INTERNATIONAL LEGAL AID ON CRIMINAL PROCEEDINGS IN ACCORDANCE WITH THE CRIMINAL PROCEDURAL LAW OF THE REPUBLIC OF KAZAKHSTAN

Abstract

Expansion of international cooperation of the states in the field of criminal proceedings is the reason for revision of methodological approach to learning some legal categories. The article presented considers criminally- procedure relationships arising during rendering the legal assistance as an independent institution of the sub-sector – international cooperation included in the criminally-procedure law. As the result of learning the scientists’ opinions in the field under question, the author has established the absence of shared vision concerning the content of the institution, sub-institution as well as law sub-sector in the scientific literature, which causes methodological difficulties upon consideration of such categories as legal assistance and international cooperation. Analyzing international cooperation the author has emphasized its peculiarities reflected by means of external separation and incorporation of several independent institutions, the subject of regulation – specific legal relationships going beyond the other procedural methods and approaches of legal regulations, special principles, the existence of own section explaining general conditions of the international cooperation. The author concludes that legal assistance is an independent institution of criminally-remedial law included in the sub-sector – international cooperation. The obtained results reflecting scientific understanding of legal assistance and international cooperation can serve as the basis for further scientific polemic and new scientific researches upon preparation of scientific and practical manuals, academic recommendations concerning learning problems of the international cooperation and criminal process as a whole, as well as in legislation and teaching legal subjects.