LIABILITY OF MINORS FOR OFFENCES IN THE FIELD OF INFORMATIZATION AND COMMUNICATIONS: A COMPARATIVE LEGAL ANALYSIS

H. Halibati; S. Adilgazy; N.K. Amirov; S.B. Duzbayeva; L. Bissengali

doi:10.26577/

Authors

H. Halibati Al-Farabi Kazakh National University https://orcid.org/0009-0000-4664-7844 (unauthenticated)
S. Adilgazy Narxoz University https://orcid.org/0000-0001-8625-4172 (unauthenticated)
N.K. Amirov Narxoz University https://orcid.org/0009-0000-2525-1410 (unauthenticated)
S.B. Duzbayeva Al-Farabi Kazakh National University https://orcid.org/0000-0002-9510-8203 (unauthenticated)
L. Bissengali Al-Farabi Kazakh National University https://orcid.org/0009-0001-8579-0990 (unauthenticated)

DOI:

https://doi.org/10.26577/

Abstract

The article is devoted to the topical issues of legal liability of minors for offences in the field of informatization and communications in the context of the development of a digital and information society. The widespread use of information and communication technologies and the active involvement of adolescents in the digital environment significantly increase the risks of cybercrime and other unlawful acts committed by minors, which necessitates comprehensive academic analysis and legal assessment.

The purpose of the study is to conduct a comparative legal analysis of the legislation of the Republic of Kazakhstan and foreign countries, as well as law enforcement practices related to holding minors liable for offences in the field of informatization and communications, and to formulate proposals for improving legal regulation and preventive measures. The main research directions include the analysis of criminal law provisions, the study of foreign experience (the United States, the United Kingdom, China, Canada, Germany, and Russia), and the assessment of the balance between the principles of humanism and the inevitability of legal responsibility.

The methodological framework of the research is based on dialectical, comparative legal, and normative-logical methods, as well as methods of analysis, generalization, and systematization. As a result of the study, the key models of state responses to cyber offences committed by minors have been identified, their advantages and shortcomings have been analyzed, and the necessity of a differentiated and comprehensive approach to liability measures has been substantiated, taking into account the age of the offender, the degree of guilt, and the extent of the damage caused.

The scientific value of the article lies in the development of a comparative legal approach to the issue of juvenile liability in the digital sphere. The practical significance of the findings consists in their potential application in improving legislation, law enforcement practice, and preventive programs aimed at fostering legal awareness and safe behavior of minors in the information environment.

Keywords: legal liability of minors, offences in the field of informatization and communications, juvenile cybercrime, prevention of digital offences

Author Biographies

H. Halibati, Al-Farabi Kazakh National University

doctoral student of Al-Farabi Kazakh National University
S. Adilgazy, Narxoz University

PhD, Associate Professor at «Narxoz» University
N.K. Amirov, Narxoz University

candidate of law, PhD, assistant Professor of the «Narxoz» University
S.B. Duzbayeva, Al-Farabi Kazakh National University

PhD, associate professor of the department of criminal law, criminal procedure and criminalistics, faculty of law, al-Farabi kazakh national university
L. Bissengali, Al-Farabi Kazakh National University

PhD, senior lecturer at the department of criminal law, criminal procedure and criminalistics, faculty of law, al-Farabi kazakh national university