ISSUES OF PRACTICAL APPLICATION OF THE PRESUMPTION OF INNOCENCE AS A CONSTITUTIONAL PRINCIPLE OF JUSTICE

Authors

  • Tolkyn S Nurysheva

Keywords:

justice, the constitutional principle, the principle of the presumption of innocence, the code of administrative offences, administrative arrest, litigation

Abstract

Since the principles of justice play an important role in ensuring the rule of law and the protection of human and civil rights, the existence of problems arising in their application determines the relevance of the topic under study.

The article discusses the features of legal consolidatin and application of the principles relating to the organization and activities of the judiciary, since most of the principles are reflected in the Constitution of the Republic of Kazakhstan.

The author in detail stop on the concepts of «presumption of innocence» enshrined in article 19 of the Criminal procedure code of the Republic of Kazakhstan, and «presumption of innocence» contained in article 10 of the Code of Kazakhstan on administrative offences (hereinafter - CАО), and scientific and legal scholars regarding the explanation of this principle, and concludes that the constitutional principles of justice are, in General, criminal procedural character.

Special attention is paid to the issue of applying the presumption of innocence in judicial practice as a constitutional principle of justice in cases of administrative offenses. The author draws attention to the fact that when executing a decision on deprivation of a special right and imposition of administrative arrest, a question arises regarding the application of the principle of presumption of innocence.

The author also notes that, under paragraph 3 of article 884 CАО of the resolution on imposing of an administrative penalty in the form of deprivation of a special right and an administrative arrest shall be executed from the moment of its adoption, and part 1 of article 832 CАО established that the complaint, appeal the Prosecutor's request for a court order may be filed within ten days from the date of delivery of the decision, according to paragraph 3 of article 829-5 CАО the complaint, the protest on the resolution on administrative arrest, if the person prosecuted, serving administrative detention, are subject to review within one day from the moment of filing a complaint or protest, and concludes that the constitutional principle of presumption of innocence is not observed in the execution of decisions on the above-mentioned administrative penalties.

The author proposes to make an addition to the Constitution of the Republic of Kazakhstan in terms of the «constitutional principles of the administration of justice» and change the relevant norms of the administrative Code to comply with the principle of presumption of innocence.

Published

30.09.2020

How to Cite

Nurysheva Т. С. (2020). ISSUES OF PRACTICAL APPLICATION OF THE PRESUMPTION OF INNOCENCE AS A CONSTITUTIONAL PRINCIPLE OF JUSTICE. Scientific and Legal Journal «Bulletin of the Institute of Legislation and Legal Information of the Republic of Kazakhstan», 3(61). Retrieved from https://vestnik.zqai.kz/index.php/vestnik/article/view/153