Author

Khashieva T.M.

Title of article

The structure of criminal procedure law of the Republic of Kazakhstan

Section

Section 10. Comparative studies and foreign experienc

Issue, year

1 (35) 2016

Abstract

The system-structural relations in the criminal procedure law and the correlation of its norms and institutes are analyzed. The author’s view on the debate about elements of branch of law in general and criminal procedure law in particular is presented. Classification of criminal procedure rules and their elements is presented. It’s argued that criminal procedure institute is dominating in procedural relations’ regulation. Special attention is paid to criminal procedure rules’ classification. The existence of the variant element of criminal procedure law structure – subinstitutes – is substantiated. The basis of the proposed structure of criminal procedure law is phasing of criminal procedure activities, regulated by relevant provisions, subinstitutes and institutes. It’s stated that criminal process stages are interdependent and completed parts of criminal procedural relations. The beginning of each new stage is caused by the completion of the previous one. Along with the stages, the institutions of criminal procedure law include institutes – investigative actions (interrogation, search, identification, etc.) and institutes – functions (defence, prosecution, criminal prosecution, deciding the case on merits). The following elements of criminal procedure law structure are highlighted: subinstitutes, institutes, subsectors. The largest subsector is the law of evidence regulating the procedure of collecting information and carrying out investigative actions, as well as the sources of  information and the procedure for saving and using this information. Each of these legal elements of different level consists of interrelated criminal procedure rules. The purpose of the elements of criminal procedure law structure is primarily to ensure comprehensive legal regulation of the relations concerning the investigation, hearing and resolving criminal cases.

Keywords

structure of criminal procedure law; criminal procedure institute; criminal procedure rule; subinstitute; phasing.