No 10 (2024)

The purpose of the study is to consider issues related to the deontological aspects of the professional activity of judges.

The purpose of the study is to analyze the normative foundations of the Constitutional Law of the Republic of Kazakhstan “On the Judicial System and the Status of Judges of the Republic of Kazakhstan” concerning issues of deontology, as well as the provisions of the Code of Judicial Ethics of the Republic of Kazakhstan.

The main research methods are the formal legal method, the systematic method, the method of studying documents based on the study of official sources, regulations and legal provisions governing the activities of judges in the Republic of Kazakhstan, as well as the empirical method of observation used in psychology. These methods allow us to analyze issues related to the legal aspects of judicial activity, as well as the psychological characteristics of the judge’s behavior.

The relevance of research. The article is of scientific value, because the authors have attempted to show the importance of the features of moral and ethical components in the activities of judges as an instrument of their professionalism, as well as ways to address the existing gaps in national legislation in the field of judicial ethics.

The only way to speed up and ensure the quality of transmission and receipt of information between courts, participants in legal proceedings, bodies of the Judicial Department system and other entities is the use of modern information technologies.

The system-structural, cultural, historical, sociological, statistical methods of scientific knowledge contributed to the implementation of the research objectives.

The author defines the differences between the concepts of “documented information” and “documented communications”. The factors influencing the development of electronic documentary communications in the activities of courts have been established. Improving regulatory support is the leading of these factors. At the same time, interaction with the Federal Archival Agency in matters of creating legislation on office work in the Russian Federation was identified as a promising direction. Standardization and simplification of departmental normative regulation in modern conditions can be carried out by creating a single instruction for courts of general jurisdiction on judicial workflow, which should have a high degree of operational electronic component, taking into account the procedural features of the activities of various courts. Based on the proven experience of pilot courts and the use of available resources of the State Autonomous System “Pravosudie”, it seems appropriate to create a permanent system for monitoring the work of the apparatus of the courts in connection with the conduct of electronic documentary communications. The authorized federal subject, the Judicial Department, is entitled to administer this system. As a result of the study, the scientific basis for the practical implementation of the idea of replacing paper judicial documentary communications with electronic ones is determined – this is the cumulation of knowledge and methods of various knowledge systems – jurisprudence, information technology, document science and archival science.

The impossibility of using legal regulators of civil relations to regulate labor conflicts is analyzed. Arguments are made against theories asserting the expediency of directly or indirectly involving the norms of civil law in the field of labor relations.

Within the framework of the concept of an integrative understanding of law, a conclusion is formulated indicating that civil law is different from labor law and cannot be applied to the regulation of labor relations directly, additionally (vicariously) or using an intersectoral analogy. In this regard, a proposal is being put forward to amend the Labor Code of the Russian Federation to restrict the use of regulators of legal relations similar to labor relations.

Problem statement. The problems of the evolutionary interpretation of the criminal law in the scientific literature are practically not given attention. At the same time, the practice of significantly correcting the interpretative positions of the Supreme Court of the Russian Federation forces us to conceptualize this problem as an independent object of scientific analysis.

Aims and objectives of the research. The purpose of the work is to develop the theory of interpretation of the criminal law by analyzing the factors influencing the change in the position of the highest court on the interpretation of the criminal law, as well as by investigating the mechanisms necessary to deter dynamic interpretation.

Methods. The work is based primarily on the use of a documentary method of researching materials of judicial practice and a critical analysis of scientific literature.

Results. Based on the study of the materials of the practice of the Constitutional Court of the Russian Federation, practice-forming documents of the Supreme Court of the Russian Federation, current judicial practice and scientific sources, the following are presented: (a) factors influencing the dynamics of the position of the Supreme Court of the Russian Federation on the interpretation of criminal law; (b) factors allowing to predict changes in the dynamics of the legal position; (c) risks arising in connection with changes in acts of interpretation.

Brief conclusions. The dynamics of the legal interpretation positions of the Supreme Court of the Russian Federation is influenced by at least four groups of factors: the constitutional and legal meaning of criminal law regulations identified by the Constitutional Court of the Russian Federation; changes in the socio-political course implemented in the country; the needs of law enforcement practice changing under the influence of new criminal challenges; the development of scientific ideas about the content of criminal law. These factors, acting individually or together, may determine a change in the approach of the highest court to understanding the criminal law. However, such changes, no matter how necessary they are, must have an important quality of predictability so that the dynamics of the interpretation of the law does not undermine the beginning of stability of criminal law regulation. The risks of instability of legal regulation when changing the interpretation of the law must be overcome by a reliable monitoring and forecasting system so that these changes contribute to the development of law and the effective achievement of the objectives of the criminal law.