PRIVATE DETECTIVE WORK AS A GUARANTEE OF THE REALIZATION OF INDIVIDUAL RIGHTS AND FREEDOMS IN CRIMINAL PROCEEDINGS

• Main Authors: G.N. Mukhamadieva, Y.T. Alimkulov, A.A. Aryn
• Format: Article
• Language: English
• Published: Al-Farabi Kazakh National University 2021-06-01
• Series: Хабаршы. Заң сериясы
• Subjects: human rights; criminal procedure; detective work; detective.
• Online Access: https://bulletin-law.kaznu.kz/index.php/journal/article/view/2487/2237

The article is devoted to the characterization of private detective activity as an element of the mech-anism for the realization of individual rights and freedoms in criminal proceedings. The article deals with the issues of balancing the interests of the individual and the state, which are most clearly manifested in the criminal process, on the example of the implementation of the rights and freedoms of the individual, the issues of the implementation of private detective activities in the Republic of Kazakhstan and foreign countries. In this regard, the authors update the essence, importance and role of private detective work, which serves as a guarantee of the realization of individual rights and freedoms in criminal proceed-ings. For this purpose, the paper examines the theoretical and historical and legal foundations of private detective work as an activity related to the protection of the legal rights and interests of the individual of the Republic of Kazakhstan; the norms of the legislation of the Republic of Kazakhstan, the range of homogeneous public relations regulated by them on the implementation of the rights and freedoms of the individual in criminal proceedings; the practice of applying the above-mentioned legislation, based on the study of which proposals for improving the legislation are developed, as well as studies of the practice of law enforcement on the issues under consideration in the Republic of Kazakhstan. The study of the questions raised uses a logical, formal – legal, analytical, and functional method that identifies the qualitative characteristics of the subject of the study, which allows us to determine the essence of the institution under study, the possibility of a regulatory impact of constitutional and sectoral legislation on the state of law and order in the Republic of Kazakhstan. In the scientific analysis undertaken by the authors, the principles of complexity and consistency are consistently implemented and productively combined, which made it possible to more fully, scientifically update the issues of im-proving criminal procedural opportunities for the realization of individual rights and freedoms.As a result of the study, it was determined that the participation of a private detective in a preliminary investigation will serve as a guarantee of respect for and protection of the rights and legitimate interests of the individual, increase the objectivity of the preliminary investigation, allow a more comprehensive assessment of the alleged episodes, and sometimes generally come to a conclusion about the innocence of the suspect. Thus, the legal status of a person must be guaranteed by the current legislation, which provides a strong mechanism for protecting his rights, freedoms and legitimate interests.