Усиление судебной власти в сфере гражданского и уголовного судопроизводства Республики Казахстан

Abstract

The article treats the necessity of introduction of judicial review at the stage of inquiry and preliminary investigation. On the basis of the analysis of the regulations of the code of criminal procedure of Kazakhstan the author comes to the conclusion that the procedure of judicial examination of legality and validity of arrest is of incomplete nature and does not allow the courts to control in full the investigation and inquiry agencies. To reform the code of criminal procedure the author proposes the following measures: introduction of norms fixing the controlling authority of the court in regard to all legal proceedings limiting the constitutional rights of citizens, new chapters pertaining to the damage compensation to citizens and juridical persons incurred through the illegal actions of the investigation agencies of the prosecutor's office and courts. The study of the code of civil procedure allows the author to make a proposal about the introduction of the institution of arbitration proceedings which permits to regulate conflicts between the subjects of specific legal relationships in a civilized manner.