PROSPECTS OF LEGAL REGULATION OF THE INVESTIGATIVE ACTIVITIES IN THE REPUBLIC OF KAZAKHSTAN

Abstract

The aim of the article is to scientifically forecast the prospects of legal regulation of field agent activity in the Republic of Kazakhstan. Author researches the process of development of the legal regulation of field agent activity in Kazakhstan, as well as he considers the key aspects of correlation of that activity and the criminal process. As a result of comparative analysis of the legislation of former Soviet Republics in combination with the research of the theoretical views of domestic and foreign scientists the main trends of legal regulation of the covert methods of law enforcement were identified. Implementation of the institute of the secrete investigative actions into Kazakh Criminal Procedural Law and passing of the law on counterespionage activity were followed by the reduction of the number of tasks of field agent activity and it allows to suppose, that the Law On field agent activity has no future anymore.     Author stands for the Law On field agent activity to be saved. He supposes it has a potential of development and further systematization. In support of his arguments, author notes that the search for criminals and missing citizens as well as the crime prevention and preliminary check are important areas of law enforcement, but are not regulated by criminal procedure and counterespionage legislation. In addition, in 2017 the tasks of field agent activity were supplemented by the task of assistance to organizations in the protection of trade secrets. This indicates a potential expansion of the scope of the Law On field agent activity in the Republic of Kazakhstan. Reflecting on the prospects for systematization of field agent activity regulation, author excludes its codification in the foreseeable future. At the same time, codification is not the only tool for systematization of legislation. The other tools should be used as well, for example, – consolidation.