Methods of ensuring the principle of adversary of the parties during the pre-trial stage of the criminal Process
Apenov S.M. Tusupova A.Zh. Gileva N.V. Baimakhanova D.M. Makisheva M.K.
2021Inderscience Publishers
International Journal of Electronic Security and Digital Forensics
2021#13Issue 4359 - 372 pp.
The article is devoted to the methods of ensuring the principle of adversary of the parties during the pre-trial stage of the criminal process. To offer the most optimal method of ensuring adversary of the parties during the pre-trial stage for legislators of the Republic of Kazakhstan, legislative practice of France, Germany and the USA were studied. While studying the criminal process of these countries the French model of the adversarial nature of criminal proceedings is recognised as not acceptable due to the conduct of preliminary investigation in this country by forensic investigators. In the Republic of Kazakhstan pre-judicial investigations are conducted by special bodies of inquiry and preliminary investigation. As a result of the research, the author gives preference to the US case law, which provides the right for a lawyer to not provide the evidence collected by him to the investigative authorities, in order to demonstrate them at the trial. Copyright
Adversary of the parties , Adversary system , Criminal process , Legislative practice , Optimal methods , Pre-trial stage , Preliminary investigation , Principle of adversary , Republic of Kazakhstan
Text of the article Перейти на текст статьи
Department of International Law, Al-Farabi Kazakh National University, 71 Al-Farabi Ave., Almaty, 050040, Kazakhstan
Department of Theory and History of State and Law, Constitutional and Administrative Law, Al-Farabi Kazakh National University, 71 Al-Farabi Ave., Almaty, 050040, Kazakhstan
Department of Diplomatic Translation, Al-Farabi Kazakh National University, 71 Al-Farabi Ave., Almaty, 050040, Kazakhstan
Department of International Law
Department of Theory and History of State and Law
Department of Diplomatic Translation
10 лет помогаем публиковать статьи Международный издатель
Книга Публикация научной статьи Волощук 2026 Book Publication of a scientific article 2026