The entity, content, and scope of powers of the investigator and inquirer, in the new model of criminal proceedings of the Republic of Kazakhstan

Abstract

Relevance. The relevance of the study is determined by the description of the essence of the procedural status of pre-trial investigation bodies, their rights, and obligations in the new model of criminal procedure, as well as to clarify the content and scope of the powers granted, their disadvantages, and their advantages. Purpose. The research aims to disclose the peculiarities of the criminal procedure of the Republic of Kazakhstan, to study the relationship between “pre-trial investigation”, “law enforcement” and “judicial activity”, to determine the main powers of the investigator, the investigator, to analyze the competence and functions during practice, to characterize the legal methods and forms of law enforcement agencies, to compare the essence, content, and scope of the powers of the investigator, the investigator with the criminal procedure of the Federal Republic of Germany and others. Methodology. To ensure the detailedness of the study, the following methods were used: observation method, comparative method, cognitive method, logical and legal method, hermeneutic method, analysis method, and statistical method. Results. The results of this research theoretically revealed the main duties of the pre-trial investigation bodies, the essence, content, and scope of the investigator's powers, the legal status of the investigator and the relationship with the court during the pre-trial investigation, a comparative analysis of the activities of the investigator, the investigator of the criminal process of the Republic of Kazakhstan under international legal criteria, analyzed the legal acts that determine the scope of the rights and obligations of the subjects of pre-trial investigation. Conclusions. The provisions contained in this article reveal the issues of the procedural status of the investigator, inquiry officer, law enforcement agencies, and court in the new model of criminal procedure of the Republic of Kazakhstan and characterize their legal status.