SOME ISSUES ON REALIZATION OF THE PRINCIPLE OF IMPLEMENTATION OF CRIMINAL PROCEEDINGS ON THE BASIS OF THE CONSIDERABILITY AND EQUALITY OF THE PARTIES IN THE REPUBLIC OF KAZAKHSTAN

Abstract

The article analyzes some actual issues of the implementation of the principle of competitiveness and equality of parties in the criminal justice of the Republic of Kazakhstan.

Ensuring the principle of competitiveness and equality of parties in the law enforcement practice of criminal procedure legislation is one of the urgent problems. In this connection, during the research within the framework of this article, the author proposes the development of measures aimed at improving the implementation of this principle.

In the process of research, the author used methods of analysis, synthesis, comparative-legal, historico-legal, structural-system, statistical, concrete sociological methods. It should be noted that in the Kazakh legal science complex studies devoted to this subject matter under the new criminal procedure legislation were not conducted.

In this connection, the article suggests mechanisms for ensuring the principle of adversarialism and equality of the parties.

The author points out that the author strengthens the powers of the defender in criminal proceedings and extends judicial control in pre-trial stages of criminal proceedings.

Based on the quantitative indicators of the activities of the investigative judges as implementers of judicial control, the author fully supports the legislative initiative to expand judicial control in the modernization of criminal justice. Realization of the right of the defender to appear before the investigating judge on the conduct of investigative actions is an important element of the principle under investigation.