Jurisprudence

 

1. General characteristics of the educational program

Registration number

 

Code and classification of the field of education

8D04_ _ Business, management and law

Code and classification of training areas

8D042_ _ Law

Name of educational programs

8D042_ _ - Jurisprudence

Availability of application to the license for the direction of training

1.1 EP Objective

Drafting scientific and scientific-pedagogical personnel of higher qualification, capable of determining new directions of constitutional and administrative law development; generate new legal ideas in the field of the theory of law and the protection of human rights; use modern technologies of studying the legal system as a whole; develop scientific recommendations for the improvement of legislation and legal practice in the field of human rights protection; be able to make decisions and take responsibility in conflict resolution situations based on ideas and legal provisions using the mediation institution.

1.2 Main factors EP

Type of EP: Doctorate

Terms of EP: 3 years

Forms of education: full-time

Labor input: 180 academic credits

Degree Awarded: PhD

8D042 Law, 8D042-Jurisprudence

Type of EP:

The current EP; 

1.3 Description of the advantages and distinctive features of the EP in terms of positioning in the market of educational services

 

 

Material and technical resources of EP:

1. There are laboratories for the implementation of the educational program at the faculty:

2. Center for problems struggling against crime

3. Research and development center "Legal support of innovative development of Kazakhstan"

4. Center of legal education

5. Center for environmental safety and environmental rights

6. Center for studying the problems of development local self-government

7 Anti-Corruption Technologies Research Institute

8. Mediation Center

Human resources:

The faculty members in the amount of 90 people focused on four departments. The teaching staff are Acadeician of National Academy of Sciences, D.J.S., professor Sartayev S.S. Also lectur are conducted by famous scientists: 29 doctors of law, 50 candidates of legal sciences and 15 doctors of PhD. Among them 18 winners of the grant "The best teacher of the University", 10 laureates of state scientific scholarships for talented young scientists, 10 winners of state awards. Teaching is also carried out by foreign professors and practitioners. Representatives of employers take active participation in training of doctoral candidates: Parliament, Government, General Prosecutor's Office, Supreme Court, Ministry of Internal Affairs, judicial authorities, lawyer bodies and notaries.

        The learning process is carried out in three languages using the up-dated methods. The best modern educational methods among which there are game trials, business games, trainings, as well as a combination of individual and team work are used.

Base practices:

- National Academy of Sciences of the Republic of Kazakhstan

- the system of central and local executive authorities at all levels,

- the system of central and local legislative bodies of all levels,

- central and local judicial bodies of different competence and jurisdiction,

- law enforcement agencies of the Republic of Kazakhstan,

- central and local prosecutors’ bodies,

- bodies of state and private advocacy,

- Notary bodies;

- national security agencies

- international judicial bodies and institutions and human rights advocacy groups,

- a complex of non-governmental organizations and enterprises (firms, companies, banking and other institutions engaged in commercial activities and non-commercial activities).

 

Academic mobility

Doctoral students are able to go on scientific internships to leading world universities within three months. There are mutual cooperation agreements with universities of the Russian Federation, China, South Korea, USA, France, Germany, Great Britain, and Poland. Scientific on training of doctoral students. The advisors of doctoral students are leading scientists of the Republic of Kazakhstan and far-abroad countries. Foreign scientific advisers come to Al-Farabi Kazakh National University in order to consult and conduct training sessions during the semester.

 

Scholarly traditions or scientific directions of the department, (scientific projects)

       There are scientific schools in the following areas: Theoretical and legal (Professor Ibrayeva AS); Historical and legal (Professor Useinova G.R.); Criminal law (professor Dzhansaraeva R.R.); Criminally-criminalistic (Professor Tapalova R.B.); Civil law (professor Tynybekov S.T.); Intellectual and legal (Professor Zhetpisbayev B.); Constitutional and legal (Professor Baymahanova D.M.); School of Public Administration (Professor Kenzhaliev Z.ZH.); Social and legal (Professor Abaydeldinov T.M.); Environmental and Legal (Professor Laydeldinov D.); Financial and Legal (Professor A.E. Zhatkanbaeva); customs law (Professor S. Alibekov). The law faculty has seven research centers.

