.: Педагогика 1989

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ACTUAL PROBLEMS OF ADMINISTRATIVE-PROCEDURAL RIGHTS OF THE REPUBLIC OF KAZAKHSTAN Omarov I.A. Candidate of Juridical Sciences, Professor, of the Central-Kazakhstan Academy

In the current administrative law of the Republic of Kazakhstan there is no clear distinction between the norms of substantive and procedural law. It has long been necessary to adopt a separate Administrative Procedural Code. This we have repeatedly pointed out [1]. In 1998, the author’s team of the Karaganda Higher School of the Ministry of Internal Affairs of the Republic of Kazakhstan, headed by the author of the article, prepared an alternative administrative procedural code and sent it to the Commission on Legislation of the Mazhilis of the Parliament of the Republic of Kazakhstan, which has a corresponding act of implementation. In this project, we proposed to consolidate the principles of the Kazakhstani administrative process. Following the section on principles, we proposed to include the section «General Provisions», and only then specific institutions are stated, taking into account their importance, significance and consistency of the administrative process itself. Obviously, the first place among specific institutes of administrative procedural law should be given to the procedure for issuing administrative acts, and only then to lay down the norms that regulate the procedure for administrative cases, since the institution of administrative production cannot precede (in importance) the general procedure for issuing acts. We proposed the following structure of the administrative – procedural Code of the RK: • tasks and principles of the administrative procedural legislation; • bodies authorized to review cases of administrative offenses; • proceedings in cases of administrative offenses; • participants in the proceedings, their rights and duties; • circumstances precluding the possibility of participation in production; • evidence in the case; • production support measures; • preparation for consideration; • consideration of the case; • review of the case [2; 59]. In accordance with the Concept of Legal Policy of the Republic of Kazakhstan for the period from 2010 to 2020 (Presidential Decree of August 24, 2009) provides for the reform of administrative law. In the development of this Concept, the Protocol of the Interdepartmental Commission for the Administrative Reform of May 27, 2014 provides for the drafting of the Administrative Procedural Code, as well as a new version of the Law «On Administrative Procedures».

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In this regard, it should be noted that the Ministry of Justice published on its website the draft Concept of the Administrative Procedural Code of the Republic of Kazakhstan and the Draft Concept of the Administrative Procedural and Procedural Code of the Republic of Kazakhstan. In accordance with this administrative reform, the institution of administrative justice will be introduced, which is a legal institution for the judicial protection of citizens’ rights, freedoms, legal interests of legal entities and other organizations by monitoring compliance with the law in the public administration system. The head of state said at the VI Congress of Judges of the Republic of Kazakhstan that in the jurisdiction of the administrative justice system of the judiciary there should be issues of settling disputes arising between a citizen and the state. Analysis of the draft Administrative Code of Procedure of the Republic of Kazakhstan allows us to conclude that it regulates legal relations only in connection with the implementation of administrative justice. Thus, Article 1 of this draft law determines that the administrative procedural legislation of the Republic of Kazakhstan regulates social relations that arise when sending by the courts of justice when examining and resolving disputes between physical and (or) legal persons and state administrative bodies (administrative cases) on the protection of violated or disputed rights, freedoms and legitimate interests of citizens, rights and legitimate interests of legal entities. Article 2 of this draft law determines that the effect of this Code does not apply to the procedure for proceedings in civil and criminal cases, cases of administrative violations in the courts of the Republic of Kazakhstan. Article 5 of this draft law regulates the basic concepts used in the Code. Part 1 of this article defines the administrative case, which is understood, the requirement for the court to resolve a legal dispute between subjects of public legal relations, as well as materials related to this dispute. The term «administrative case» does not apply to the notion of «case of an administrative offense». Part 2 of this article defines the administrative proceedings, which refers to the proceeding of disputes arising from administrative– legal (public– legal) relations between state bodies and / or their officials authorized by the Constitution, laws, other regulatory legal acts of the Republic of Kazakhstan to implement on behalf of the state of management functions in administrative– legal (public– legal) relations, on the one hand, and physical and (or) legalpersons, on the other hand. Part 6 of this article determines that only the state administration body and / or its official are the administrative respondent, to whom the requirements for the administrative case are submitted. Thus, we come to the conclusion that in accordance with this bill; the administrative process serves only administrative justice.

