THE WITNESS IN THE CRIMINAL PROCEDURE CODE THE REPUBLIC OF KAZAKHSTAN
Keywords:
legislative strengthening the participation of witnesses in criminal proceedings, implementation, the notion of responsibility, the concept of the rights and duties of a witness, an investigative action, investigative action with the participation of a witness, the presence of witnesses in criminal proceedingsAbstract
This article is devoted to the features of participation of the witness in the criminal process of the Republic of Kazakhstan from the point of view of the implementation of certain provisions of the criminal procedural legislation of Ukraine in the legislation of the Republic of Kazakhstan.
The article draws attention to the obvious imperfection of the norms representing the participation of the witness in the criminal process. In particular, the article examines the problematic issues of the functioning of Article 82 of the Criminal Procedure Code of the Republic of Kazakhstan "Witness". In the work the author lists both issues of inconsistency with the logic of the criminal process, arising from the content of this article, as well as various inaccuracies that complicate the performance of functions witness. The author pays special attention to the logic of observing the right of voluntary participation as a witness. According to the results of the research, the author's design of Article 82 of the Criminal Procedure Code of the Republic of Kazakhstan "Witness" is presented. In addition, the author posed problems related to the functioning of other special moments of Article 82 of the Criminal Procedure Code of the Republic of Kazakhstan, in particular those relating to issues of legal technique. The author expresses the hope that these recommendations can be used not only in the process of further improvement of the criminal procedural legislation, but also can play a role in the formation of legal culture and legal consciousness of citizens.