       Doctoral students are actively involved in the implementation of research projects funded by the Ministry of Education and Science of the Republic of Kazakhstan in the following areas: labor legislation and social security of persons with disabilities; formation of legal culture and legal awareness of Kazakhstani society; criminal law and criminalistics; business law and intellectual law; civil law, procedural law, advocacy and notariate. Doctoral students also participate in the implementation of scientific projects funded from other sources in the organization of scientific conferences and theoretical seminars, the preparation and publication of monographs, scientific articles and reports. During the preparation of dissertation research doctoral students go abroad to work in scientific libraries of leading foreign research centers and universities.

Comparison with similar programs of foreign universities

The educational program in the specialty SCIENCE AND LAW meets the world’s requirements. It focuses on similar programs of foreign universities of England, USA, Germany, France, Russia.  

2. Qualification requirements in the format of learning outcomes

Expected learning outcomes of EP

2.1   

Upon completion of this educational program, it is expected that doctoral students will be able to:

NO 1. Demonstrate a systematic understanding of the main laws governing the development and functioning of law and the state; critically analyze the development of the legal system of Kazakhstan as a whole; to reason and synthesize new legal ideas based on philosophical categories; rank scientific schools of law; evaluate the value of different legal concepts for legal practice. Analyze and evaluate, taking into account the latest achievements of the social sciences, the essence, functioning and further development of the state and law.

NO 2. Create, develop and adapt new ways to resolve social conflicts based on the institution of mediation as an alternative dispute resolution system. To critically evaluate and rank the types of conflicting legal relations, to determine the role of law in the prevention of social conflicts; develop a methodology for applying legal conciliation procedures to resolve social conflicts. Determine the role and importance of the institution of mediation, determine ways to improve the institution of mediation; analyze and evaluate alternative dispute resolution, conciliation procedures

NO 3. Systematize and interpret scientific theories and concepts of civil procedural law; to critically analyze, evaluate and synthesize new and complex ideas regarding lawsuit proceedings; protection of business entities; procedural complicity; procedural succession.

NO 4. Analyze and classify regional crime; evaluate, classify and differentiate types of latent crime; to develop the scientific problems of crime; create crime prevention concepts.

NO 5. Based on the methodology of studying customs activities and customs policy of the Republic of Kazakhstan, systematically disclose and evaluate the main theoretical and practical problems of the development of the process of unification of legislation in the framework of the Eurasian Economic Union. To conduct a scientific discussion on current issues of legislation within the framework of EurAs; understand systemically the development of the customs legislation of the countries of the Eurasian Economic Community - EurAsEC.

NO 6. Summarize and classify the conceptual provisions of civil law; develop qualified legal opinions and hold consultations on civil law issues; compare national and foreign civil legislation; systematize and interpret scientific theories and concepts of civil law.

NO 7. Critically evaluate the institution of constitutional review; develop a theory of the constitutional process; evaluate reforms in public administration; compare national and foreign legislation regarding public administration.  

NO 8. Evaluate the processes of modernization of legislation in the field of social security; develop a mechanism for the protection of intellectual property rights. To critically evaluate the global trends and dynamics of the development of modern scientific schools in the field of social security law; explain and justify the scientific position on the legal ways of modernization of the social security legislation of the Republic of Kazakhstan. Evaluate and critically analyze the mechanism of protection of intellectual property rights; to conduct a dialogue on theoretical and practical problems of the protection of intellectual property rights; predict the further development of legal regulation of intellectual property rights.

NO 9. Systematically analyze the legal problems of international economic cooperation; develop mechanisms for the development of integration relations in international law. Analyze and identify promising areas of development of legal regulation of economic relations of Kazakhstan with foreign countries; critically evaluate the legal basis of international economic cooperation of Kazakhstan with foreign countries;

NO 10. Systematically understand and classify criminopenological parameters of punishments and their types, criminal and criminopenal phenomena; analyze the processes of reforming criminal proceedings. Develop teaching materials for conducting training sessions and extracurricular work on legal disciplines using innovative educational technologies and interactive teaching methods based on their critical thinking.

