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Problematic Aspects of Realization of Norms Concerned with Detention Proceeding Institute in the Context of the New Criminal Proceedural Legislation of Kyrgyzstan

Author (s)

Isayeva K. A., Kalbayev A.T., Madamarova E. A.

Abstract

The article reflects problematic aspects and authors’ position on their solution; the latters being concerned with the institutes of advocacy and detention in the context of reformation in regard to the criminal-penal code (CPС) of the Kyrgyz Republic dated by 2017 (validity is enforced since January 1, 2019). Designing on the premise of comparative-legal analysis of the norms of criminal-procedural legislation functioning in Kyrgyzstan and Kazakhstan and related to detention and also to critical approach towards procedural provisions regulating the institute in question, the authors expound their position in reference to the norms moved by the legislator of Kyrgyzstan and laid into the criminal-procedural law of Kyrgyzstan; the authors give a substantiation of proposed alterations and addenda supposed to be introduced into Kyrgyzstan Republic CPC as well. Separate recommendations can serve as a starting position for scientist-jurists not only in Kyrgyzstan, but in other CIS countries either.

Keywords

factual detention, detention proceedings, criminal-procedural legislation, advocacy of rights, legitimate interests, individual, criminal trial, legal proceedings

References

1.                  The Criminal-Procedural Code of Russian Federation (functioning valid recension from 18.12.2001, N174 – FZ) / http://rulaws.ru/upk-rf/

2.                  Isayeva K. A., Abdukarimovna N. E., Vorontsova I. N. To the Issue of Separate Tendencies of Reformation of Criminal-Procedural Legislation in CIS Countries // Police and Investigation Activities. – 2018, N2. – pp. 9-15.

3.                  The Criminal-Procedural Code of Kazakhstan Republic from July 4, 2014, N231-V (with alterations and addenda; the state being considered since 01.07.2018) / http

4.                  Criminal-Procedural Code from February 2, 2017, N20 (being valid since 01.01.2019 /

5.                  Criminal Procedural Code: manual // Under the editorship of V. P. Bozhyev (the 3-d edition, revised and enlarged). – M.: Spark, 2012. – 704 pp.

Publication date

Tuesday, 23 April 2019

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