SDU Law Journal is a peer-reviewed journal with open access in electronic format, published quarterly in multiple languages (Kazakh, English, Russian). The journal welcomes research articles on various branches of law that have not been previously published in other journals. The aim of SDU Law Journal is to advance legal science by studying theoretical and practical issues of law enforcement and publishing the results of scientific research conducted by Kazakhstani and international scholars. The journal’s scientific areas include public law, private law, and international law. SDU Law Journal is published four times a year (March, June, September, and December). All articles undergo a double-blind peer review by two independent reviewers. SDU Law Journal ©️ 2025 by SDU University is licensed under CC BY-NC-ND 4.0. To view a copy of this license, visit https://creativecommons.org/licenses/by-nc-nd/4.0/#
Issues of legal trademark protection in administrative proceedings of the Republic of Kazakhstan: theory and practice
This article analyzes the specifics of legal regulation and dispute resolution related to the protection and enforcement of trademark rights in the administrative courts of the Republic of Kazakhstan. The purpose of the study is to identify the specifics of administrative legal mechanisms for resolving such disputes, as well as issues in law enforcement practice and areas for improvement. The methodological basis of the work is an analysis of judicial practice for 2023–2025, including judicial decisions of administrative courts in cases challenging decisions of authorized bodies regarding the registration, invalidation, and termination of trademarks. Additionally, the paper examines the opinions of legal scholars of Kazakhstan regarding the legal nature of trademark disputes and their place in the administrative law system. The article also pays particular attention to statistical data concerning the consideration of administrative disputes in this category of cases. It examines the impact of judicial system reforms and the introduction of the principle of uniformity of administrative procedures on the development of consistent law enforcement practice. The paper separately analyzes the issue of balancing the protection of exclusive rights with the promotion of free competition, as well as the significance of the international obligations of the Republic of Kazakhstan in the field of intellectual property protection. It concludes that a systematic and predictable approach to the resolution of trademark disputes is being formed, while the need for further improvement of legislation remains relevant. Based on the identified trends, conclusions are drawn regarding existing gaps and conflicts of law. The results of the study can be used in lawmaking, judicial practice, and future research.
trademarks, administrative proceedings, judicial practice, intellectual property protection, administrative disputes.
Legal Mechanisms for Combating Violence Against Women and Pathways to Their Socioeconomic Reintegration: The Experience of Uzbekistan
Legal protection of women against violence and gender-based discrimination is among the most pressing obligations that confront the contemporary state. In the Republic of Uzbekistan, this obligation has taken on the character of a constitutional priority: two landmark laws enacted in 2019, followed by the criminalization of domestic violence in April 2023, fundamentally reshaped the country's normative framework. Enforcement practice, however, continues to reveal a considerable gap between statutory text and the actual protection available to survivors. This article examines, in sequence, the international legal instruments for combating violence — principally CEDAW and the monitoring mechanism of its Committee — the trajectory of Uzbekistan's national legislative reforms from 2019 to 2025, the comparative experiences of Kazakhstan and Kyrgyzstan, state policy on the economic and social integration of survivors, and the barriers to reintegration together with pathways for overcoming them. Particular attention is given to the Ishga Marhmat monocentre network and the Women's Notebooks programme as the primary state mechanisms for restoring the economic independence and social dignity of women who have experienced violence. The study concludes that Uzbekistan's 2019–2023 legislative progress is structural in character; sustained reduction of gender-based violence, however, is achievable only through consistent enforcement, accessible psychological support, broad legal literacy, and the systematic transformation of cultural norms.
violence against women, domestic violence, CEDAW, protection order, economic violence, gender,equality
The Bottom-Up Implementation of Children’s Rights: The Impact of the Third Sector
The implementation of children's rights is associated with challenges that depend on the context of a particular state. Unless a state takes a long-term and sustainable approach in practice, children's rights tend to be the last on the agenda and are implemented under pressure from international organisations or parents. Kazakhstan is a relatively young state, where children's rights are ensured by international and national non-governmental organisations. This article is devoted to the analysis of two fundamental children's rights: the right to be raised in a family environment and the right to education for children with special educational needs. The first right is considered through the prism of deinstitutionalization processes for children left without parental care, while the second focuses on the political and practical aspects of inclusive education. Both areas are undergoing active reform in the Republic of Kazakhstan, where non-governmental organisations (NGOs) play a key role, demonstrating more effective practices compared to previously applied models. The article presents an analysis of data from three studies based on the use of a qualitative semi-structured method. This method explores participants' opinions through open questions aligned with the study's goals, ensuring their unique experiences are considered. The study highlights the crucial role of NGOs in implementing these rights, including family placement, support centers, specialist training, and services for children with special needs. This approach represents a unique model of Kazakhstan for the practical implementation of children's rights.
