Journal of Legal, Ethical and Regulatory Issues (Print ISSN: 1544-0036; Online ISSN: 1544-0044)


Discussion Aspects Related to the Problems of Introducing the Institution of Legal Investigations into the Criminal Procedure Legislation of the Kyrgyz Republic and the Republic of Kazakhstan

Author(s): Klara A. Isaeva Irina N. Vorontsova, Aliya B. Mamytova, Gulbarchyn Abdykerimkyzy

Introduction: The article reflects the most topical discussion aspects related to the possibility of introducing a new procedural institute as a “legal investigation”, which is currently causing wide controversy among the legal community both in the Kyrgyz Republic, Kazakhstan and other CIS countries. Methodology: in the course of the research, the authors used methods of analysis and generalization. The article presents a critical analysis of the provisions on the collection of evidence by the parties in order to implement the principle of adversarial proceedings, in the context of the new criminal procedure legislation in force in Kyrgyzstan and Kazakhstan; to perform the functions of the newly introduced investigator at the pre-trial stage; in connection with the introduction of such new institutions as "special (secret) investigative actions", "procedural agreement on confession of guilt", "procedural agreement on cooperation". Results and Discussions: The researches substantiate the author's position on the introduction of a parallel legal investigation into the criminal procedure legislation. The theoretical provisions for the improvement of procedural rules with statements of vulnerable circumstances are described in the research that may be resolved as a result of the measures proposed by the authors. Conclusion: The submitted legislative proposals will remove the contradictions that arise during such innovation. In addition, they are aimed at protecting the constitutional rights and freedoms of citizens, as well as the principle of adversary in accordance with international standards.

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