QUESTIONS OF THE REASONABLENESS TIME IN CRIMINAL AND CIVIL PROCEEDINGS

Authors

  • Elena Nikolaevna Kaliakperova

DOI:

https://doi.org/10.52026/2788-5291_2021_67_4_71

Keywords:

criminal proceedings, civil proceedings, procedural terms, reasonable terms, pre-trial proceedings, enforcement proceedings, pre-trial investigation

Abstract

The article considers a set of issues regulating reasonable time in both criminal and civil proceedings of the Republic of Kazakhstan.

Thus, in the Concept of Legal Policy of the Republic of Kazakhstan for the period from 2010 to 2020, it is noted that an effective criminal policy of the state is impossible without an optimal model of criminal proceedings, since it is by the state of criminal procedure legislation that one can judge the structure of the state and the form of its government, the position of an individual in the state and society. The form of implementation of these provisions was the adoption and entry into force of the new Criminal Procedure Code of the Republic of Kazakhstan on January 1, 2015.

The novelty of this law was the introduction of a new evaluation concept of «reasonable time» in relation to pre-trial investigation (Part 1 of Article 192 of the Criminal Procedure Code of the Republic of Kazakhstan) and the main trial (part 5 of Article 322 of the Criminal Procedure Code of the Republic of Kazakhstan). In this regard, the question arises how the provision on the «reasonableness time» will affect the criminal justice system and whether it applies to the entire institution of procedural terms.

The reasonableness of the time limits in criminal proceedings applies only to certain stages of the criminal process, directly specified by the legislator, and does not cover the entire legal proceedings as a whole. Civil proceedings do not contain a definition of a reasonable period, but in some cases they set the limits of this period, which depend on the legal relations that arise.

In civil legislation, the basic rules on the deadline for the parties to achieve the result of the obligation are fixed in article 277 of the Civil Code. It begins with the legal formula «if the obligation provides» (the deadline for execution). The term «obligation» in this case should be understood as a synonym for another legal formulation – «terms of the obligation» - indicating in a broad sense all the legal sources of proper behavior of the parties discussed above - legislative acts, provisions of contracts and unilateral transactions, business practices, other commonly imposed requirements (legal principles, commercial practices, the essence of the legal relationship).

Downloads

Published

30.12.2021

How to Cite

Kaliakperova , . E. N. (2021). QUESTIONS OF THE REASONABLENESS TIME IN CRIMINAL AND CIVIL PROCEEDINGS. Scientific and Legal Journal «Bulletin of the Institute of Legislation and Legal Information of the Republic of Kazakhstan», 4(67). https://doi.org/10.52026/2788-5291_2021_67_4_71