NO 11. Understand systematically the main directions for improving the legal mechanism for environmental protection and, on this basis, assess the level of development of environmental protection activities in the Republic of Kazakhstan; to conduct a dialogue on the evaluation of scientific concepts on the problems of legal regulation of environmental activities; taking into account international standards, determine the development trend of the legal mechanism for environmental protection of the Republic of Kazakhstan.

NO 12. To build a research process on the topic of the thesis; reasonably and reasonably present scientific results for discussion in scientific discussions and publications, as well as in national and international peer-reviewed publications. To be ready for correct and tolerant interaction in society, for social interaction and cooperation for solving problems of legal science.

2.2  Expected results for each EP module

2.3  (in accordance with the Manual on the description of learning outcomes).

2.4  Module Name

M-1 Theoretical questions of state and right: new views

 

Upon successful completion of this module, doctoral students should be able to:

1. To argue and synthesize new legal ideas based on philosophical categories; rank scientific schools of law; evaluate the importance of different legal concepts for legal practice

2. To analyze and evaluate, taking into account the latest achievements of the social sciences, the essence, functioning and further development of the state and law.

3. To critically evaluate and rank the types of conflicting legal relations, to determine the role of law in the prevention of social conflicts; develop a methodology for applying legal conciliation procedures to resolve social conflicts;

4. To determine the role and importance of the institution of mediation, to determine ways to improve the institution of mediation; analyze and evaluate alternative dispute resolution, conciliation procedures

5. Systematize and interpret scientific theories and concepts of civil procedural law; to critically analyze, evaluate and synthesize new and complex ideas regarding lawsuit proceedings; protection of business entities; procedural complicity; procedural succession.

6. On a systematic basis, carry out an analysis of criminal law, procedural, forensic, criminological, social aspects of latent crime

7. evaluate and rank the causes and conditions conducive to the commission of crimes; taking into account victimological parameters, create, develop and adapt methods for studying latent crime;

8. to hold a scientific discussion on current issues of legislation within the framework of EurAs; understand systemically the development of the customs legislation of the countries of the Eurasian Economic Community - EurAs;

2.4 М-2 Actual problems of harmonization of civil law

 

 

Upon successful completion of this module, doctoral students should be able to:

1. systematically operate with legal concepts and categories in the field of civil law;

2. develop qualified legal opinions and advice on civil law issues;

3. analyze and argue their own views on the development of the basic conceptual provisions of civil law;

4. to conduct a comparative analysis of the civil legislation of the Republic of Kazakhstan and foreign countries;

5. demonstrate the ability to critically analyze, evaluate and synthesize new and complex scientific ideas on the problems of unifying civil legislation within the Eurasian Economic Space;

6. assess the level of compliance of the civil legislation of the Republic of Kazakhstan with international standards;

7. to argue and defend their point of view with the reflection of their knowledge and conclusions on the problems of resolving legal disputes within the Eurasian economic space;

 8. to conduct a dialogue in the wide circles of the scientific community and society in the form of a scientific discussion on the problems of unifying civil legislation in the framework of the Eurasian Economic Space.

2.5 М-3. Problems of improving the legislation of constitutional control. Modernisation of social security legislation. / Рroblems of legal regulation of international cooperation of Kazahstan / Рroblems of a kriminopenologiya

 

         Upon successful completion of this module, students should be able to:

1. systematically understand the essence and features of constitutional control as an integrated institution of law; to argue the importance of the system of constitutional control for the formation of the rule of law; to assess the specifics of the activities of the Constitutional Council of the Republic of Kazakhstan and the elements of constitutional control;

2. conduct a dialogue and to argue its position on the newest provisions of the theory of public administration with equal status, the broad scientific community and society as a whole; generate new directions for further development of the public administration system in the Republic of Kazakhstan;

3. systematically understand the problems of modernization of social security legislation; to critically evaluate world trends and the dynamics of development of modern scientific schools in the field of social security law; explain and argue the scientific position on the legal means of modernization of the social security legislation of the Republic of Kazakhstan;

4. assess and critically analyze the mechanism of protection of intellectual property rights; to conduct a dialogue on theoretical and practical problems of the protection of intellectual property rights; predict the further development of legal regulation of intellectual property rights.

