Аңдатпа
The article considers the criminal procedural principle of adversarial parties, which is based on three separate from each other most important functions (defense, prosecution and administration of justice) and is considered a general procedural principle of law enforcement agencies, the prosecutor's office and the court. This principle implements one of the most important conditions of democratic judicial proceedings. In the domestic criminal procedure legislation, it is enshrined in article 23 of the Criminal Procedure Code of the Republic of Kazakhstan (hereinafter - CPC) and sounds like «criminal proceedings are carried out on the basis of competition and equality of the parties to the prosecution and defense». The authors propose ways to improve some problematic issues of the application of measures of suppression by the decision of the prosecution without judicial control; provisions directly related to the activities of the prosecutor's office; gaps in the decision on the appointment of the main trial and preparatory actions for the court session, etc. Also, the conclusions are substantiated on the need to consolidate at the legislative level the use of preventive measures, including the use of electronic means of tracking suspects, accused persons, etc., solely on the basis of the decision of the investigating judge, court; the definition of new criteria for evaluating the work of law enforcement agencies in legislative acts focused on the qualitative indicator of their work. In order to simplify the proceedings and even to make a court decision at the stage of preliminary investigation, it is necessary to hold hearings by a judge in all categories of cases. To increase the level of pre-trial investigation, it is proposed to restore the investigative apparatus in the prosecutor's office and determine their jurisdiction in the CPC.