Countering the concealment of the criminal offenses (analysis of the legislation of the Republic of Kazakhstan)
Abstract
The features of the regulation of the provisions, related to countering the concealment of the criminal offenses, in the legislation of the Republic of Kazakhstan are discussed in this article. The authors conducted a systematic analysis of the legislation, allowing to identify the gaps and contradictions preventing the effective application of the legal norms on disciplinary, administrative and criminal prosecution of the perpetrators for concealment of the criminal offenses. Moreover, the article reveals the problems related to the concept of ‘concealment of the criminal offense’, its use in a special legal literature. According to the results of the study, the authors came to a conclusion on the imperfection of the current legislation of the Republic of Kazakhstan in the field of counteraction of the concealment of the criminal offenses and the need for its amendment, and also offered specific suggestions for improvement of the administrative and criminal legislation. The analysis of the components of concealment of the criminal offense was performed.
References
[2] Bakaev, D.M. 1979. Supervision of the District Attorney over the Investigation of the Criminal Cases. Moscow: legal literature, pp.112.
[3] Belozerov, Y.N. 1976. Criminal Proceedings. Moscow: UMK, pp. 42.
[4] Borchashvili, I.Sh. 2015. Commentary to the Criminal Code of the Republic of Kazakhstan. The Special Part (Volume 2). Almaty: Jeti Jarğı.
[5] Braitseva, E.A. 2002. Crimes Committed by the Investigators and Interrogators in the System of Internal Affairs Bodies: Criminological Aspect (PhD Thesis). Law Institute, Moscow.
[6] Dyachenko, 2011. Characteristics of Crimes Committed by Members of the MIA in Connection with Their Professional Activities, and Their Prevention (PhD Thesis). All-Russian Research Institute of the Ministry of Internal Affairs of Russia, Moscow.
[7] Gavrilov, A.K. 1964. Initiation of Criminal Proceedings by the Police (PhD Thesis). Rostov-on-Don.
[8] The Law of the Republic of Kazakhstan No. 380-IV (with amendments and supplements as of June 4, 2016) ‘On the Law-Enforcement Service’]., January 6, 2011.
[9] Isaev, N. 2016. On the Results of the Activities of the Prosecutor in the Field of Supervision over the Legality at the Pre-Trial Stage of the Criminal Proceedings. Astana: The General Prosecutor's Office.
[10] Kapinus, K.V. 2004. Prosecutor's Supervision over the Implementation of Laws when Resolving the Statements and Reports on Crimes (PhD Thesis). Research Institute at the General Prosecutor's Office of the Russian Federation, Moscow.
[11] Kovalev, M.A. 1981. Prosecutorial Supervision over Ensuring of the Individual Rights during the Investigation of Crimes. Moscow: BEK Publ.
[12] Kolesov, M.V. 2015. Prosecutor's Supervision over the Implementation of Laws in the Investigation of Malfeasance Related to Concealment of Crimes from Accounting (PhD Thesis). The Academy of General Prosecutor's Office, Moscow.
[13] Korshunov, O.N., Lyubavin, M.A., Nikiforov, M.V., and Serov, E.B. 2005. Combating the Crimes Related to the Reception, Registration, Examination and Resolution of the Statements and Reports on Crimes. Qualification, Investigation. Saint-Petersburg: Publishing House, St. Petersburg. jurid. Institute of the Prosecutor General's Office.
[14] Mukhamedzhanov, E.B. 2012. Prosecutorial Supervision in the Republic of Kazakhstan (Lecture Notes). Almaty: Jeti jarğıJeti jarğı.
[15] Order of the General Prosecutor of the Republic of Kazakhstan No. 89 (with alterations and amendments as of October 8, 2015) ‘On Approval of the Rules of Admission and Registration of the Statements and Reports on the Criminal Offenses, as well as the Maintenance of the Unified Register of Pre-Trial Investigations’. September 19, 2014.
[16] Rakhunov, R.D. 1958. Compliance with the Law in Initiation of Criminal Cases. Sotsialisticheskayazakonnost', 6: 33-34.
[17] Rogov, I.I., and Rakhmetov, S.M. 2012. Commentary to the Criminal Code of the Republic of Kazakhstan. Almaty: Norma-K.
[18] Skomorokhov, R.V. 2004. Criminological Characteristics and Special Prevention of Malfeasance Committed by the Law-Enforcement Bodies: According to the Materials of the Irkutsk Region (PhD thesis). East-Siberian Institute, Irkutsk.
[19] Trubin, N.S. 1977. Prosecutorial Supervision over Compliance with the Requirements of the Law and Taking into Account the Resolution of the Statements and Reports on Crimes. Moscow, The Prosecutor's Office of the USSR.
[20] Tadzhiev, Kh.S. 1985. Prosecutorial and Departmental Control over the Investigation of Crime: Theory and Practice. Tashkent: Fan.
[21] Varygin, A.N. 2003. Criminality of the Employees of the Internal Affairs Bodies and the Impact onIt(PhD Thesis). Saratov Law Institute of the Ministry of Interior Affairs Saratov.
[22] Veretennikov, N.A. 2009. The Insurance by the Prosecutor of the Legality at a Stage of Initiation of a Criminal Case (PhD Thesis). Southern Federal University. Rostov-on-Don.
[23] Zhogin, N.V. 1968. Prosecutor's Supervision over the Investigation of Criminal Cases. Moscow: legal literature, pp. 264.
[24] Zhursimbaev, S.K. 2015. Organization of Pre-Trial Investigation (of the Criminal Offenses) in the Republic of Kazakhstan. Almaty: NURPRESS.
*** The Administrative Code of the Republic of Kazakhstan No. 235-V (as amended on July 26, 2016). July 5, 2014.
*** The Constitution of the Republic of Kazakhstan (adopted at the national referendum, as amended on February 2, 2011). August 30, 1995.
*** The Criminal Code of the Republic of Kazakhstan No. 226-V (as amended on April 9, 2016). July 3, 2014.
*** The Criminal Procedure Code of the Republic of Kazakhstan No. 231-V (as amended on July 26, 2016). July 4, 2014.
The Copyright Transfer Form to ASERS Publishing (The Publisher)
This form refers to the manuscript, which an author(s) was accepted for publication and was signed by all the authors.
The undersigned Author(s) of the above-mentioned Paper here transfer any and all copyright-rights in and to The Paper to The Publisher. The Author(s) warrants that The Paper is based on their original work and that the undersigned has the power and authority to make and execute this assignment. It is the author's responsibility to obtain written permission to quote material that has been previously published in any form. The Publisher recognizes the retained rights noted below and grants to the above authors and employers for whom the work performed royalty-free permission to reuse their materials below. Authors may reuse all or portions of the above Paper in other works, excepting the publication of the paper in the same form. Authors may reproduce or authorize others to reproduce the above Paper for the Author's personal use or for internal company use, provided that the source and The Publisher copyright notice are mentioned, that the copies are not used in any way that implies The Publisher endorsement of a product or service of an employer, and that the copies are not offered for sale as such. Authors are permitted to grant third party requests for reprinting, republishing or other types of reuse. The Authors may make limited distribution of all or portions of the above Paper prior to publication if they inform The Publisher of the nature and extent of such limited distribution prior there to. Authors retain all proprietary rights in any process, procedure, or article of manufacture described in The Paper. This agreement becomes null and void if and only if the above paper is not accepted and published by The Publisher, or is with drawn by the author(s) before acceptance by the Publisher.