CC BY
46
Section 15. Science of law
groups assign severe punishment, and vice versa to have mercy on violated the law for the first time, sincerely repentant, committed crime is an innoxiously to people, to society, to the country, is humanitarian side of the new Code. One more side of the humanitarian principles of the new Criminal Code is a special item for teenagers’ criminal liability. There are items of exemption from liability according to their age sensor and psychological development of teenagers. The fourth, there is much economic pressure to committed a criminal offence and to offender. Ifwe count the imposed fines for criminal offences
are from 25 monthly calculation index (MCI) to 500 MCI, for crime from 500 MCI to 10 000 MCI, but in the articles for taking bribe, giving bribe and to mediate bribery appointed punishment in accordance with the Code sanctions.
In conclusion to prevent the so-called crimes, upbringing and humanization is the basic rule of the new Criminal Code. The new Criminal Code complies with the international legislation, law standards. To be part of the thirty developed counties, as our President says, is to stand in the developed countries row.
References:
1. The Criminal Code of the Republic of Kazakhstan adopted by the 1st ofJanuary, 2015.
2. “The law newspaper" 29/01/2015 11:32/law/14 Arykbay Agybayev (Professor of the Kazakh National University of Al-Pharabi, honored worker of Kazakhstan).
3. “The newspaper". “Сыр бойы" latest news/10/10/2014 08:53/number of publications: 835 Kyzylorda DIA Chief of Police Colonel management inquiry Zhanazarov A.
Beysenova Meruert Kylyshbaevna, Al-Farabi Kazakh National University, candidate of jurisprudence, the Faculty of Law Ashyrova Gulmyra Talgatovna, undergraduate, the Faculty of Law E-mail: [email protected]
The international system of copyright protection in the Republic of Kazakhstan
Abstract: In this article questions of protection of copyright in the Republic of Kazakhstan are considered. Keywords: protection, copyright, internationally, intellectual.
In all periods of human history, the result of the work of writers, poets, artists, scientists, became the basis of human and spiritual wealth of society. In a market economy, literature, art and science, as well as the results of creative activity, the primary means of human and spiritual life of society, and not only becomes an indicator of the level of development of market relations in the form of a special kind of turnover was formed as an object. Objective processes in the world, primarily in the rapid development of scientific and technological progress and spiritual well-being is not only the creator, as well as opening up new horizons for consumers. In this regard, the famous American composer, actor, producer B. Sherman’s words: “What a creative person in the country to find out what the most respected way — easy to get acquainted with these copyright laws of the state" In the West, the scope of the copyright pays more attention from the government to be one of the developed countries have opened the way to become world leaders in the field of industrial products [1].
Cash, which is equivalent to 500 billion. Equal to that of the US dollar clothing, cars, computers, and more than the total number of aircraft, including for export. As the Republic of Kazakhstan, we define the level of intellectual property in the future welfare of the citizens of the state, has gained importance as
a valuable resource forehead. Such as the former Soviet Union, the national intellectual property system began to take shape after the country gained independence and autonomy. Thus, in accordance with the Cabinet of Ministers of the Republic of Kazakhstan in 1992 on the basis of copyright law department of the All-Union Agency of Kazakhstan organized by the State Agency on Copyright and Related Rights. In 1996 he composed the State Agency on Copyright and Related Rights “Copyright and Related Rights" (the Copyright Law) Law of the Republic of Kazakhstan. Currently, the main function of copyright in 2001, organized by the Ministry ofJustice of the Republic of Kazakhstan entrusted to the Committee on Intellectual Property Rights. One of the main goals of this organ of state regulation of relations in connection with the observance of the rights of authors, legal literacy, as well as supervision of persons with intellectual property. Until recently, most practical day-to-day intellectual property rights for citizens who do not have good legal concept. Currently, the World Intellectual Property Organization carried out a number of international treaties, agreements and conventions, is a full member, nevertheless found that there was a lack of copyright protection in the country and internationally. Thus, the management representatives of the European union of private companies operating in
106
The international system of copyright protection in the Republic of Kazakhstan
Kazakhstan, through a survey of the population and the protection of copyright, infringement of intellectual property rights is not common practice to conclude. International experience shows that the task of any state in the fight against violation of the rights of authors introduce the creation of an effective law enforcement system. An important step in ensuring the rights of intellectual property, intellectual property rights, including responsibility for the crimes and offenses in connection with the adoption of the Criminal Code and the Code ofAdministra-tive Offences. National legislation in the World Trade Organization in 2005 with the aim of identifying the “Copyright and related rights” to protect the work retroactively amended the Law of the Republic of Kazakhstan, in particular developing countries, such as the protection of authorship period was extended from 50 years to 70 years. At the same time, the authors provide the