References 1. Омаров И.А., Татарян В.Г. Административно– деликтный процессуальный Кодекс РК: Итоги разработки концепции структуры и основных положений альтернативного авторского законопроекта. Научные труды КВШ КНБ РК. Караганда, 1998. – Выпуск 2. – с.73– 78. Омаров И.А. Совершенствование действующего административного законодательства. Хабаршы– Вестник КЮИ МВД РК. – 2007. №2. – с.10– 14. Омаров И.А. Теоретические предпосылки формирования административно– процессуального законодательства Республики Казахстан. Хабаршы– Вестник КЮИ МВД РК. – 2008. №2. – с.3– 9. Омаров И.А. О предпосылках принятия раздельных Кодекса РК об административных правонарушениях и Административно-процессуального Кодекса. Хабаршы– Вестник КЮИ МВД РК. – 2008. №4. – с.3 – 8. Омаров И.А. Современное административное законодательство: состояние и перспектива. – Центрально– Казахстанская академия. Материалы международной научнопрактической конференции. Часть 1. – Караганда, 2015. – с.55– 57. 2. Омаров И.А., Зайцева Л.В. Актуальные проблемы административного права Республики Казахстан. – Центрально-Казахстанская академия. МатериалыIII Международной научнопрактической конференции. Часть 1. – Караганда, 2016. С.59. 44

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CRIMINOLOGICAL CHARACTERISTICS OF PERSONS CRIMINALIZED IN THE ILLEGAL TREATMENT OF WEAPONS Shaimenov E.K. Candidate of Juridical Sciences, Professor of the Central-Kazakhstan Academy

Illicit trafficking in weapons, as shown by the study, is a complex and contradictory phenomenon. Given the current political, economic and social conditions of tension in society in the coming years, it is possible to predict an increase in illicit trafficking in arms. Positive results in combating this phenomenon can be achieved only in the event of consolidation of the forces and means of law enforcement agencies, executive authorities and administration, the administration of arms manufacturers, the command of military units of the Ministry of Defense and all morally healthy forces of society. In modern conditions, the illegal turnover of arms poses a serious threat to national security, being a means of influencing the criminal world on society and at the same time a source of high criminal incomes. The fight against illicit arms trafficking currently has a double prevention: directly with unlawful actions against weapons and crimes committed with its use. Illicit trafficking in weapons is one of the most serious factors contributing to the deterioration of the crime situation, the growth of organized crime, and terrorism in the country. Now not only physical, but also legal entities can acquire weapons; state paramilitary organizations have the right to sell or transfer their existing hand-held rifle and cold weapons in the prescribed manner or sell their civil and service weapons and cartridges to it to legal entities licensed to trade in weapons and cartridges to it. At the same time, the lawful turnover of weapons should be understood as the manufacture, sale, use, acquisition, storage, carrying, destruction, transportation, repair of weapons produced on the basis of laws, government regulations and regulatory documents of paramilitary agencies under the control of a licensing system. V.P. Vlasov pointed out that the legal turnover of weapons is «the movement of specific types and types of ammunition and cartridges to it inside the country, including the commission of all necessary organizational and technical operations on the basis of the relevant rules and restrictions contained in the legislation from the time it was created to sale, sending via distribution channels, consumer receipt, export». Illicit trafficking is only a part of the legal, since it involves the circulation of arms without appropriate authorization. With impeccable implementation of control and surveillance measures over the legal circulation of weapons, illegal trafficking becomes impossible, which in this case is reduced to the manufacture, sale, and execution of artisanal or self-made weapons [1]. The objective side of the criminal offense under investigation is characterized by the illegal acquisition, transfer, sale, storage and transportation or carrying of objects specified in the law. Before disclosing the elements of the objective side, it is not superfluous to dwell on the essence of the turnover of weapons, as such. The phrase «weapons turnover» is almost always used together with the adjective «illegal». Illicit trafficking in weapons has repeatedly been the subject of research, but the authors proceeded from the premise that this concept is well known and does not need additional regulation; the second group of authors limited itself to developing a definition of the concept of «ammunition of trafficking.»