children's rights, family-based care, special educational needs (SEN), Sustainable development, inclusive education
Ensuring Party Autonomy in International Commercial Contracts: Analysis of National and International Mechanisms
This article examines the principle of party autonomy as one of the key institutions of private international law and international commercial transactions. It explores the historical stages of the formation of this principle, its legal nature, and the relationship between its substantive-law and conflict-of-laws elements. Particular attention is paid to the implementation of party autonomy under the legislation of the Republic of Kazakhstan, especially Article 1091 of the Civil Code of the Republic of Kazakhstan. The paper substantiates the mixed legal nature of party autonomy, combining freedom of contract with the conflict-of laws function of choosing the applicable law. It identifies the main law-enforcement issues related to determining the true intention of the parties, the limits of permissible choice of law, the operation of mandatory rules and public policy, as well as the development of digital and cross-border contractual relations. The study concludes that there is a need for further improvement of national legislation and for the development of uniform criteria for assessing the admissibility of the choice of applicable law in international commercial relations.
party autonomy, private international law, freedom of contract, conflict-of-laws rules, mandatory rules, international commercial contracts
Protection of Subjective Public Rights in Administrative Court Proceedings in the Federal Republic of Germany
The article considers the issues of constitutional regulation of judicial protection of the rights of citizens in the administrative process of the Federal Republic of Germany, presents the concept and meaning of subjective public law, and discusses problems associated with its establishment. It is noted, in particular, that subjective public law recognizes the citizen as a subject of law, gives him the right, in order to pursue their interests, to independently demand compliance with the law from the public authority, and thus determines the key way the legal relations that develop between the citizen and the state, ensuring their equality in court. The existence of subjective public right of a citizen is a necessary prerequisite for the admissibility of an administrative action, which makes it possible to exclude so-called “popular claims.” Subjective public law applies if there is a legal norm that obliges the public administration to take a certain action (legal obligation of the public administration) and this norm is intended, at least in part, to protect the interests of individual citizens (individual interest). The legal positions to be protected may derive from legal provisions contained in ordinary laws, customary law, and constitutional law, in particular fundamental human rights.
аdministrative lawsuit, subjective public right, right to bring an action, theory of the protective norm, theory of possibility
The issue of collecting fees from the debtor’s real estate in the framework of enforcement proceedings in the Republic of Kazakhstan
This article is devoted to the peculiarities of judicial practice of collecting payments from the debtor's property in the framework of enforcement proceedings. In the judicial act enforcement system, important stages are the satisfaction of the creditor's claims by identifying, confiscating and selling the debtor's property. The article discusses various methods of identifying the debtor's property, including checking bank accounts, searching for real estate and movable property, as well as the possibility of collecting fees from a single dwelling. When confiscating property, special attention is paid to the conditions for compliance with the procedures established by law, including the preparation of an act of confiscation, the valuation of property and its storage. The article also analyzes the legal regulation of the issue of foreclosure from the debtor's only home in the Republic of Kazakhstan. The purpose of the study is to determine the balance between the right of inviolability of the home and the property interests of the creditor in the framework of enforcement proceedings. In the course of the research, methods of analyzing regulatory, comparative, and judicial practice were used. An empirical analysis of judicial acts for 2019-2024 has been carried out. The results of the study showed that the institution of executive immunity is not clearly established in Kazakh legislation and the principle of proportionality is unevenly applied. The author provides recommendations for improving legislation.
enforcement proceedings, debtor, sole housing, collection of fees, legislation, judicial practice, Kazakhstan.