5. analyze and identify promising areas of development of the legal regulation of economic relations of Kazakhstan with foreign countries; critically evaluate the legal basis of international economic cooperation of Kazakhstan with foreign countries;

6. systematically understand the main directions of improvement of the legal mechanism for environmental protection and, on this basis, assess the level of development of environmental protection activities in the Republic of Kazakhstan; to conduct a dialogue on the evaluation of scientific concepts on the problems of legal regulation of environmental activities; taking into account international standards, determine the development trend of the legal mechanism for environmental protection of the Republic of Kazakhstan.

7. systematically understand the current problems of criminopenology and criminal criminal behavior; critically analyze the basic teachings on punitive crime; rank types of criminal criminal behavior; to rank criminopenological parameters of punishments and their types; systematically classify criminal and criminopenal phenomena;

8. argue and evaluate the legal nature of criminal justice and on this basis to justify the specifics of criminal justice; generate new ideas on the normative content of international criminal justice standards.

3. Areas of graduate professional activity

3.1 The planned field of professional activity of the graduate

 

Training is planned in the following areas of professional activity:

- educational;

- educational (pedagogical);

- scientific;

- law enforcement;

- human rights;

- consulting;

- expert;

- information and analytical;

- project;

- organizational and managerial

3.2 Types of activity (professions) for which the graduate of the EP is mainly preparing

 

Training in the field of professional activity includes the following activities, professions, qualification levels:

-           Professor;

- Researcher Research Institute

-Judge;

- prosecutor;

- a lawyer;

- legal consultant

- law enforcement officers

Related professional activities in the specialty are:

- political scientist;

- information and analytical specialist;

     - human rights activist


3.3 Analysis and needs of the labor market for graduates of this EP

The legal profession is of strategic importance. Every second university trains lawyers. In total, at the beginning of the 2018/2019 school year, there are 128 universities in Kazakhstan, including branches. 45 universities are state-owned, 79 are private and 4 are foreign-owned. Lawyers are trained in: undergraduate - 61 educational institutions, magistracy - 38, doctorate - 7.

One third of qualified teachers work in several universities at the same time. The quality of education and the availability of knowledge fades into the background. In the first place for universities is a commercial interest [1].

1Kravchenko A. In Kazakhstan, there is a shortage of real lawyers // Republican Bar Association // http://advokatura.kz/v-kazahstane-defitsit-nastoyashhih- yuristov/

According to the Statistics Committee of the Ministry of National Economy of the Republic of Kazakhstan, the number of full-time faculty in Kazakhstan is 38,275 people, including 5,630 part-time teachers. A doctoral degree is held by 8.4% of the total faculty members, a candidate of science - 33.7%, a professor title - 6%, and a senior lecturer - 14.8%. The number of teachers with an academic master’s degree is 12,337 people, or 32.2%, while the PhD and doctor of study profile are 2,379, or 6.2%. [2].

2 Almost 54% of students of Kazakhstani universities - girls // https://forbes.kz/news/2019/02/03/newsid_192104

 

4. Requirements for applicants

 

Professional education - doctoral studies are carried out on the basis of higher postgraduate (master) education. Admission to the doctoral program is carried out on a competitive basis on the basis of the results of the entrance exams in accordance with the “Model rules for admission to universities”.

The conditions of competitive selection correspond to the “Model rules for admission to the doctoral program of universities of the Republic of Kazakhstan”.

 

 

(Supplement 2.1)

Module Name

Program learning outcomes

1

2

3

4

5

6

7

8

9

10

11

12

Theoretical questions of state and right: new views

А1

В1

 

В3

В4

 

 

 

 

 

 

D

Actual problems of harmonization of civil law

А1

 

В2

 

В4

С1

 

С3

 

 

 

D

Problems of improving the legislation of constitutional control. / Modernisation of social security legislation. / Рroblems of legal regulation of international cooperation of Kazahstan / Рroblems of a kriminopenologiya

 

А1

 

 

В3

 

 

С2

С3

С4

С5

С6

D