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Concerning the concept of «illegal traffic» of weapons, there are not unequivocal positions. One group of authors notes that the illicit trafficking should be understood as the crime associated with the commission of the relevant crimes, the movement of the weapons turnover objects in conjunction with the deviation in the sphere of illicit arms trafficking. This position was expressed by Shelkovnikova E. D., Vlasov V.P. Another group of authors, illegal actions related to weapons are defined as follows: «It is illegal to handle firearms and ammunition without the permission (license) of the internal affairs body. At the same time, we agree with the position of Koretsky D.A. and Solonitskaya E.V., that substitution of the concept of «turnover» for «circulation» is not entirely correct: «the concept of» circulation «is narrower and covers the actions of the owner of the weapon with him, i.e. storage, carrying, transportation, repair, although opinions were expressed that «illegal trafficking» is a more capacious criminological concept that goes beyond the formal legal framework, the elements of which are determined by the Criminal Code. « This position makes it possible to determine that the illegal circulation of weapons is the manufacture, sale, acquisition, storage, carrying weapons. Koretsky D.A., Solonitskaya E.V. determined that the criminal turnover is «any actions with combat or criminal (homemade, atypical, disguised) weapons, committed by unauthorized persons and forming a part of the crimes provided for in Articles 287-291 of the Criminal Code of the Republic of Kazakhstan. At the same time, defining illegal traffic as a criminal movement of weapons, and significantly violating the rules of legal turnover, which lead to his withdrawal from control and involvement in the criminal sphere. Illegal turnover from legal positions is heterogeneous and is divided into two types. The first subspecies is related to violation of administrative offenses or other violations of administrative prohibitions (violation of the rules for the production, sale, collecting, exhibiting, recording of weapons and ammunition, installation on civil or service weapons of devices for noiseless shooting or night vision sight, illegal manufacture, sale, transfer pneumatic weapons, violation of the terms of registration (re-registration) of weapons or its registration. The second type of trafficking is criminal that includes actions that violate criminal law bans and entail criminal liability. Thus, it can be concluded that illicit trafficking includes both a purely criminal movement of arms and significant violations of the rules of lawful circulation of weapons that lead to its escape from control and involvement in the criminal sphere. In this regard Shelkovnikova E.D. noted that «the illegal movement of weapons refers to the criminal movement of weapons turnover objects in conjunction with deviations in the sphere of its legal turnover.» So, we define that the turnover of weapons is the production and subsequent movement of weapons from the producer (manufacturer) of the state or criminal – to the consumer – legal and illegal (criminals, citizens illegally owning weapons), as well as the use of weapons, maintaining it in good working order , the transition from one owner to another up to destruction. Movement of weapons in circulation begins with its production or manufacture. The production of weapons is understood as research, development, testing, fabrication, decoration and repair of weapons, the manufacture of ammunition, cartridges and their components. The concept of «production», as Koretsky D.A., notes, is broader than the concept of «manufacturing», included in the disposition of Article 287 of the Criminal Code of the Republic of Kazakhstan. The production of weapons is almost always done legally, at specialized state enterprises. Homemade and home-made manufacturing in most cases involves the illegal creation of weapons. Illegal manufacturing of weapons is possible from «factory details stolen from manufacturing plants, and then collected elsewhere. The manufacture of parts was legitimate, but the assembly of weapons was illegal. If such weapons have marked designations, then it does not differ from the factory designation. Illegal manufacturing of weapons is done in a self-made way, their design is a primitive or an exact copy of the serial hand weapon. In addition, manufacturing is possible by altering various types of training, gas weapons, signaling devices. Yarovenko V.V. and Poleshchuk O.V. note that the manufacture of weapons is possible and by adapting devices for the production of a shot, indicating «the availability and simplicity of this method of manufacturing weapons.» A similar position was also noted in Soviet criminal law: related to the acquisition of the purchase of weapons, explosives and ammunition, exchange for certain items, receipt as a gift, and under manufacturing understood the design and creation of weapons or ammunition anew, remaking of certain items and