Comparative legal analysis of methods for determining the amount of compensation for moral damage in Kazakhstan and foreign practice
The article presents a comparative legal analysis of methods for determining the amount of compensation for moral (non-pecuniary) damage in the civil law of the Republic of Kazakhstan and foreign countries. It examines the features of regulatory frameworks and judicial practice in continental European and Anglo-American legal systems, including France, Germany, Italy, the United Kingdom, and the case law of the European Court of Human Rights. The authoMjdentifies key similarities and differences in approaches to assessing moral damage and analyzes the criteria of proportionality, reasonableness—md fairness in determining the amount of compensation. Based on an analysis of judicial practice in the Republic of Kazakhstan, existing problems are revealed, such as the lack of unified methodological guidelines and the broad scope of judicial discretion. As recommendations, the author proposes introducing elements of foreign models in Kazakhstan: a tabular system of reference amounts expressed in multiples of the monthly calculation index (MCI), a rule requiring mandatory justificatioaJpr deviations from established ranges, and the creation of a national registry of court decisions on compensation for moral damage. The implementation of these measures would ensure consistency injudicial practice, enhance transparency and predictability of decisions, increase public trust in the judiciary, and align the institution of compensation for moral damage with international human rights protection standards.
Special grounds for declaring debtor transactions invalid in bankruptcy proceedings: theory and case law
The article analyzes the special grounds for declaring a debtor’s transactions invalid in bankruptcy proceedings. The author examines the legal nature of transactions in the field of bankruptcy, their impact on property relations between the debtor and creditors, as well as the peculiarities of their application in judicial practice. The article reveals the content and specific features of the six special grounds provided for in paragraph 2 of Article 7 of the Law of the Republic of Kazakhstan dated March 7, 2014, No. 176-V “On Rehabilitation and Bankruptcy” (hereinafter – the Bankruptcy Law). Particular attention is given to the legal consequences of unequal consideration, violation of statutory authority, gratuitous or undervalued transfer of property, preferential payments, and sham transactions, illustrated through specific court cases. The author provides a detailed analysis of the distribution of the burden of proof in judicial practice, the use of valuation reports, and the determination of market conformity of transaction prices. The article also examines the litigation strategies of bankruptcy administrators and the courts’ approaches to evaluating evidence. The paper highlights the legal significance of the institution of declaring debtor transactions invalid, emphasizing its role in protecting creditors’ interests and ensuring fairness within bankruptcy proceedings. As a result of the study, the interrelations and distinctions among the special grounds applied in bankruptcy disputes are systematized, and the need to improve judicial practice is identified.
invalidity of a transaction, bankruptcy proceedings, debtor, special grounds, case law
Conclusions of Forensic Experts as Evidence in Criminal Proceedings
This scientific article analyzes the key aspects of the court's investigation and evaluation of forensic expert opinions as evidence in criminal cases. It examines the legal framework established in the Criminal Procedure Code of the Republic of Kazakhstan that defines the status of expert opinions and the criteria for their admissibility and reliability. Special attention is given to the practice of evaluating opinions from forensic medical, biological, chemical, and video technical examinations when considering cases of murder, sexual offenses, illegal drug trafficking, and other criminal offenses. The article emphasizes that an expert opinion plays a crucial role in establishing the circumstances of the case, but the court is obligated to verify its scientific validity, completeness of the investigation, and compliance with procedural norms. Based on the analysis of Kazakhstan's and foreign experience, the author concludes that there is a need for further improvement of forensic expert activities, enhancement of expert qualifications, and the introduction of new methodologies and technologies. It is proposed to strengthen the organizational and legal foundations of forensic examination and increase its independence, which will ensure more fair and objective justice.
court, criminal offense, forensic examination, evaluation of evidence, admissibility, justice.