necessary conditions for the country “for the period 2005-2015 for the development ofthe national innovation system of the Republic of Kazakhstan and the program” was adopted. “Copyright and Related Rights” adopted in the current Law of 10 June 1996, until 1991, the Supreme Council of the principles of civil law. Amendments to the Copyright Act introducing changes to July 9, 1998 - April 16, 2004 5 Intellectual Property Rights, approved by the World Organization “Internet Treaties” due to the inclusion. First of all, the World Intellectual Property Organization amended with the consent of the copyright Consider the situation in the field of intellectual property rights. After analyzing how these changes have been carried out. The founder of the provisions of the following aspects: national goal, which is reflected in the form of works in mode; Protection period is 50 years after the author’s death (Note: In 2005, the World Trade Organization ülgiqaliptarimen national legislation to meet the full term of copyright has been extended from 50 years to 70 years); computer programs and a database containing a list of objects of protection; protection of their ability to expand: differences and form an objective; Moral rights: the right of authorship, the right to protection of the reputation of the author and include the right to withdraw the work (right of the public to the amendments added in July 2004); property rights issue, placement, import, public rights, rights of public performance, the right to inform the public, over-the-air broadcast rights, the right to transfer, modify the law. In July 2004, after adjustment included in this list were renewable ranks; Easy to use: for personal use, study, training and education in order to print, broadcast information purposes, the methods used for the blind, libraries and archives, during the official ceremony of the judicial, administrative purposes, transformation, decompilation, and archiving copies of computer terms programs and databases. With respect to digital aspects, it is not practical demand. There are several reasons. First of all, own domestic law through the Internet still works in construction, transportation, trafficking is not involved, so that Internet users are not side-impact damage. Second, the number of Internet users in Kazakhstan still relatively low. On the following numbers: -10,000 in 1996, in 2000-70,000; 250,000 in 2002, 2005 -1,200,000; 2,300,000 in 2009 [2].
Initially the increase in the intensity seemed to be fast, 2,300,000 people need to be monitored should be only 14.9 % of the population. Third, the collective management of rights is not further used, so that society lacks a powerful tool to safeguard the rights of authors. However, the changes associated with the advent of the Internet and digital technology was raised theoretical questions raised. They relate to the following questions: 1) “Global Network” Search for the temporary storage of work and 6 (view) should be carried out with the consent of the author; 2) the influence of the conditions of free Internet works; 3) Internet “piracy” need for new measures to combat. 1) With regard to the first question, the Copyright Act, any electronic form (including in digital form) to reissue temporary storage. Thus, the search mode on the Internet and temporary storage operation (in other cases) should be carried out with the consent of the author. 2) “Global Network” libraries, archives and educational institutions in the conditions of use are always alarming. Repro question differs only in cases where preventive measures are not covered by copyright, and does not apply to the legal acts of the owner of the right to use the right techniques. And so, the “digital” protection against counterfeiting measures are not enough, so the need for new measures to combat internet law. Thus, the “digital calendar,” to understand the changes in the conditions, we consider changes to the July 9, 2004 on an individual basis. Temporary re-release. The Law on the Rights of patorskih who raised the issue of relaunching of the first edition of a temporary nature, but after the amendments were made to the “release”, the concept of “temporary isolation” has the ability (or in the language and background Raynbot Lewinsky, “keep up with the future”) [3].
Deficiency of certain types of carrier material to refuse changed “in any degree of objective” was the introduction of the concept. Copyright law in accordance with the current edition of the “re-issue” — “works or objects of related rights of one or more permanent or temporary copies by any means and in any form, in whole or in part, directly or indirectly. Preparation of audio or video, two-dimensional or three-dimensional the work of one or more copies, as well as works or objects of related rights in any material of any permanent or temporary storage types” should be defined. Copyright and Information Society of the European Union (Directive) for comparison, you can see the following [4].
The decision to re-issue a temporary measure will be excluded from the definition of a legal issue, “technical” criteria, as well as the Copyright Act to temporarily release the free part of the definition in all cases were identified. As a result, the law of Kazakhstan, temporarily re-release of “technical”, it is not necessary to prove compliance with the criteria. Only one target established by copyright law, it is time to rerelease a free state in the definition. — The right to public attention. 2004 amendments “to the public rights” included in the definition of “copyright and (or) social objects of related rights, at any time and from any place, at the discretion of the individual (mode) via a wired or wireless connection, capable of achieving Report means” to help her. But Yet, the
107
Section 15. Science of law
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.
108
