PROBLEMS OF INTERPRETATION OF NORMS OF EVIDENCE LAW IN THE KAZAKHSTAN CRIMINAL PROCEDURE
Keywords:
Constitution, normative resolution, Supreme Court, courts, pretrial investigation, evidence, assessment, reliability, justiceAbstract
The authors of the article raise one of the pressing issues of the law enforcement practice of the Republic of Kazakhstan related to the evaluation of the evidence of the pretrial investigation bodies in judicial instances. Their analysis of judicial and investigative practice, the main theoretical concepts in the field of evidentiary law led to the conclusion that some regulatory decisions of the Supreme Court of the Republic of Kazakhstan do not fully explain the current provisions of the law on the issue. In turn, this serves as the basis for a literal, broad or individual interpretation by the judges of the provisions specified in them, laying them at the basis of final court decisions, including acquittals. The authors analyze in detail the explanations of normative resolution No. 4 of the Supreme Court of the Republic of Kazakhstan dated April 20, 2006 «On some issues of assessing evidence in criminal cases». They identified theoretical and other gaps that allow the courts to interpret the law ambiguously in defiance of the rights of citizens involved in legal proceedings, giving unilateral priority to the defense and ignoring the procedural and other interests of law-abiding citizens. The authors formulated proposals of a theoretical and applied nature, which, in their opinion, can stabilize the situation in the criminal process of the Republic of Kazakhstan in accordance with generally recognized international standards and principles of the administration of criminal justice.