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right to inform the public about the circumstances that are not related to the rights granted to the owners of the authors only. Preventive protection methods. The commitment of technical measures. Copyright and technology “are protected by the law, to prevent any violations of copyright or related rights violation or obstruction approach, which is an integral part of the product or the product of any device, product or component” should be defined. The counterfeit copies of “changed the definition of technical methods to prevent illegal activities”, rights management information has been removed or altered without permission holder or techniques to circumvent the protection of objects made with the use of illicit devices, allowing objects of copyright and related rights recognized forgery. “Nevertheless, technical measures to protect the rights, primarily foreign work (or objects) are used as a measure of protection for the owners of the domestic law of the use of expensive” [5].
Rights management information. Information Rights Management (DRM) to another new norm of copyright law. It “works derived author, artist, performance, the performer, sound recording, film, performance, or phonogram work, performance or phonogram, or information about the conditions of use of the copyright owner, identifies information. Any item of information work annexed with reported cases of execution or phonogram, or write to inform you about working with the public or to inform you, performance or phonogram and (or) arising in connection with the supply of such information in
any numbers or codes given rights management (DRM) on the understanding that the right to manage electronic information, including responsibility for change and for the removal of the Treaty Copyright World Intellectual Property Organization as compared with Article 12, any legal liability for copyright differs from the definition of rights management information” [6, 20].
Results of intellectual activity, especially in connection with the use of copyright and related rights, relations and even deep will be developed in an emergency — there is no doubt true. As a result, in order to prevent a permanent lack of protection and that too comes to abuse, to present “chaos” is necessary to set a new trend in the development of intellectual property. The ratio between the two owners of the users and violation of the law. Thus, users of intellectual property on the one hand effectively put into operation Now, on the other hand, based on intelligent achievements to provide the appropriate level of protection for authors a “flexibility” required. It is believed that digital computer and network technologies in the field of new, important to consider the contradictory phenomenon. Go to the principles of national and favorable treatment on the basis of mutual understanding, to the unification and harmonization of laws and regulations, the emergence of new globalizing international treaties, the development of digital networks — all copyrights progressive new “cross-border”, which leads to the properties. New phenomenon internationally agreed, are to be found the universal legal answers.
References:
1. [Electronic resource]. - Available from: http://www.wipo.int/freepublications
2. [Electronic resource]. - Available from: http://www.internetworldstats.com/asia.htm.
3. ReinbotheJorg and Silke von Lewinski. The WIPO Treaties 1996. The WIPO Copyright Treaty and the WIPO Performances and Phonograms Treaty. Commentary and Legal Analysis. - Butterworths, 2002.
4. Directive of the European Parliament and the Council 2001/29/EC of 22 May 2001 on the harmonization of certain aspects of copyright and related rights in the information society (OJ L 167/10 of 22 June 2001).
5. Saule Masalina. WCT and the Problem to Konobeev and to r with mpera in Kazakhstan.//Bulletin of UNESCO - № 1. - 2006.
6. Kerever A. New WIPO treaties: the Treaty on Copyright Treaty and the WIPO Performances and Phonograms.//Bulletin of copyright. - 1999. - T. XXXII. - № 3.
Beysenova Meruert Kylyshbaevna, Al-Farabi Kazakh National University, candidate of jurisprudence, the Faculty of Law
Adambekov Adilet, undergraduate, the Faculty of Law E-mail: [email protected]
The criminal legislation - criminal offences in branch of communication and informing
Abstract: The Republic of Kazakhstan in political, economic, global Internet and social development of the world, there is a strong development process. But the country that is taking place with the positive achievements of the society to further hinders the development of the dynamic of the negative phenomena. And crime, computer crime. The opening of such crimes, the official registration causes a lot of problems.
Keywords: global Internet, Computer crime, Criminal Code of the Republic of Kazakhstan.
