Article · «Вестник Атырауского университета имени Халела Досмухамедова» · September 30, 2020

ОТКАЗ ОТ ОБВИНИТЕЛЬНОГО УКЛОНА В СТАДИИ ДОСУДЕБНОГО РАССЛЕДОВАНИЯ – ОДИН ИЗ ПУТЕЙ ЗАЩИТЫКОНСТИТУЦИОННЫХ ПРАВ ГРАЖДАН (REFUSAL OF THE ACCUSATORY BIAS AT THE STAGE OF PRE-TRIAL INVESTIGATION IS ONE OF THE WAYS TO PROTECT THE CONSTITUTIONAL RIGHTS OF CITIZENS)

Abstract

The article deals with the issues of reforming the law enforcement and judicial system in the protection of constitutional rights and freedoms of citizens, which was raised in recent years by the Head of state Kassym-Jomrt Kemelovich in his Address to the people of Kazakhstan on September 1, 2020. In the system of law enforcement agencies, there is still an accusatory bias from which it is still not possible to get rid of. The stage where the greatest violation of the constitutional rights of citizens involved in the orbit of criminal prosecution occurs is the pre-trial stage of the investigation. Therefore, special attention should be paid to this stage of the criminal process. In addition, a significant layer of problems is not only in the procedural, but also in the organizational and legal sphere. In this regard, the provisions of the CPC of the Republic of Kazakhstan related to evidentiary activities in pre-trial proceedings should be considered in the format of new tasks and updated functions of the pre-trial investigation bodies, the Prosecutor, the investigating judge and the lawyer. If Kazakhstan resolves the question repeatedly raised by the Leader of the nation about the true, rather than illusory, institutional independence of the judge in the administration of justice within the judicial system itself, then procedural and technical problems, including the deformalization of evidence, will become secondary and will be resolved in a fair trial without the influence of the materials of the criminal case in any form.

Legal processes and jurisprudenceCriminal Law and EvidenceCriminal Law and Policypre-trial investigationconstitutional rightscriminal procedure reform

Abstract

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