Legal Issues of Non-Conviction-Based Confiscation of Digital Assets Obtained Through Criminal Means
The article discusses the issue of confiscation of property in relation to criminally discovered digital assets (cryptocurrencies, tokens, NFT (Non-fungible token) and other electronic digital rights). Digital assets are a symbol of economic development, security and transparency, investment, and financial democracy. The article analyzes the role of digital assets in the legalization of proceeds from crime. The international The Financial Action Task Force (FATF) standards, of which the Republic of Kazakhstan is a member, are analyzed. One of the urgent legal problems today is the creation of a mechanism for the confiscation of digital assets. The article highlights the importance of creating this mechanism. Examples and cases from practice are analyzed, as well as samples from foreign countries, and the effectiveness of their application in the Republic of Kazakhstan is analyzed. The legal differentiation of the process of preservation and further effective use of digital assets after the mechanism of confiscation is carried out. The effectiveness and legality of storing confiscated digital assets on the Binance Kazakhstan digital asset exchange and the use of cryptocurrencies by law enforcement agencies in crypto exchanges are analyzed. The article explains the importance of secure storage of confiscated digital assets, transparency of information about stored digital assets, and the creation of mechanisms to regulate the emergence of full control over confiscated digital assets in the state. The article defines the significance for the Republic of Kazakhstan of the use of the institution of confiscation (non-conviction based confession) without a court verdict. A legal assessment is given of the conformity of the institution of confiscation of property without conviction with the presumption of innocence and inviolability of property rights.
digital assets, Binance Kazakhstan, digital asset exchange, cryptocurrency, non- conviction based confiscation
The current condition of legislation on marriage and family in Central Asian countries: opportunities for improvement
In the article, the author analyzes the current condition of legislation on marriage and family in Central Asian countries. The importance of the decisions of the Constitutional Court in the further development of family law is highlighted and it is recommended to study the experience of the Constitutional Courts of Central Asian countries in order to further improve the legislation of the countries of the region. It is concluded that the Central Asian countries have similar legislation on marriage and family. At the same time, there are a number of areas of legal regulation that vary in Central Asian countries. For example, the legal regulation of surrogacy. Regarding this issue, the legislators of the countries of the region adhere to diametrically opposed positions to each other: in Kazakhstan and Kyrgyzstan, "surrogacy" is allowed, while the legislators of Uzbekistan and Tajikistan have taken a neutral position, and the legislator of Turkmenistan equates this construction to human trafficking. Examples from Kazakh judicial practice regarding "surrogate motherhood" are given. Using the example of individual disputes considered by local courts and based on the analysis of foreign experience, conclusions are drawn about the "ambiguity" of the situation around the construction of "surrogacy." The next issue on which the positions of the legislators of the countries did not coincide was the issue of medical examination of persons entering into marriage. The legislators of Uzbekistan and Tajikistan have introduced mandatory free medical examinations of persons entering into marriage and the results of which must be notified to the persons entering into marriage. Whereas, the legislators of Kazakhstan, Kyrgyzstan and Turkmenistan left this issue to the discretion of the persons entering into marriage.
marriage, family, surrogacy, medical examination of persons entering into marriage, judicial practice.
Sale of Counterfeit Products through Marketplaces in the Republic of Kazakhstan: Regulatory Gaps and International Experience
In the context of rapid growth in e-commerce, marketplaces are becoming key platforms for the sale of goods, including counterfeit products. In the Republic of Kazakhstan, the issue of selling counterfeit goods through online platforms is escalating due to insufficient legal mechanisms and the limited liability of the marketplaces themselves. This article analyzes the current state of e-commerce regulation in Republic of Kazakhstan, focusing on the fight against counterfeiting. The study identifies key legislative gaps, including the absence of a clear definition of marketplace liability for hosted content and the limited powers of regulatory authorities. To develop effective countermeasures, international experience is examined, particularly the legal approaches of the European Union, the United States, and China. The analysis covers instruments such as the "active platform principle," content pre-moderation mechanisms, mandatory cooperation with rights holders, and the use of digital technologies for tracking product origin. Based on the results of the study, recommendations are proposed for improving national legislation and implementing a comprehensive approach to combating counterfeit products in digital commerce.
