PARTICIPATION OF A LAWYER IN EVIDENCE AT THE PRETRIAL INVESTIGATION STAGE (BASED ON THE MATERIALS OF THE REPUBLIC OF KAZAKHSTAN AND THE RUSSIAN FEDERATION)
DOI:
https://doi.org/10.52026/1994-408X_2020_62_4_82Keywords:
the principle of competition and equality of the parties, collection of evidence, interrogation by the investigating judge of the victim and the witness, involvement of a specialist on a contractual basis, lawyer-defender, representative of the victim, lawyer of the witness, provision of items and documentsAbstract
The quality of protection and qualified legal assistance is determined not only by the personal integrity and competence of the lawyer, but also by the state of legal regulation of his legal status. One of the most urgent directions for improving criminal proceedings is the further expansion and implementation of the principle of competition and equality of the parties. At present, the set of procedural rights of the defender, the victim's representative and the witness's lawyer is insufficient to achieve the objectives of his professional activity and needs to be expanded.
The purpose of the article is to present proposals and practical recommendations for expanding the procedural status of the defender, the victim's representative and the witness's lawyer. The object of research is the activity of the defender, the victim's representative, and the witness's lawyer in proving the case in a pre-trial investigation. The subject of the research is the theoretical provisions and legal norms that regulate the activities of the defender, the victim's representative and the witness's lawyer in the pre-trial investigation. The research has led to the use of provisions of General scientific, private methods, systematic approaches, sociological research methods, analysis of law enforcement practice.
The novelty of the article is due to the fact that for the first time after the adoption of the new Criminal procedure code of the Republic of Kazakhstan and the Law "on advocacy and legal assistance", it is proposed to consider the activities of the defender, the victim's representative and the witness's lawyer in proving in compliance with the principle of competition and equality of the parties in pre-trial investigation, its main directions; proposals are given to expand the procedural status of the defender, the victim's representative and the witness's lawyer in pre-trial investigation.