ON THE STRENGTHENING OF CRIMINAL PROCEDURE MEANS OF COUNTERACTION TO EXTREMISM AND TERRORISM

Authors

  • Arstan Nokeshevich Akhpanov
  • Alexander Leonidovich Khan

Keywords:

extremism, terrorism, unification, differentiation, production system, pre-trial investigation, procedural form, evidence and proof, procedural agreement on cooperation, conciliation proceedings in court

Abstract

The article is devoted to the improvement of the legal regulation of the procedure for criminal proceedings on extremism and terrorism in the Republic of Kazakhstan. The authors carry out a comparative legal analysis of the existing scientific approaches to the subject of the study, the novels of criminal proceedings in the cases in the category under consideration, designate features of the subject and the process of proof.They pose the problem of further differentiation of the criminal procedure form of pre-trial investigation, which is based on a high degree of public danger of extremism and terrorism. From this paradigm there arises the necessity of applying individual measures of a restrictive nature, which assume the priority of the public interest of the state over the private interest of the person brought to criminal responsibility.Particular attention is paid to the issue of rational minimization of procedural guarantees to ensure the rights and freedoms of the individual within the framework provided by the Constitution of the Republic of Kazakhstan.The authors propose amendments and additions to the existing criminal procedure legislation and the introduction of an independent chapter regulating the peculiarities of criminal proceedings on extremism and terrorism. The argument is made about the need to classify legal proceedings in this category of cases as special, complicated proceedings of a restrictive nature.According to the authors, such an approach will help increase the detection of crimes of extremism and terrorism, and will ensure the comprehensiveness and comprehensiveness of the investigation of the circumstances of the case. 

Published

30.03.2019

How to Cite

Akhpanov . А. Н., & Khan А. Л. . (2019). ON THE STRENGTHENING OF CRIMINAL PROCEDURE MEANS OF COUNTERACTION TO EXTREMISM AND TERRORISM. Scientific and Legal Journal «Bulletin of the Institute of Legislation and Legal Information of the Republic of Kazakhstan», 1(55). Retrieved from https://vestnik.zqai.kz/index.php/vestnik/article/view/284