PROBLEMS OF THE EFFICIENCY OF THE CRIMINAL PROCEDURE CODE

Abstract

This article is the first part and the beginning in a series of publications devoted to the analysis of the effectiveness of the current Code of Criminal Procedure of the Republic of Kazakhstan, conducted by the authors.

The results of the analysis show that changes and additions are often made to the criminal and criminal procedural legislation that violate their stability. The current frequency of amendments and additions to the above codes contributes to the occurrence of errors in law enforcement, as well as violations of the norms of these laws by persons who were not aware of the amendments.

The issues of protecting the constitutional rights and freedoms of citizens, the quality of criminal prosecution and the administration of justice by the courts continue to be relevant.

Departmental indicators (discovery, referral to court) still prevail over observance of human rights.

Negative factors in the field of criminal procedure are primarily due to the lack of clear criteria for the delimitation of powers and areas of responsibility between the pre-trial investigation bodies, the prosecutor's office and the court.

The quality of the activities of the defense side primarily depends on the range of its powers to collect evidence. The branch of criminal procedure legislation that regulates the authority to collect evidence by the defense is the most sensitive to criticism from the public, since there is an imbalance of opportunities between the defense and prosecution, which is contrary to the principle of competition and equality of the parties.

In conclusion, the authors set out proposals and recommendations, confirmed both by theoretical studies of scientists and practical examples.