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The criminal legislation - criminal offences in branch of communication and informing
The Republic of Kazakhstan in the growth process in political, economic, global Internet and social development in the world. It is obviously, in this short period of time a lot of success in the Republic of Kazakhstan for all of us, but that is taking place in the country with such positive achievements, which further hinder the development of a dynamic society with negative phenomena. One of the phenomena and antisocial crime. Computer crime or other crimes of the past two decades to more than one of the factors that did not meet the gravity of this issue over time, gradually approaching the number of offenses. The opening of the official registration of such crimes cause a lot of problems [6]. At the moment, our lives are closely linked to the network of information and computer technology and the Internet. People use computer system and application software for various purposes work, correspondence and e-mail along with a variety of information on the Internet, banking, investment management, applies to the purchase of products. However, modern information technologies will contribute to the formation of a civilized society, but, unfortunately, new threats and challenges that the favorable conditions for the birth of a non-confidential [5].
On the territory of Kazakhstan of information at the same time a new negative (negative) to the emergence of phenomena, including in this area led to the crimes.
Criminal Code of the Republic of Kazakhstan, which entered into force on 1 January 1998, computer equipment and devices are a permanent solution to the Chapter 7, Article 227 of the Criminal Code of the Republic of Kazakhstan in the field revealed the following crimes:
- Computer information protected by law, that is, machine Clipboard electronic calculating machine (computer), computer system or network of illegal access to information, as well as a computer, computer system or a violation of the rules for the use of their networks, these actions remove, block, or to update the copy of the computer, computer system or network caused the violation;
- Eliminate the unauthorized interception of information, or to update the copy of the computer, computer system or network, multi-known computer programs that lead to the violation on or make changes to existing programs, such as programs or programs with the use of computer storage media or liquidation.
When turned over that grass on the latest changes and additions to Article 227 and Article 227-1 is added, it is one of the computer crimes in the official title of the article and content:
- Mobile device identification code of the subscriber, the subscriber identification device to the illegal change, as well as subscriber identification code for the programs to be illegal, use, distribution [1].
Taking into account our scientists T. B. Seitov’s opinion “computer crime threats has been adopted by many countries as an obj ective reality. The reason for his scientific work being done on this issue in these countries, there is legislation in accordance with the norms" [2]. As an example, by T. B. Seitov’s
opinion “the legislation of the countries of the former CIS will be recommended to the legal provisions of the Model Criminal Code”. This document is the 12th chapter of crimes against information security items found in the following types of crime:
1. The illegal access to computer information;
2. Modification of computer information;
3. The computer sobotage;
4. The illegal acquisition of computer information;
5. The computer system or special processes for the preparation and distribution of illegal access to the network;
6. malicious programs for the creation, use and dissemination;
7. Violation of the rules on the operation of computer systems and networks.
In this regard, according to the T. B. Seitov “legislators in the preparation of the Criminal Code of the Republic of Kazakhstan chose only two of the units”.
Relating to computer crimes at the end of the twentieth century enactment of the law of the Criminal Code without any changes and additions. But there is no doubt the accuracy of those rules that the rules should be improved to meet the challenges of the time.
A. L. Dzigar involved in the new legislation, according to Karl Marx: “society, the law should not be motivated. On the contrary, society should be based on the law, it is against the will of private individuals from the public interests and the needs of the total consumption of the material must be reflected”, the doctrine that does not know or can not be accounted for.
