IMPLEMENTATION OF THE PRINCIPLES OF CRIMINAL JUSTICE IN THE ACTIVITIES OF A SPECIALIST AND A FORENSIC EXPERT: PROBLEMS AND PROSPECTS. Part 1.
DOI:
https://doi.org/10.52026/2788-5291_2022_71_4_146Keywords:
principles, criminal procedure, specialist, forensic expert, recusal, foreign specialistAbstract
Kazakhstan's criminal procedure legislation enshrines important guiding principles of criminal proceedings, which are aimed at ensuring fundamental human rights and freedoms when bringing him to criminal responsibility. Therefore, the inconsistency of giving a human court to these guiding principles, called principles, entails the illegitimacy of all actions and decisions in the process of criminal proceedings. In the presented study, the author conducted a study of the actual issue of compliance with the principles of criminal procedure in the activities of such special procedural figures as a specialist and a forensic expert. The peculiarity of these persons is that they have certain, special knowledge and skills that help the court to make a lawful, fair and reasonable decision on a criminal case. Based on the voluminous content of the study, it was divided into two parts. Its first part is devoted to the analysis of the regulatory framework governing the activities of a specialist. The results of the study, which revealed the main content of the activities of the forensic expert, will be presented in the second part. An analysis of the criminal procedure legislation of Kazakhstan regulating the legal status and powers of a specialist has shown that there are unreasonable privileges for a specialist - "an employee of an authorized subdivision of a law enforcement or special state body of the Republic of Kazakhstan" in comparison with a specialist who does not belong to these state bodies. The presence in criminal proceedings of specialists with a pronounced departmental affiliation to the criminal prosecution bodies contradicts the principle of justice established in the Constitution of the Republic of Kazakhstan, as well as the principles of criminal procedure enshrined in the Criminal Procedure Code of the Republic of Kazakhstan. Based on the conducted research, measures are proposed to eliminate the unjustified expansion of the powers of a specialist related to criminal prosecution bodies, as well as proposals for establishing objective truth in criminal proceedings.