marketplace, counterfeit products, fake goods, e-commerce
The Role of Transnational Corporations in the Commission of International Crimes: Challenges of Accountability
The article examines the involvement of transnational corporations (TNCs) in international crimes and the gaps in international law governing their responsibility. In the context of globalization, corporations can rival or exceed weak States in political and economic power, which increases the risks of human rights abuses, environmental harm and even support for armed conflict. Using cases such as Shell, ExxonMobil and Vedanta, the article shows how TNCs avoid liability through corporate fragmentation, subsidiaries and the absence of clear international mechanisms, including the inability of the International Criminal Court to prosecute legal persons. National precedents, including Wiwa v. Shell and Vedanta v. Lungowe, demonstrate emerging but costly and inconsistent avenues for transnational litigation. A separate section analyses the legal risks of corporate activity in Kazakhstan, where resource wealth and strategic location attract TNCs amid persistent problems of corruption, weak courts and labour and environmental violations. The article argues for the development of stronger international and domestic accountability regimes, guided by UN and OECD standards and recent EU initiatives, and grounded in human rights, environmental sustainability and substantive justice.
Towards an Inclusive Future: Public Administration, Legal Reforms, and Education in Kazakhstan
This research examines the connections between inclusive education and legal transformations and public administration systems in Kazakhstan. The fundamental principle of inclusive education requires all students including those with disabilities to receive high-quality education with equal access based on equity and human rights principles. The research aims to study how administrative and legislative frameworks impact the practical implementation of inclusive education policy in Kazakhstan. The research employed a mixed-methods design which combined quantitative data about school accessibility and disability inclusion with qualitative analysis of national and international legislative documents. The interviews with education experts provided additional understanding about the challenges that occur during local implementation and systemic barriers. The research discovered significant discrepancies between policy development and actual implementation practices. The government of Kazakhstan demonstrates its commitment to international agreements and laws which promote inclusivity. However, there are still several problems that are making it hard for this plan to move forward. These include centralized governance, not enough funding, and strong cultural stigmas, especially in rural areas. A comparison of the education systems in Finland, Germany, and Russia shows that decentralization, community involvement, and strong teacher training are important. The study's findings indicate that Kazakhstan must make several key changes to achieve an inclusive educational system. These reforms include making legal language clearer and more inclusive, giving local communities more control over education, improving teacher training to support effective teaching methods, and removing financial and cultural barriers that currently prevent access to and success in education. These changes are important to make sure that all students have the same rights and are treated fairly.
inclusive education, public administration, legal reforms, policy implementation, decentralization, teacher training.
The Impact of The Philip C. Jessup International Law Moot Court Competition on Legal Education: An Analysis of Its Role in Shaping Future Lawyers
The Philip C. Jessup International Law Moot Court Competition plays a vital role in the educational path of law students, providing an opportunity to enhance theoretical knowledge and its practical implementation. The main aim of this article is to indicate the influence that Jessup has on future attorneys and lawyers, in terms of development of judicial argumentation, critical thinking and oral advocacy. The methodology covers a survey of participants, which reveals that participants of the Jessup competitions have noticed improvement in their academic life, career path, as well as personal perspectives. Moreover, it claims that particular courses, such as "Legal Writing and Oral Advocacy in International Law," need to be included into the curriculum of universities of Kazakhstan so that the students could meet global requirements for international lawyers. The results indicate the exact percentage of participants from both regional and international rounds, whose professional and academic life were influenced in positive way. This article argues that the Jessup competition not only benefits participants but also plays a vital role in bridging the gap between legal theory and practice, thereby contributing to the evolution of legal education in the world and Kazakhstan.
Specific Issues of Trademark Use and Protection in the Metaverse
The article discusses the problem of using and protecting a trademark in the area of the Metaverse. The metaverse is a new virtual space that opens up unique opportunities for business, creativity, and user-to-user interaction. The article discusses the concept of the Metaverse and the concept of NFT, as well as gives a deeper explanation of these terms using examples. The article analyzes the features of the use of intellectual property objects, including trademarks, within the virtual space. The authors consider the risks and violations arising from the use of trademarks using the example of various virtual gaming platforms (Roblox, Fortnite, Second Life, etc.). Practical cases and examples are studied, including foreign experience, and a legal assessment of the facts of trademark infringement is given. The authors, considering the most important aspects of trademark protection in the real and virtual world, identified the key points of the problem of selling goods and services through NFT. The article discusses some issues of trademark registration used in the virtual space. Conclusions are drawn about the effectiveness of trademark registration in specific classes of the international classification of goods and services. The paper suggests ways to improve the practice of protection of intellectual property rights.
intellectual property, trademarks, metaverse, skins, NFT, virtual goods.
