STRATEGY FOR THE DEVELOPMENT OF CRIMINAL PROCEDURE LAW AND LEGISLATION OF THE REPUBLIC OF KAZAKHSTAN
Keywords:
criminal procedure, criminal procedure law, special proceeding, procedural guarantees of public and private interests, pre-trial investigation, criminal prosecution, suspicion, accelerated and simplified proceeding, procedural functions, the prosecutor, court, protection side, questions of the status of individual participants in the proces, problems of proof, reasonable time, judge independence, jury trial, information TechnologyAbstract
The concept of the legal policy of the Republic of Kazakhstan, the Concept of the legal policy of the Republic of Kazakhstan for 2010-2020 has set a number of important tasks to further improve the criminal procedure legislation. To date, they have been practically resolved - a new Criminal Procedure Code has been developed and since 2015, has introduced many novels to simplify, speed up, reduce investigative and judicial procedures, streamline and delimit the procedural powers of criminal processors, strengthen the status of the defense, and ensure the rights and the legitimate interests of all persons involved in criminal proceedings.
In addition, new legal institutions, proceedings and norms have been introduced to bring Kazakhstan's criminal proceedings closer to successfully tested models of criminal investigation and administration of justice. In general, the modernization of the procedural framework for law enforcement has begun and is actively continuing.
At the same time, many legislative decisions in the course of approbation by law enforcement practice, due to the a priori approach, have shown insufficient elaboration or inconsistency with the established provisions of the theory of criminal procedure law, the needs of investigative and judicial practice, and therefore require further improvement. And there are other drawbacks that remain from the previous model of criminal procedure.
Summarizing the great work done within the framework of the mentioned Concept, it can be noted that the main strategic setting put forward in it - the creation of an optimal domestic model of criminal justice, which would contribute to the formation and implementation of effective criminal policy of the state - has not been solved.
The article presents a number of proposals for the further improvement of the national criminal process in the foreseeable future, the implementation of which, in their opinion, will lead to the creation of such a model. At the same time, the authors are firmly convinced that the work begun requires its logical continuation as a cautious and calculated reaction to the objective needs of modern investigative and judicial practice in Kazakhstan. It seems that scientifically based proposals and recommendations should not go from the norms of law to practice, but on the contrary, from practice (through approbation, pilot projects) - into legal regulation. Reform of the criminal process should be systematic, without contradictions to the established principles and logic of the criminal process, our legal culture and understanding of criminal procedural values.