According to the Strategy «Kazakhstan-2050» — N. Nazarbayev in his Message noted that the state’s task is to promote the implementation of business activity in most of the citizens, to this end, the national legal system focused on the need to start the next stage of modernization. Because, law only protect the national interests, but also a combination of a dynamically developing international legal environment. For this purpose, the President of the Criminal and Criminal Procedure emphasized the need to reform the legislation. For further humanization, including decriminalization of economic infringements importance to the new Code, the Criminal Code and stressed the need to develop. The adoption of these key legislative aaction conceptual point of view, the policy of modernization of the fight against crime, according to the level of a crime against the human rights of its intention to raise the level of that act. Now, signed criminal code was prepared and discussed and were sent to life. On July 3, 2014, two sections of the Code, Article 467, Article 98 of the General Department means, in particular Article 369 section. According to the law, two types of criminal offenses: crime and criminal offenses. That parts 2 and 3 of Article 10 of the Code on the following terms: that is, as a crime in the Criminal Code fines, corrective labor, restriction of liberty and imprisonment or the death penalty to punish the guilty prohibited qaterimen be made socially dangerous action. And the criminal offense do
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not pose a significant threat to society, causing minor damage to person, organization, society, or the risk of damage to the state caused by the imposition of penalties for committing it, corrective work, community service, the arrest alwtürindegi activities of the charges is punishable by a action (inaction) Another factor that delingen. Totally recognized as one of the new Code penalty ruggedized crime is cyber crime. The country’s only just heard a new sound for this type of crime in our society, but the obvious harm suffered. New chapter «in the field of Information and Communication of criminal offenses» (205-213 articles). In fact, the trail of hackers, and scams with a high level of training, professional qualification is required. As an example, we look at the sources of cyber crimes in 1997 when 49 people were punished. All of them canceled under Article 227 of the Criminal Code of the old to 5 years of imprisonment. Only in 2013, only to take cyber
crime 2 of the hacker. According to the Prosecutor General’s Office in the country from 1997 to 2013, 614 cyber-crimes. Based on this data in cyber crime growing in recent years, you can see the weaknesses of the criminal law. Summing up the results of the study of modern information security the extent of the person does not meet the company’s needs or the needs of the state. Government bodies to complete, is available in a timely manner in order to ensure a full and clear information, including the protection of state information resources, in conformity with the technical means in accordance with the requirements of the system and to clarify the need to take decisions for the improvement of domestic remedies. A negative impact on the organization of information security professionals in this area will be less. Information weapon against technical intelligence and many other issues further believe that there is a need to organize.
References:
1. Article 1 of Criminal Code of the Republic of Kazakhstan from 1997.
2. Seitov T. B. Legal aspects of computer crime in foreign countries and in Kazakhstan: manual. - Almaty: Daneker, 1999. - P. 14.
3. Dzhigar A. L. Criminal policy and its reflection in the theory, the legislation and practice: diss. doct. jurid. sciences. - Ryazan, 2007. - 490 p.
4. Newspaper Egemen Kazakhstan. Construction of a new criminal code and want to humanize. - 12.08.2014.
5. [Electronic resource]. - Available from: htpp://www.kz-cert.kz/presscenter/publication/
6. Aratuly Kuanish. Aspects of information in the fight against criminal offenses. - Al-Farabi Kazakh National University «Kazakh University», 2014. - P. 6.
Daubasov Sabyt Shynzhyrkanovich, Al-Farabi Kazakh National University, candidate of jurisprudence, the Faculty of Law
Daubasova Sulushash Shynzhyrkanovna, Al-Farabi Kazakh National University, senior lecturer, the Faculty of Law
Esymova Sabyna Intymakovna, Al-Farabi Kazakh National University, undergraduate, the Faculty of Law E-mail: [email protected]
On the significance of the microparticles in the investigation of rape
Abstract: In this article examined about the value of microparticless in investigations of raping. Keywords: criminalistic materials, criminalistic materials, criminal, micro traces, microparticles.
At commission of rapes always there are material traces. Especially it is important to consider it at rapes with heavy consequences when it is interfaced to murder of the victim. These traces are various — by the origin nature, on the education mechanism, a functional purpose, the sizes, etc. Elements of a material situation of an event of a crime can be carriers of these traces: the criminal, his clothes, footwear, the tool of a crime to which he threatened the victim, means which were used by the criminal at violence (for example, a towel with which rolls up the victim’s head) the victim, her clothes, footwear, subjects
belonging to the victim. If the sexual violence is made to the room or on the open district — that traces, respectively, remain on a floor, furniture, carpets, the earth, etc.
For the last century in criminalistics branches — criminalistic materials, substances, etc. are developed, within these scientific directions recommendations of detection, fixing, to withdrawal of traces from a scene, clothes of the criminal and the victim, from their body, etc. are made. Techniques of research of these objects are developed, it is known, what circumstances can be established by means of traces of hands,
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