DOI: 10.7256/2454-0692.2019.1.26884

Abstract: The article is devoted to the complex study of theoretical and practical problems of the mechanism of protecting constitutional rights and freedoms of minors when implementing the provisions of particular institutions in the field of criminal procedure in Kyrgyzstan and Kazakhstan. The article raises topical problems of implementation of social regulations applied to minors during pre-trial procedure. The aim of the article is to specify the problems of protecting rights and freedoms of minors in terms of reforming the Criminal Procedure Code of Kazakhstan and Kyrgyzstan and particular ways to solve these problems. The authors analyze various sources connected with the observance of rights of minors in the Kyrgyz Republic; consider the correlation between the provisions of the criminal procedure law with other branches of law related to the rights of minors; discuss the main problem aspects hampering the implementation of particular procedural institutions in Kyrgyzstan and Kazakhstan. The authors use the complex approach to the protection of rights and interests of minors in terms of the ongoing reform of the Criminal Procedure Code in Kyrgyzstan and Kazakhstan under the lens of constitutional provisions of these countries. The article demonstrates the authors’ position on the acceptability and legality of using unconventional forms of interrogation and describes the factors, which, in the authors’ opinion, affect the very mechanism of protection of rights and lawful interests of minors. Thus, the article raises the problems requiring urgent solution, taking into consideration the high vulnerability of this part of the society. The authors suppose that any suggestions, which can affect or complete the existing research base in this field, are worth noticing.  

DOI: 10.7256/2454-0692.2018.3.26885

Abstract: The purpose of the article is to present a comprehensive description of violence at penitentiary institutions (hereinafter referred to as PI) in the Republic of Kazakhstan taking into account the current realities. The authors reflect the qualitative and quantitative parameters of violent crime at penitentiary institutions typical for Russia and Kazakhstan. The author identifies a complex of factors influencing the formation of antisocial views in places of detention, and modern trends affecting the strengthening of criminal manifestations by convicts serving sentences at penitentiary institutions. A comprehensive approach to the criminological and forensic description of violent crime in modern conditions, including organized criminal groups in Russia and Kazakhstan, has been carried out. The main focus of the article is on the organizational and managerial factor that is associated with the insufficient activity of the administration of the PI itself and the omissions that they make. The author's position on the main reasons for the increase in the aggressiveness of convicts and the high latency of the observed penitentiary crime in prisons is presented. The author of the article substantiates and argues the circumstances that require an integrated approach to the study of such a complex and multifaceted nature of violent crime in the penitentiary institution, which allows you to determine the most effective tactics to counter this socially dangerous phenomenon. The structural elements of the criminological and forensic characteristics that determine the specificity of the crimes committed by the special contingent of the PI are shown. Thus, the criminology and forensic characterization described in the article covers a fairly wide range of their elements. This makes it possible to study this element from complex positions facilitating the development of an investigation technique for this category of crimes.

DOI: 10.7256/2454-0692.2018.2.26772

Abstract: The article is devoted to the areas of concern that be faced in the process of commissioning and conduction of contemporary legal enquiries as part of discovering contract killing in the Kyrgyz Republic. The authors of the article describe the main trends and prospects for developing fprensic equipment used to investigate contract killing in the CIS states in general. They demonstrate priority areas for forensic provision of case types including development and modernization of this aspect. In addition, the authors also touch upon expertise in the Kyrgyz Republic and outline the main factors that may create obstacles in the investigation process including investigation of contract killings. Moreover, the authors describe four groups of factors (of both subjective and objective nature) that relate to the implementation of forensic methods and means which use decreases the efficiency of counteracting to the aforesaid crime in the Kyrgyz Republic. Based on the analysis of the problems disccused in this article, the authors give recommendations including those of legal nature, in relation to new regulations of the Criminal Procedure Code of the Kyrgyz Republic (2017). Recommendations given by the authors will allow to solve a whole number of issues faced by expert organisations and bodies of inquiry and preliminary investigation. 

DOI: 10.25136/2409-7810.2018.2.26774

Abstract: In this article the authors discuss particular problems that relate to the reformation of the criminal procedure law in the CIS countries including the new version of the Criminal Procedure Code issued in Kazakhstan (2015) and Kyrgystan (2017), as well as obstacles that may prevent from implementation of a number of criminal law provisions. For this purpose, the authors define distinctive features of the criminal procedure law in terms of ongoing legal reforms in the CIS countries. They focus on the most troublesome criminal procedure institutions that may render a significant influence on criminal procedure in general. The article contains comparative law analysis of a number of provisions of the criminal procedure law in the CIS countries including new versions of the Criminal Procedure Codes. The authors of the article also provide a review of the new ideology followed by the legislator whch is proved by the principles set forth by the Criminal Procedure Codes of the CIS countries. The authors pay special attention to such important principle as adversarial system in a criminal trial but at the same time cover factors that, according to the authors, prevent from full implementation of that principle. They also give recommendations of the legislative nature that, to some degree, may help to achieve the tasks and objectives set forth for this sphere. The authors also raise questions about differentiation of criminal procedure stages and implementation of the institution of unofficial (special) investigative actions based on the provisions of the Criminal Procedure Codes of some CIS countries. Thus, the themes brought forth by the authors in terms of criminal procedure reforms, create conditions for the review of some provisions of the Criminal Procedure Code and making amendments and changes to the legal acts that ensure successfull realization of some institutions mentioned in the law.