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Kazan University Law Review

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Vol 5, No 1 (2020)
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ARTICLES

6-17 24
Abstract

In this article, the author analyzes the process of constitutional reform in the Republic of Kazakhstan. e legal system is anecessary attribute of any state applying for sovereign status. e Constitutional Law on State Independence (1991), the first Constitution (1993), laid its foundation and the subsequent develop ment of the new law and the new system of legislation was carried out based on the ideas and norms enshrined in the 1995 Constitution currently in force. At the same time, this document was also subjected to subsequent reform in 1998, 2007 and 2017, which allowed strengthening both the power vertical and the status of the head of state. At the same time, aseries of reforms provided for the redistribution of certain power functions, in particular, the transfer from the President to other governing bodies of states, in order to increase the efficiency of the functioning of the state apparatus. It should be noted that the redistribution of powers was carried out as carefully as possible so that, by increasing the effectiveness of the state, in no case should it be weakened.

18-26 24
Abstract

The regulation of legal relations dealing with the real estate is influenced by the reforms carried out in the Russian civil law over the last 2 years. A lot of changes related to real estate were introduced. We shall outline the introduction of new objects of civil law rights of changes in the Land Code and changes in duration of state registration of real estate property rights. e conditions for the notaries to participate in the preparation and make real estate deals were recreated. At the same time social and economic projects implemented in the country aim at reviving the economy, in particularly, through the involvement of new lands in civil commerce and development of construction sector. As awhole, it continuously supports the scientific interest in the legal regulation of civil relations of the real estate.

The aim of this work is to study the procedures of state registration of real estate rights in cases when the construction permission is not required.

27-39 25
Abstract

The scope of procedural rights and obligations depends on the procedural status of a person. The diverse and complex court cases of insolvency (bankruptcy) and numerous disputes arising in these cases prove the correlation of a procedural status and effective protection of violated or disputed rights and legitimate interests. However, the powers of all the subjects should be equal. e doctrine and practice reveal no single understanding of the procedural status of subjects of bankruptcy proceedings. The court acts and procedural documents submitted to the court sometimes fail to convey the procedural position of the arbitration trustee, the former Head of the debtor and the current payment creditor. e difficulties are caused by both, the complex legal status of subjects and the lack of detailed legislative regulation of the status itself. Limited right to study the case files applied to the subjects of bankruptcy proceedings is revealed in court practice. In certain disputes given limitation causes only partial protection of the subjects’ rights.

COMMENTARIES

40-51 24
Abstract

The safety of witnesses, victims and other participants in the criminal process correlates with increasing effectiveness of evidence and protection of the rights and legitimate interests of the participants. To study the laws of development and establishment of the institution of personal security, it is relevant to identify new vectors for the development of criminal proceedings and eliminate existing intersectoral contradictions. It is also essential to compare respective Russian legal acts with the international standards.

The main issue of criminal proceedings correlates with proving person guilty or innocent of in the incriminated event. is complex process is diverse and unpredictable, since the collection of sufficient evidence for a criminal case (Article 73 of the Code of Criminal Procedure of the Russian Federation) can be hindered by an unlawful act preventing crimes’ detection, impeding the investigation and the offender’sevasion from criminal punishment. By providing substantial evidence, the parties to criminal proceedings face risks a priori. For these reasons, ensuring the security of an individual in criminal proceedings correlates with its purpose, principles and tasks. It also implements the constitutional priorities and security of an individual (rights, freedoms and legitimate interests).

CONFERENCE REVIEWS

52-60 19
Abstract

The article reports on the preparation, course and results of the joint International Research and Practice Conference of the Kazan (Volga Region) Federal University and Mari State University ‘Managing land and other natural resources: legal regulation and judicial practice’ held in October 11–13, 2019. The conference was sponsored by the Russian Fund of Fundamental Research. The conference covered three main areas: (1) improvement of legal regulation of land management; (2) improvement of legal regulation of environmental protection and rational nature management; (3) management of regional and municipal land and other natural resources: legislative issues and ways to overcome them.

The article reports on the international level of the conference, its research and practice specifics. e conference scale is vividly represented by participation statistics. The main results and decisions made are listed.

In conclusion, the article shows the Conference impact on the competitiveness of the Kazan (Volga region) Federal University. The conference supported scientific relations with the scientific communities of the Republic of Belarus, the Kyrgyz Republic, the Republic of Kazakhstan, the constituent entities of the Russian Federation, dealing with legal issues of managing land and other natural resources. The Conference improved cooperation with public authorities, public and private organizations.



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ISSN 2541-8823 (Print)
ISSN 2686-7885 (Online)