ABOUT SOME KEY ASPECTS OF THE USE OF CONCEPT «REASONABLE TERM» IN KAZAKHSTAN CRIMINAL PROCEDURE

Abstract

 The article justifies the need to introduce the concept of "reasonable term" in Kazakhstan criminal procedure legislation, provides the main international legal documents on the protection of human rights ratified by the Republic of Kazakhstan, obliging them to observe a reasonable period of pre-trial and judicial proceedings for the purpose of quick access to justice.

The author reveals the problem nature of this legal novelty, contained in the current Criminal Procedure Code of the Republic of Kazakhstan. Absence in the law of mechanisms ensuring the observance of a reasonable term and responsibility for its violation, the insufficient elaboration of control over it by the Prosecutor and Investigating Judge, led to an increase in the period of pre-trial investigation and complaints against the investigative authorities. RoK's General Prosecutor stated this negative fact and assessed it as one of the serious drawbacks of the current law enforcement practice. Also, it is noted, the weak coverage of this problem in the domestic legal science.

Correct implementation of the requirement to the law on the duration of pre-trial investigation and prevention of red tape, reveals the essence of the term "reasonable term" in the course of its production. At the same time, this legal requirement is presented in relation to the victim and the body leading the criminal process, and in relation to persons performing the function of protection.

Criteria for assessing the reasonableness of the length of pre-trial investigation – sufficiency for decision making, production of a procedural (investigative) action, resolution of a case - is the main of such criteria.

Such an approach forms an idea of the limits of a reasonable term (time) and it’s excess.

Proposal of a reasonable term requirement in the Criminal Procedure Code of the Republic of Kazakhstan; Establishing the status of the principle of criminal procedure and developing a mechanism for monitoring its compliance and also, the introduction of a criminal procedure sanction for violating this principle - formulated on the basis of analysis of Kazakhstan and foreign criminal procedure legislation (CPC of the Russian Federation, the Republic of Moldova, Georgia, the Republic of Latvia), as well as scientific literature.