International Standards and Principles, Foreign Legislative Experience of Judicial Control in the Investigation Stage

Abstract

Objective: The article develops the idea of the need to implement the norms of international legal acts into national legislation, borrowing positive foreign experience in implementing the norms regulating judicial control. At the same time, it is noted that the introduction of international standards and principles into national legal mechanisms is possible only taking into account the peculiarities of the legal system and the legal system of the state.   Theoretical framework: A selective analysis of the implementation of judicial control in foreign countries (France, Germany, Austria, etc.) was carried out, similarities and differences from a similar system in the Republic of Kazakhstan were revealed.  The author, exploring the control powers of the court at the international level, tried to determine the importance of international standards and principles in ensuring the rights and legitimate interests of participants in criminal proceedings in the Republic of Kazakhstan.   Method: In the course of the research, a set of the following special methods was used: system-structural, formal-legal and logical analysis of the problem; expert assessment of the relevant norms of national legislation and practice of its application; interpretation of legal norms; comparative legal research; constructive-critical analysis of conceptual approaches to the problems under study; legal modeling of risks and costs of election as a prosecutor and the authorization by the investigating judge of measures of criminal procedural coercion.   Results and conclusion: Based on the comparative legal study of the norms of the criminal procedure legislation of Kazakhstan, France, Germany, England, Italy and Spain, it seems possible to note that judicial control has both similar and distinctive features. What unites these or other models is that the main purpose of judicial control is the protection, protection and restoration of the rights and freedoms of subjects of legal relations at the pre-trial stages of the criminal process.   Originality and value: One of the important signs of the rule of law, the construction of which is proclaimed by the Constitution of the Republic of Kazakhstan, is the exercise of judicial control over the preliminary investigation. Most of the member countries of the Organization for Economic Cooperation and Development (OECD) adhere to this vector of development of criminal procedure legislation. Currently, international standards and principles governing the protection, protection, restoration of human rights and freedoms accumulate the most progressive, successfully tested legal concepts, which were the natural result of the tendency to strengthen guarantees of the rights of participants in criminal proceedings.  The article is devoted to the problems of legal regulation of judicial control at the stage of preliminary investigation related to compliance with international standards.