ҚЫЛМЫСТЫҚ БҰЙРЫҚ ӨНДІРІСІ: ІС ЖҮРГІЗУ НЫСАНЫН САРАЛАУ МӘСЕЛЕЛЕРІ

Authors

  • Lyazzat Erlanovna Nurlumbaeva
  • Leonid Vladimirovich Brusnitsyn
  • Arstan Nokeshevich Akhpanov

Keywords:

criminal procedure law, criminal process, differentiation of the procedural form, purposeful production (simplified, accelerated, shortened, total), order proceedings

Abstract

Rapid globalization in the field of criminal procedure law favors the integration of diverse forms and types of pre-trial and judicial proceedings, previously not characteristic of traditional national legal systems. This trend is associated with many development trends of the modern state and society. In this regard, the authors of the article discusses topical issues of the application of the institution of order proceedings in the criminal process of the Republic of Kazakhstan.Currently, despite many opinions regarding the content and correlation of simplified, accelerated, reduced and summary criminal procedure proceedings, there is no single approach to their clear definition and delineation. The authors propose to consider this issue from the perspective of systematization and classification of the procedural form in the criminal process. They identified the components of the generic concept - purposeful production. In this aspect, order production is considered as a type of purposeful production in a simplified form. The problems of theory and law enforcement practice related to the “migrating” offenses are investigated - between the Code of Administrative Offenses and the Criminal Code of the Republic of Kazakhstan. The conclusion is substantiated that the need for a clear distinction and certainty in substantive law will contribute to better procedural regulation in the investigation and consideration of cases. In addition, the article explores some aspects of Recommendation No. 6 R (87) 18 of the Committee of Ministers of the Council of Europe “Concerning the simplification of criminal justice”, based on the analysis of which relevant proposals have been developed.In the process of studying the problem, methods of comparative legal analysis, deduction, forecasting and others were used. On the basis of the study, relevant recommendations were developed with the aim of improving the legislative regulation of order production, the conditions for its successful application in Kazakhstan are considered.  

Published

30.09.2020

How to Cite

Nurlumbaeva . Л. Е., Brusnitsyn . Л. В. ., & Akhpanov А. Н. (2020). ҚЫЛМЫСТЫҚ БҰЙРЫҚ ӨНДІРІСІ: ІС ЖҮРГІЗУ НЫСАНЫН САРАЛАУ МӘСЕЛЕЛЕРІ. 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/165