Mediation in criminal procedure in Republic of Kazakhstan
The article is devoted to the analysis of the legal regulation of mediation in criminal cases in Kazakhstan. Kazakhstan began to shift towards the use of alternative methods of criminal law conflicts in connection with the humanization of criminal policy. It was not so long ago. Since 2011, Kazak...
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| Format: | Article |
| Language: | English |
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Ural Branch of the Russian Academy of Sciences, Institute of Philosophy and Law
2018-09-01
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| Series: | Антиномии |
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| Summary: | The article is devoted to the analysis of the legal regulation of mediation in
criminal cases in Kazakhstan. Kazakhstan began to shift towards the use of alternative
methods of criminal law conflicts in connection with the humanization of criminal policy.
It was not so long ago. Since 2011, Kazakhstan has legislatively secured the possibility of
using alternative methods for resolving conflicts in various spheres (family, civil, labor
and other legal relationships). The consolidation of mediation in the legislation of the
Republic of Kazakhstan occurred solely on the basis of studying the experience of other
states. The nature of mediation was taken into account, and, first of all, its voluntariness,
the independence in choosing the option of resolving a legal conflict. It is by virtue of
this that the application of mediation became possible not only in civil-law conflicts, but
also in criminal ones. While Kazakhstan’s practice of applying mediation into criminal
cases has been developing relatively recently, it requires its improvement on a number
of issues – training of mediators, procedural regulation, payment for mediator services,
and others. Mediation entered the criminal procedural practice of application rather more
ideologically with shortcomings of its clear procedural regulation. The number of civil
cases considered by Kazakh courts using mediation significantly exceeds the number
of criminal cases since 2011, when mediation was introduced. This fact attracts special
attention and testifies the unpopularity of mediation as a mean of resolving criminal legal
conflict among citizens. Under the new acting Criminal Code of the Republic of Kazakhstan,
mediation has become one of the grounds for exemption from criminal liability. Based on
the analysis of the current Kazakhstan’s legislation regulating the use of mediation in
criminal cases, the shortcomings of this legislation have been identified, proposals for its
improvement have been formulated, which can strengthen the protection of the rights of
the victim, and expand the use of criminal mediation. |
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| ISSN: | 2686-7206 2686-925X |