IMPLEMENTATION OF THE PRINCIPLES OF CRIMINAL JUSTICE IN THE ACTIVITIES OF A SPECIALIST AND A FORENSIC EXPERT: PROBLEMS AND PROSPECTS. Part 1.
DOI:
https://doi.org/10.52026/2788-5291_2023_73_2_97Keywords:
criminal proceedings,, forensic examination,, forensic expert,, methods,, source of evidence,, foreign specialist.Abstract
The presented work continues to consider the issue of compliance with the constitutional principles of justice, in the activities of a forensic expert and specialist, which are enshrined in criminal procedure legislation and other legal acts. The first part of this work was devoted to the legal analysis of the activities of a specialist in criminal proceedings. It indicated that according to the criminal procedure legislation, two types of them can be distinguished: - specialist; - employee of an authorized unit of a law enforcement or special state body of the Republic of Kazakhstan. The reasoned conclusion is made that the presence of specialists in departmental subordination contradicts the principles of justice enshrined in the Constitution of the Republic of Kazakhstan, and also violates the principles of criminal procedure established in the CPC of the Republic of Kazakhstan. The proposed continuation of the conducted research is devoted to the disclosure of the legal content of the forensic expert, as well as conclusions and proposals aimed at improving the activities of the specialist and the forensic expert. Therefore, this work has been prepared in the context of the direction in which "it is important to continue taking measures aimed at modernizing forensic expertise".