NCJ Number
244741
Journal
Internal Security Volume: 5 Issue: 1 Dated: January-June 2013 Pages: 107-112
Date Published
June 2013
Length
6 pages
Annotation
This article is devoted to judicial control in criminal legal proceedings of the Republic of Kazakhstan in the light of the new Concept of legal policy set till 2020. In the article, the general characteristics and concept of judicial control, and also its signs and types are considered.
Abstract
Different views of scientists are analyzed. Foreign experience in the application of judicial control is related. The author states his point of view on this problem and gives a definition of the concept of judicial control. The code of criminal procedure of the Republic of Kazakhstan (RK Criminal Procedure Code) does not have a consolidated concept of judicial control. In the article, the author suggests making changes and additions to the existing Code of criminal procedure of the Republic of Kazakhstan through a definition of judicial control. The decree of the President of the Republic of Kazakhstan of August 24, 2009 No. 858, approved the concept of legal policy of the Republic for the period from 2010 to 2020. The new Concept of legal policy of the Republic of Kazakhstan defines proposals for the development of the national legal system of the country in the next decade. The concept of legal policy includes the institution of judicial control. Since Kazakhstan gained independence, a set of laws was adopted including the rights directed on providing, freedoms and legitimate interests of citizens. Certainly, in any country, however democratic it is, there are problems with human rights, but that Kazakhstan strongly intends to guarantee all Republic of Kazakhstan proclaimed in the Constitution the rights and freedoms of the citizens is obvious. The country seeks the creation of a constitutional state, and tries to provide a guarantee from a certain arbitrariness in the activity of the competent government bodies and officials. In the concept of legal policy of the Republic of Kazakhstan it is specified: "...priority of development of the criminal procedure right there is a further consecutive realization of the fundamental principles of the criminal legal proceedings directed on protection of the rights and freedoms of the person," and in judicial control is also such a guarantee. (Published Abstract)