THE MEASURES FOR EXPANDING SCOPE OF JUDICIAL CONTROL IN PRE-TRIAL PROCEEDINGS

Abstract

 The article proposes to consider the issue of improving judicial control at the pre-trial stages of the criminal process, which is topical from the theoretical perspective and in practice. This direction is regarded as foreground taking into account the main program documents, such as the Concept of Legal Policy and the Plan of the Nation «100 concrete steps».

The article analyzes the relevant provisions of the criminal procedural legislation, identifies shortcomings and suggests ways of their elimination. In particular, it is proposed to emphasize the importance of the institute of judicial control by including it as a principle in the Criminal Procedure Code. This measure will serve as a starting point for all subsequent reforms in this field. Besides, the scope of authority granted to the investigating judge requires a revision in the direction of expansion, which will contribute to bringing the institute of the investigating judge in accordance with the best world practices.

At the same time, the work examines international standards in the area of exercising judicial control over pre-trial proceedings, and identifies positive elements that may be reflected in Kazakhstan's criminal procedural legislation. The article emphasizes the importance of improving national legislation on the basis of a detailed study of international legal standards in view of the underdevelopment of the domestic institute of judicial control and the need to revise the conceptual foundations of this legal phenomenon.

The work concludes with a position on the need for a phased withdrawal from the institute of prosecutor's supervision in the framework of pre-trial proceedings in order to avoid duplication of the court's authorities and due to its higher effectiveness in ensuring respect for rights and legitimate interests of the individual.