The Role of Information and Communication Technologies in Civil Law Relations: Analysis of the Civil Code of the Republic of Kazakhstan
| Autor | Zhandos K. Zhetibayev, Sara K. Idrysheva |
| Cargo | Zhandos K. Zhetibayev ? Chairman of the Akkol district court of Akmola region, PhD student at the Higher School of Law, M. Narikbayev KAZGUU University, Nur-Sultan, Republic of Kazakhstan. His scientific interests concentrate on juridical practice and enforcement of law issues. E-mail: zhetibayev5409@uoel.uk. - Sara K. Idrysheva ? Full Doctor... |
| Páginas | 121-138 |
The Role of Information and Communication Technologies in Civil Law Relations... (p. 121-138) 121
ZHETIBAYEV, Z. K; IDRYSHEV A, S. K.
The Role of Information and Communication Te chnologies in Civil
Law Relations: Analysis of the Civil Code of the Republic of Kazakhstan
.
The Law, State and
Telecommunic ations Review
, v. 13, no. 2, p. 121-138, October 2021.
The Role of Information and Communication
Technologies in Civil Law Relations: Analysis of
the Civil Code of the Republic of Kazakhstan
Submitted
: 16 September 2020
Zhandos K. Zhetibayev*
ORCID: https://orcid.org/0000-0002-7647-9068
Sara K. Idrysheva**
DOI: https://doi.org/10.26512/lstr.v13i2.34142
Revised
: 18 January 2021
Accepted
: 21 January 2021
Article submitted to peer blind review
Licensed under a Creative Common s Attribution 4.0 International
Abstract
[Purpose]
The purpose of the study is t o establish using the methods of legal linguistics,
synthesis and analysis of information the mechanism of formation of the conceptual sphere
of cybersecurity and its representation in the texts of regulations.
[Methodology]
The methodological basis of the study was determin ed by the hermeneutic
approach to jurisprudence which is mai nly focused on methodology, legal technique, the
logical and semantic interpretation of certain provisions of various branches of law. In the
process of research, methods of analysis and synthesis of informat ion, the comparative
analysis also were used.
[Findings]
The authors note that the use of the system of civil law relations affects both
the ci vil sphere directly and the proced ural aspects of relation s and part ially the c riminal
branch of law. The synergistic nature of informati sation of civil law relations and consider
it as a part of the system of general cybersecurity of the state as a whole were emphasized.
The use of this concept and its legal construction was rev ealed.
[Practical Implications]
The practical significance of the study is determined by the
possibility of form ing an integrated system of using the mechanism for predicting the
development of information and communication technologi es to form an equilibrium
environment for ensuring the rule of law.
[Originality]
The novelty of the study is determined by the fact that information and
communication technologies are und erstood as components of a larger system of ensuring
legal secur ity in a country a s a whole.
Keywords
: Civil Tur nover. Structur e. Cybersecur ity. Legal Le xicography. Information
Law.
*
Zhandos K. Zhetibayev – Chair man of the Akkol district court of Akmola region, PhD
student at the Higher School of Law, M . Narikbayev KAZGUU University, Nur-Sultan,
Republic of Kazakhstan. His scientif ic interests concentrate on juridical practice an d
enforcement of law issues. E- mail:
zhetibayev5409@uoel.uk.
**
Sara K. Idrysheva – Full Doctor in Law, Professor at the Department of Private Law,
Higher School of Law, M. Narikbayev KAZGUU University, Nur -Sultan, Republic of
Kazakhstan. Her resea rch area include s civil, contract and international la w aspects.
Address: 010000, 8 Korgalzhyn Highway, Nur-Sultan, Republic of Kazakhst an.
122
The Role of Information and Communication Technologies in Civil Law... (p. 121-138)
ZHETIBAYEV, Z. K; IDRYSHEVA , S. K.
The Role of Information and Communication Te chnologies in Civil
Law Relations: Analysis of the Civil Code of the Republic of Kazakhstan
.
The Law, State and
Telecommunic ations Review
, v. 13, no. 2, p. 121-138, October 2021.
INTRODUCTION
Cybersecurity is an integral part of national security and then acts as a
guarantee of the sovereignty and v iability of the state. Therefore, while
cybersecurity issues will be resolved segmentally within individual branches of
law in different projections and inter pretations, it is rather problematic to assert
its effectiveness (MACAK, 2016). First of all, the development of conceptual
approaches to cy bersecurity policy in the conditions of the Republic of
Kazakhstan is required, which strategically and tactically unites all aspects of this
area of activity. The first steps in this direction have been made, because both the
Strategy f or Cybersecurity of the Financial Sector of Kazakhstan (Kazakhstan,
2018) and the Doctrine of Information Security (Civil Code, 1994; Message from
the President, 19997) were adopted. However, these documen ts reflect not so
much the state of the system in the future, to the construction of which the
activities of the national cybersecurity system should be directed, but rather to
overcome immediate thr eats, primarily those associated with the threat from the
external environment (AMATO et al, 2020). The complexity and versatility of the
problem have led to its research by diverse specialists: lawyers, philosophers and
political scientists, information technologies.
Recently, scientific activity in the field of legal lingu istics, which is at the
intersection of law and applied linguistics, has also significantly intensified
(RUTKOWSKI, 2011). In the field of view of scientists, there are various aspects
of the formation and functioning of the legal terminology system, the normative
nature of the interpretation of linguistic units in legal lexicography, the language
of law and speech of laws at th e level of the lexical-stylistic and grammatical
application of linguistic means in the tex ts of normative legal acts. Now many
new terms need to be studied, for example, the term “electronic transaction”. An
electronic transaction is an action o f a person aimed at acquiring, changing or
terminating civil rights and o bligations, carried out using information and
telecommunication systems (BAHUGUNA et al., 2018).
Despite significant improvements in related fields of science, the issue of
the legal linguistic foundations for the formation of the cybersecurity policy
concept sphere practically remained outside the field of vision o f scientists,
therefore, requires coverage (NAMAZIFARD et al., 2015; WANG, 2017). Using
scientific metaphors, a rule of law can be compared to the tip of an iceberg, most
of which is underwater. In this invisible part, the conceptual sphere “hides” as a
holistically formed idea of a particular concept in its autonomo us existence and
the paradigm of interaction with other elements of the system (PARMAR and
PATEL, 2016). Thu s, there is reason to consider the conceptual sphere not only
as a con ditional abstract but also the materialisation of the id eas of the goal
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