ABOUT JUDICIAL FORM OF REFUSE TO BEGINNING OF PRE-TRIAL INVESTIGATION

Abstract

The article is sanctified to the problems of beginning of pre-trial investigation in rule-making of Republic of Kazakhstan. Authors examine the questions of refuse in registration of appeal in ЕРДР and necessity of taking away of official legal act the organ of the criminal proceeding salient the judicial founding for the subsequent actions of both административно-правового and civil legal character. Similarly in the article a question is examined about correlation of competenses on consideration of complaints in relation to a refuse to beginning of pre-trial investigation between a public prosecutor and inquisitional judge.

Appealing to the results of questioning of employees of inquisitional subdivisions conducted by them and to statistical data about practice of taking away of private decisions inquisitional judges, the authors of the article pay attention to negative tendency of general registration of all acting statements (reports) about the supposed or perfect offences even at presence of statutory circumstances impedimental to beginning of pre-trial investigation. As a result they come to the conclusion about the necessity of making alteration for operating procedure of two-stage process of appeal of actions (on actions) and decisions of organs of the criminal proceeding by the normative fixing of prohibition (but not binding overs) on possibility of permission of complaints about a refuse to beginning of pre-trial investigation in order of department consideration. Permission of local legal spores between citizens and organs of the criminal proceeding in relation to a refuse in registration of appeal is a prerogative of inquisitional judge, but not.