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manufacturing of their weapons (for example, rocket launchers, starting and construction pistols, firearms, assembly of parts and parts of finished weapons), the restoration of the lost damage properties of weapons or explosives and bo stores [2]. By acquisition is understood their receipt in permanent or temporary possession by any means (purchase, exchange, assignment, find, etc.). Some scholars have pointed out that if illegal possession and possession of weapons are considered to be crimes since the actual carrying or storage of firearms, the acquisition is deemed to be completed during the acquisition. Another group of authors notes that the acquisition of weapons, ammunition, explosives and explosive devices should be considered a fatal crime from the moment the subject enters into the actual possession of the listed items. They substantiate their position by the fact that if a person has not entered into actual possession of the weapon for reasons beyond his control, then the act of the guilty person should be qualified as an attempt on illegal acquisition. The right to purchase weapons on the territory of Kazakhstan is: a) state paramilitary organizations; b) legal entities with special statutory tasks; c) legal entities engaged in the production or trade of weapons; d) legal entities and individuals engaged in collecting weapons; e) sports organizations and organizations that lead the hunting economy; e) educational institutions; h) citizens; i) foreign nationals. On the territory of Kazakhstan, as already mentioned, a permissive procedure for the acquisition of weapons has been established, followed by its registration. The only exception is the acquisition of mechanical sprayers, aerosol and other devices equipped with tear or irritating substances, electric shock devices and domestic spark gaps, pneumatic weapons with muzzle energy of not more than 7.5 and caliber up to 4.5 mm. Unlicensed order was also provided for the purchase of constructively weapons-like articles, pneumatic rifles, pistols and revolvers with muzzle energy of not more than 3 J, signal pistols of caliber no more than 6 mm and cartridges to them, which according to the conclusion of the Ministry of Internal Affairs cannot be used as a firearm and gas weapon. A license to purchase weapons is issued to the citizens of the Republic of Kazakhstan if they: a) have reached the age of 18; b) submitted a medical report on the absence of contraindications to the possession of weapons; c) do not have a criminal record for committing an intentional crime; d) do not serve a sentence for the crime committed; e) have a permanent place of residence; f) submitted to the internal affairs bodies documents confirming the passage of the knowledge of safety rules for handling weapons, and other documents required by law. It is noteworthy that the following are indicated as subjects entitled to acquire weapons: the Armed Forces, other troops and military formations, special bodies; state bodies, officials of which are entitled to storage and carrying firearms; legal entities with special statutory tasks; legal entities engaged in the production of or trade in, weapons; legal entities and individuals engaged in collecting or exhibiting weapons; hunting organizations; sports organizations; organization of education; citizens of the Republic of Kazakhstan; Foreigners; legal entities authorized to conduct scientific medical research in the field of the use of weapons, including traumatic and gas cartridges. In the legislation, the production of weapons is understood as research, development, testing, manufacturing, as well as artistic decoration and repair of weapons, the manufacture of ammunition, cartridges and their components. In accordance with the law, the production of weapons is subject to licensing, except for the production of weapons by state paramilitary organizations. Therefore, the manufacture and repair specified in article 287 of the Criminal Code of the Republic of Kazakhstan items are in the event that they are carried out without a license.

References 1. Власов В.П. Кри.х-ка и пред.незак.обо.о.Атоврефрт.к.ю.нМ., 2001. -С.7, 10,11; Корец. Срлоницкая, Оружие и его незакон.оброт.СПб, 2006. – 258 с. – С.88 2. Советское уголовное право. Учебник. Часть особенная /Под ред. В.А. Владимирова, Н.И. Загородникова, – М., 1979. – 584 с. – С.504.

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