APPEALING PROCEDURAL ACTIONS AND DECISIONS OF BODIES CONDUCTING CRIMINAL PROSECUTION AS A GUARANTEE OF SECURING THE RIGHTS OF PARTICIPANTS IN CRIMINAL PROCEEDINGS
The article examines the legal nature of the principle of freedom to appeal procedural actions and decisions as the fundamental and guiding principle of the whole criminal process of the Republic of Kazakhstan. The subject of the study are: the system of legislative and other normati...
| Main Authors: | , |
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| Format: | Article |
| Language: | English |
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Al-Farabi Kazakh National University
2018-12-01
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| Series: | Хабаршы. Заң сериясы |
| Subjects: | |
| Online Access: | https://bulletin-law.kaznu.kz/index.php/journal/article/view/1428/1379 |
| _version_ | 1797218484366606336 |
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| author | Mukhamadyeva G.N. Yergali A.M. |
| author_facet | Mukhamadyeva G.N. Yergali A.M. |
| author_sort | Mukhamadyeva G.N. |
| collection | DOAJ |
| description | The article examines the legal nature of the principle of freedom to appeal procedural actions and decisions as the fundamental and guiding principle of the whole criminal process of the Republic of Kazakhstan. The subject of the study are: the system of legislative and other normative legal acts of the current legislation of the Republic of Kazakhstan; regulated by them a circle of homogeneous social relations on the implementation of the principle of freedom to appeal procedural actions and decisions in criminal proceedings; the practice of applying the above legislation, on the basis of which study proposals are being developed to improve legislation, as well as studies of law enforcement practice on the issues under consideration in the Republic of Kazakhstan. The methodological basis of the scientific article was the political, legal, philosophical, legal and other scientific justifications for the principles and procedures for carrying out the constitutional basis for the legal regulation of the citizens’ right to personal freedom, as well as for the principle of freedom of appeal of procedural actions and decisions in the criminal process. For this, general scientific and private scientific methods of studying state and legal phenomena were applied. The scientific novelty lies in the fact that the author, using the imperial scientific material, justifies the approaches of adequate provision in the criminal procedural code of the Republic of Kazakhstan to the protection of citizens who fall into the sphere of the criminal process from encroachments on their legitimate rights and freedoms on the part of criminal prosecution authorities. The need for further improvement of the legislation defining the legal regime of the institution of ap-peal with the aim of creating a system of procedural guarantees for the rights, freedoms and legitimate interests of the individual in criminal proceedings is being updated. The issues on the need to provide detainees with the right to appeal the legality and validity of the detention are considered. |
| first_indexed | 2024-04-24T12:18:29Z |
| format | Article |
| id | doaj.art-12c1057dc8d04441803bcb93e74a397c |
| institution | Directory Open Access Journal |
| issn | 1563-0366 2617-8362 |
| language | English |
| last_indexed | 2024-04-24T12:18:29Z |
| publishDate | 2018-12-01 |
| publisher | Al-Farabi Kazakh National University |
| record_format | Article |
| series | Хабаршы. Заң сериясы |
| spelling | doaj.art-12c1057dc8d04441803bcb93e74a397c2024-04-08T08:05:19ZengAl-Farabi Kazakh National UniversityХабаршы. Заң сериясы1563-03662617-83622018-12-01873144152APPEALING PROCEDURAL ACTIONS AND DECISIONS OF BODIES CONDUCTING CRIMINAL PROSECUTION AS A GUARANTEE OF SECURING THE RIGHTS OF PARTICIPANTS IN CRIMINAL PROCEEDINGSMukhamadyeva G.N.0Yergali A.M.1Al-Farabi Kazakh National UniversityAl-Farabi Kazakh National UniversityThe article examines the legal nature of the principle of freedom to appeal procedural actions and decisions as the fundamental and guiding principle of the whole criminal process of the Republic of Kazakhstan. The subject of the study are: the system of legislative and other normative legal acts of the current legislation of the Republic of Kazakhstan; regulated by them a circle of homogeneous social relations on the implementation of the principle of freedom to appeal procedural actions and decisions in criminal proceedings; the practice of applying the above legislation, on the basis of which study proposals are being developed to improve legislation, as well as studies of law enforcement practice on the issues under consideration in the Republic of Kazakhstan. The methodological basis of the scientific article was the political, legal, philosophical, legal and other scientific justifications for the principles and procedures for carrying out the constitutional basis for the legal regulation of the citizens’ right to personal freedom, as well as for the principle of freedom of appeal of procedural actions and decisions in the criminal process. For this, general scientific and private scientific methods of studying state and legal phenomena were applied. The scientific novelty lies in the fact that the author, using the imperial scientific material, justifies the approaches of adequate provision in the criminal procedural code of the Republic of Kazakhstan to the protection of citizens who fall into the sphere of the criminal process from encroachments on their legitimate rights and freedoms on the part of criminal prosecution authorities. The need for further improvement of the legislation defining the legal regime of the institution of ap-peal with the aim of creating a system of procedural guarantees for the rights, freedoms and legitimate interests of the individual in criminal proceedings is being updated. The issues on the need to provide detainees with the right to appeal the legality and validity of the detention are considered.https://bulletin-law.kaznu.kz/index.php/journal/article/view/1428/1379criminal processprinciple of freedom of appeal of procedural actions and decisionscourtprosecutor’s officedetention |
| spellingShingle | Mukhamadyeva G.N. Yergali A.M. APPEALING PROCEDURAL ACTIONS AND DECISIONS OF BODIES CONDUCTING CRIMINAL PROSECUTION AS A GUARANTEE OF SECURING THE RIGHTS OF PARTICIPANTS IN CRIMINAL PROCEEDINGS Хабаршы. Заң сериясы criminal process principle of freedom of appeal of procedural actions and decisions court prosecutor’s office detention |
| title | APPEALING PROCEDURAL ACTIONS AND DECISIONS OF BODIES CONDUCTING CRIMINAL PROSECUTION AS A GUARANTEE OF SECURING THE RIGHTS OF PARTICIPANTS IN CRIMINAL PROCEEDINGS |
| title_full | APPEALING PROCEDURAL ACTIONS AND DECISIONS OF BODIES CONDUCTING CRIMINAL PROSECUTION AS A GUARANTEE OF SECURING THE RIGHTS OF PARTICIPANTS IN CRIMINAL PROCEEDINGS |
| title_fullStr | APPEALING PROCEDURAL ACTIONS AND DECISIONS OF BODIES CONDUCTING CRIMINAL PROSECUTION AS A GUARANTEE OF SECURING THE RIGHTS OF PARTICIPANTS IN CRIMINAL PROCEEDINGS |
| title_full_unstemmed | APPEALING PROCEDURAL ACTIONS AND DECISIONS OF BODIES CONDUCTING CRIMINAL PROSECUTION AS A GUARANTEE OF SECURING THE RIGHTS OF PARTICIPANTS IN CRIMINAL PROCEEDINGS |
| title_short | APPEALING PROCEDURAL ACTIONS AND DECISIONS OF BODIES CONDUCTING CRIMINAL PROSECUTION AS A GUARANTEE OF SECURING THE RIGHTS OF PARTICIPANTS IN CRIMINAL PROCEEDINGS |
| title_sort | appealing procedural actions and decisions of bodies conducting criminal prosecution as a guarantee of securing the rights of participants in criminal proceedings |
| topic | criminal process principle of freedom of appeal of procedural actions and decisions court prosecutor’s office detention |
| url | https://bulletin-law.kaznu.kz/index.php/journal/article/view/1428/1379 |
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