Legal Regulation of Copyrights for Works Created Using Artificial Intelligence: Problems and Prospects
The article is devoted to the legal protection of copyrights to works created using artificial intelligence (AI), and analyzes the legal gaps that arise in this regard. With the rapid development of technology and the ability to create works without direct human involvement, there is uncertainty about authorship. Different approaches to this issue are being considered in different countries, including the European Union, the United States and Russia. The article suggests possible solutions to the problem, such as recognizing AI as a subject of intellectual property or securing rights for people managing AI systems. Attention is also focused on the need to develop international standards and new copyright protection mechanisms that would take into account the specifics of creating AI works.
copyright, artificial intelligence, legal protection
Legal Challenges in the Enforcement of State Control over the Efficient Use of Land Resources through Litigation
The article examines the problems that arise in the implementation of state control over the rational use and protection of land, which is one of the main means of managing land resources and regulating land relations. The authorized body exercising state control over the use and protection of land ensures compliance by state bodies, individuals and legal entities with the land legislation of the RK, compliance with the rules for the use of land plots. Granting the authorized body the right to file a claim for the cancellation of unlawful decisions, including claims for the recognition of lease and sale agreements of land plots as invalid, ensures, in particular, the rational use and protection of land, reproduction of soil fertility, conservation and improvement of the natural environment, meets the objectives and principles of the Code. However, administrative and civil judicial authorities are returning a claim for the cancellation of illegal decisions in their proceedings due to lack of jurisdiction. In this regard, the authorized body cannot fully carry out the tasks assigned to it. The author's research work is aimed at determining the judicial form in which the claim of the authorized body should be considered. A study will also be conducted within the framework of the competencies transferred to the authorized body for filing claims in court.
state control over the rational use and protection of land, authorized body, jurisdiction, civil court, administrative court, competence
Identification of Administrative Offenses in the Field of Informatization and Communication and Features of Administrative Proceedings
Currently, in connection with the development of information and communication technologies, the problems of identifying administrative offenses in the field of informatization and communication and the features of administrative proceedings, due to the complication of legal regulation in this area, are relevant. Statistical data of the prosecutor general's Office of the Republic of Kazakhstan and the Ministry of digital development, innovation and aerospace industry show that the number of administrative offenses in the field of informatization and Communications is growing every year in the country. This is relevant in the context of paying attention to the legislative framework and methods used to identify administrative offenses, taking into account the specifics of administrative proceedings on offenses. The purpose of the article is to study the features of administrative proceedings in cases and identify offenses in the field of informatization and communication. As a result of the article, theoretical issues of identifying administrative offenses in the field of informatization and communication and the problem of the activities of authorized bodies in administrative proceedings are analyzed, and proposals are proposed to improve the measures of administrative punishment applied for offenses.
information and communication technologies, informatization, communications, administrative offense, administrative punishment, offense, administrative proceedings, administrative and legal responsibility.
The fundamental logic and potential value of applying restorative justice to the prevention and treatment of school bullying in China
Given the frequent occurrence of school bullying cases, the Chinese government has been working to address the prevention and treatment of school bullying in recent years. School bullying infringes on individuals and disrupts peer relationships; hence, this issue aligns with the focus of restorative justice on the process of addressing harm to interpersonal relationships. Restorative justice emphasizes victims’ feelings and rights, encourages “reconciliation,” and aligns with China’s traditional legal culture of “no litigation” and the educational objectives of schools. Currently, the application of restorative justice in addressing school bullying in China is still exploratory, some traditional educational methods already implicitly contain the spirit of restorative justice. The newly released government documents on the governance of school bullying also provide room for the application of restorative justice. The traditional restorative mediation model or meeting model can theoretically be used for different bullying cases, focusing on “truth-telling,” “empowerment,” and “apology and compensation”. In the future, given the expansive possibilities of restorative justice in schools facilitated by traditional campus culture and class teacher authority, bullying prevention and control on campuses can be extended further by reinforcing proactive practices of educational learning and reactive practices of responding to harm and wrongdoing.
restorative justice; school bullying; relationship restoration; school education；governance of school bullying；