THE PROBLEMS OF REGULATING THE POWERS OF THE PROSECUTOR TO SUPERVISE THE PROCEDURAL ACTIVITIES OF THE BODIES OF INQUIRY AND PRELIMINARY INVESTIGATION

Gulzhan Mukhamadiyeva, Yerbol Alimkulov, Akynkozha Kalenovich Zhanibekov, Assel Bostanovna Sharipova, Nurdaulet Mukhamediyaruly Apsimet

2024

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DOI 10.26577/japj2024-111-i3-012
Data confidence 70 medium
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Abstract

The article examines the current state of law enforcement practice; theoretical, legal and organizational foundations of the prosecutor's supervision of the criminal procedural activities of the bodies conducting pre-trial investigation; issues of the organization of the prosecutor's supervision of the criminal procedural activities of the bodies conducting pre-trial investigation. The ways of increasing the effectiveness of prosecutorial supervision over the execution of laws by bodies carrying out pre-trial investigation are indicated. The author actualizes: the essence, the significance of the prosecutor's supervision over the legality of pre-trial investigation and its role as a separate object; the significance and role of the principle of legality as the main and leading beginning of the entire criminal process of the Republic of Kazakhstan; the definition of the boundaries of the prosecutor's supervision over the legality of pre-trial investigation. In the study of the questions posed, a logical, formal – legal, analytical, as well as functional method is used, revealing the qualitative characteristics of the subject of research, allowing to determine the essence of the institution under study, the possibility of regulatory impact of constitutional and sectoral legislation on the state of law and order in the Republic of Kazakhstan. In the scientific analysis undertaken by the authors, the principles of complexity and consistency are consistently implemented and productively combined, which made it possible to more fully, scientifically actualize the issues of improving criminal procedural capabilities for the realization of individual rights and freedoms. As a result of the study, it was determined that the supreme supervision should be directed primarily to the application of laws by the apparatus of departmental and non-departmental control, but not to replace these bodies, therefore, interaction with regulatory authorities should be carried out only as their supervision. Keywords: criminal process, prosecutor's supervision, the principle of legality, pre-trial investigation.