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EVALUATION OF EVIDENCE IN CRIMINAL PROCEEDINGS: PROBLEMS OF REGULATING ITS EXCLUSION FROM THE CRIMINAL CASE FILE

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Bibliographic Details
Title: EVALUATION OF EVIDENCE IN CRIMINAL PROCEEDINGS: PROBLEMS OF REGULATING ITS EXCLUSION FROM THE CRIMINAL CASE FILE
Authors: Toleubekova B., Khvedelidze T.
Publisher Information: Znanstvena misel journal, 2024.
Publication Year: 2024
Subject Terms: criminal procedure, evidence, criteria for evaluation of evidence, procedure for exclusion of evidence from the criminal case, 16. Peace & justice
Description: The relevance of the problem under consideration is conditioned by the priorities outlined in the Concept of Legal Policy of the Republic of Kazakhstan until 2030, which consist in the requirements for rule-making based on the principles of reasonable, transparent, evidentiary and effective regulation. The purpose of the study is to analyse individual norms of the Code of Criminal Procedure of the Republic of Kazakhstan with the subsequent identification of provisions requiring adjustment and formulation of legislative proposals aimed at improving the regulation of legal relations arising in connection with the evaluation of evidence in criminal proceedings. Methods of research include a set of traditional methods in the field of legal sciences and private techniques, namely: dialectical approach, allowing to see the norms of law in their development; comparative-legal; analytical and other ways of achieving the truth. The achieved results show that the regulation of the evaluation of evidence and its exclusion from the materials of the criminal case on the CPC RK has an incomplete character and needs to be improved.
Document Type: Article
DOI: 10.5281/zenodo.10885073
DOI: 10.5281/zenodo.10885072
Rights: CC BY
Accession Number: edsair.doi.dedup.....aad10a0fed8f0a693df7a6f6604a118d
Database: OpenAIRE
Description
Abstract:The relevance of the problem under consideration is conditioned by the priorities outlined in the Concept of Legal Policy of the Republic of Kazakhstan until 2030, which consist in the requirements for rule-making based on the principles of reasonable, transparent, evidentiary and effective regulation. The purpose of the study is to analyse individual norms of the Code of Criminal Procedure of the Republic of Kazakhstan with the subsequent identification of provisions requiring adjustment and formulation of legislative proposals aimed at improving the regulation of legal relations arising in connection with the evaluation of evidence in criminal proceedings. Methods of research include a set of traditional methods in the field of legal sciences and private techniques, namely: dialectical approach, allowing to see the norms of law in their development; comparative-legal; analytical and other ways of achieving the truth. The achieved results show that the regulation of the evaluation of evidence and its exclusion from the materials of the criminal case on the CPC RK has an incomplete character and needs to be improved.
DOI:10.5281/zenodo.10885073