The Procedural Model of Criminal Prosecution in the Modern Criminal Procedure Legislation of the Republic of Kazakhstan
Abstract
This article is dedicated to the study of the criminal prosecution model, developed after the enforcement of the Criminal Procedure Code of the Republic of Kazakhstan (CPC RK). It is often noted in the scientific papers, that the new vision of the criminal prosecution function in the CPC RK is related to the idea of internationalization of the domestic criminal proceedings. The current CPC RK contains a lot of novels, allowing to refer to a qualitatively new model of criminal prosecution, which differs greatly from the model, effective in the legislation of previous years. The aim of the study is to develop the author's model of the national criminal prosecution and to determine the ways of its optimization (improvement) based on the said model. The analysis of these novels governing the criminal prosecution in the system of modern pre-trial proceedings is performed. Their positive impact is noted, especially in terms of the organization of the criminal prosecution, despite all quite natural technical roughness and flaws that are not too difficult to remove. It is also noted that the legislator has managed to depart from the common Soviet procedural hangover toward to the national institutional model of criminal procedure of the new kind, toward to a truly modern, European-style criminal procedure model. It is concluded that the modern Kazakhstan legislator in the course of development of the Criminal Procedure Code preferred the competitive model, tending to the continental criminal procedure. It is emphasized that the current model of the criminal prosecution should ensure the rights and the freedoms of the participants in the criminal proceedings. It is through the adaptation of the Western legal technology that the concept of combating the crime, aimed at the European integration, should be created. At the same time, the new, ill-considered, hasty, distinctive innovations of the criminal and criminal procedural legislation under the slogans of the humanization of the attitude to the criminals should be avoided.References
[2] Berezhnoy, S. 1987. The Order of Indictment Should Be Changed. Sotsialisticheskaya zakonnost', 11.
[3] Curran, P. 1991. Discussing in the Judge’s Private Room. The Criminal Law Review, 79: 79-86.
[4] Dashkov, G. 1995. The Powers of the Attorney: Experience to Borrow. Zakonnost', 6(2): 2.
[5] Davydenko, L.M. 1997. The Attorney Office of Ukraine: Past, Present and Future. Issues on Perfection of the Attorney Supervision. Moscow: Publisher Moscow University, 93.
[6] Filimonov, B.A. 1994. Essentials of Proof Theory in the German Criminal Proceedings. Moscow: Spark, 30-31.
[7] Golovko, L.V. 2011. Kazakhstan: Desovietization of the Criminal Proceedings. Article 1. Dismissal of the Stage of the Criminal Case Initiation. Ugolovnoe sudoproizvodstvo, 4: 10-13.
[8] Kalinovskiy, K.B. 2000. The criminal Prosecution in the Modern Foreign Countries: Textbook. Petrozavodsk: PetrGU Publ.
[9] Kemali, M.S. 2013. The New Law Significantly Strengthens the Guarantee of the Human Rights. Rossiyskiy sledovatel', 14: 43-45.
[10] Koffler, J.H., and Reppy, A. 1969. Handbook of Common Law Pleading. West Publishing Co.
[11] Koghamov, M.Ch. 2013. What Is the Criminal Procedure Law and the Criminal Proceedings of the Republic of Kazakhstan. Almaty: «Жеті-Жарғы», 6-7.
[12] Laws on the Attorney Office of the CIS and Baltic Countries. 1995. Moscow: Manuscript.
[13] Legal Policy Concept of the Republic of Kazakhstan for the Period from 2010 to 2020. 2009, August 24. Approved by the Decree of the President the Republic of Kazakhstan No. 858.
[14] Merkel, I.D. 2012, August 21. The Protection of the Rights of the Citizens Should Be Focused. Kazakhstanskaya Pravda. Available at: http://www.kazpravda.kz/archives/view/148881/
[15] Modern Foreign Constitutions. 1992. Moscow: Muy.
[16] Park, R.C., Leonard, D.P., and Goldberg, St.H. 1988. Evidence Law: A Students Guide to the Law of Evidence as Applied in American Trials. West.
[17] The CPC of the Federal Republic of Germany (as Amended and Supplemented as of January 1, 1993). 1974. (B.A. Filimonov Trans.). Moscow: Publisher Moscow University.
[18] The Criminal Law of the Bourgeois Countries: Overview: Collection of the Legislation Acts. 1990. Moscow: Publishing UDN, 269-270.
[19] Vitsin, S. 2003. The Institution of Criminal Case Initiation in Criminal Justice. Rossiyskaya yustitsiya, 6: 54-56.
[20] Zaytsev, O.A. 2013. The Reform of the Criminal Procedure Legislation of the Republic of Kazakhstan. Mezhdunarodnoe ugolovnoe pravo i mezhdunarodnaya yustitsiya, 5: 13-16.
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