Isaeva K.A., Kazhenova A.S. —
Topical problems protecting the rights and interests of minors in terms of the Criminal Procedure Code reforming in particular countries of the CIS
// Police activity. – 2019. – ¹ 1.
– P. 43 - 53.
DOI: 10.7256/2454-0692.2019.1.26884
URL: https://en.e-notabene.ru/pdmag/article_26884.html
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Abstract: The article is devoted to the complex study of theoretical and practical problems of the mechanism of protecting constitutional rights and freedoms of minors when implementing the provisions of particular institutions in the field of criminal procedure in Kyrgyzstan and Kazakhstan. The article raises topical problems of implementation of social regulations applied to minors during pre-trial procedure. The aim of the article is to specify the problems of protecting rights and freedoms of minors in terms of reforming the Criminal Procedure Code of Kazakhstan and Kyrgyzstan and particular ways to solve these problems. The authors analyze various sources connected with the observance of rights of minors in the Kyrgyz Republic; consider the correlation between the provisions of the criminal procedure law with other branches of law related to the rights of minors; discuss the main problem aspects hampering the implementation of particular procedural institutions in Kyrgyzstan and Kazakhstan. The authors use the complex approach to the protection of rights and interests of minors in terms of the ongoing reform of the Criminal Procedure Code in Kyrgyzstan and Kazakhstan under the lens of constitutional provisions of these countries. The article demonstrates the authors’ position on the acceptability and legality of using unconventional forms of interrogation and describes the factors, which, in the authors’ opinion, affect the very mechanism of protection of rights and lawful interests of minors. Thus, the article raises the problems requiring urgent solution, taking into consideration the high vulnerability of this part of the society. The authors suppose that any suggestions, which can affect or complete the existing research base in this field, are worth noticing.
Isaeva K.A., Alisherov A.T. —
Areas of Concern in Commissioning and Conduction of Legal Enquiries as Part of Investigation of Contract Killing in the Kyrgyz Republic
// Police activity. – 2018. – ¹ 2.
– P. 24 - 33.
DOI: 10.7256/2454-0692.2018.2.26772
URL: https://en.e-notabene.ru/pdmag/article_26772.html
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Abstract: The article is devoted to the areas of concern that be faced in the process of commissioning and conduction of contemporary legal enquiries as part of discovering contract killing in the Kyrgyz Republic. The authors of the article describe the main trends and prospects for developing fprensic equipment used to investigate contract killing in the CIS states in general. They demonstrate priority areas for forensic provision of case types including development and modernization of this aspect. In addition, the authors also touch upon expertise in the Kyrgyz Republic and outline the main factors that may create obstacles in the investigation process including investigation of contract killings. Moreover, the authors describe four groups of factors (of both subjective and objective nature) that relate to the implementation of forensic methods and means which use decreases the efficiency of counteracting to the aforesaid crime in the Kyrgyz Republic. Based on the analysis of the problems disccused in this article, the authors give recommendations including those of legal nature, in relation to new regulations of the Criminal Procedure Code of the Kyrgyz Republic (2017). Recommendations given by the authors will allow to solve a whole number of issues faced by expert organisations and bodies of inquiry and preliminary investigation.
Isaeva K.A., Abdukarimova N.E., Vorontsova I.N. —
On the Question about the Basic Trends and Reformation of the Criminal Procedure Law in the CIS Countries
// Police and Investigative Activity. – 2018. – ¹ 2.
– P. 9 - 15.
DOI: 10.25136/2409-7810.2018.2.26774
URL: https://en.e-notabene.ru/pm/article_26774.html
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Abstract: In this article the authors discuss particular problems that relate to the reformation of the criminal procedure law in the CIS countries including the new version of the Criminal Procedure Code issued in Kazakhstan (2015) and Kyrgystan (2017), as well as obstacles that may prevent from implementation of a number of criminal law provisions. For this purpose, the authors define distinctive features of the criminal procedure law in terms of ongoing legal reforms in the CIS countries. They focus on the most troublesome criminal procedure institutions that may render a significant influence on criminal procedure in general. The article contains comparative law analysis of a number of provisions of the criminal procedure law in the CIS countries including new versions of the Criminal Procedure Codes. The authors of the article also provide a review of the new ideology followed by the legislator whch is proved by the principles set forth by the Criminal Procedure Codes of the CIS countries. The authors pay special attention to such important principle as adversarial system in a criminal trial but at the same time cover factors that, according to the authors, prevent from full implementation of that principle. They also give recommendations of the legislative nature that, to some degree, may help to achieve the tasks and objectives set forth for this sphere. The authors also raise questions about differentiation of criminal procedure stages and implementation of the institution of unofficial (special) investigative actions based on the provisions of the Criminal Procedure Codes of some CIS countries. Thus, the themes brought forth by the authors in terms of criminal procedure reforms, create conditions for the review of some provisions of the Criminal Procedure Code and making amendments and changes to the legal acts that ensure successfull realization of some institutions mentioned in the law.
Isaeva K.A., Abdukarimova N.E., Seilkhanova S.A. —
The Main Factors that Determine Commitment of Particular Crimes by Organized Crime Groups in the Kyrgyz Republic
// Legal Studies. – 2018. – ¹ 1.
– P. 61 - 70.
DOI: 10.25136/2409-7136.2018.1.23913
URL: https://en.e-notabene.ru/lr/article_23913.html
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Abstract: The aim of this article is to define the most significant determinants that activate organised crime and spread of criminal business under modern socio-political environment of the Kyrgyz Republic. The subject of the research is particular crimes committed by organised crime groups in the Kyrgyz Republic taking into account new social and legal realities. For this purpose, the authors focus on specific features and conditions that are typical for Kyrgyzstan and aggravate such social phenomena as drug business, targeted killing, economic crimes, and kidnapping. The authors also describe the main trends that will continue to activate organised crime in the aforesaid spheres. The authors carry out an integral research of particularities of interaction between crime groups of Kyrgyzstan, their functions, causes and conditions, and means or methods chosen by these groups to achieve their goals depending on the situation in the republic such as political events that have been taking place since 2004. The authors describe the relationship between organised criem and state authorities officials that has led to the growth of targeted killing, kidnapping, economic and drug business crime. The results of the research are based on diversified analysis of factors that have triggered development of organised crime and expanded their activity over the last decade. Thus, the authors describe specific determimants that encourage the growth of crime in particular spheres of social relations in the country as well as the change in the structure of modern organised crime. These results can be of interest for scientists and practical experts when preparing and choosing crime preventive measures. Moreover, the results complete criminological and forensic researches and can be used to achieve certain targets and goals of research.