Comparative analysis of the norms of the criminal procedure legislation of Russian Federation and the Republic of Kazakhstan governing the end of the investigation

Abstract

In the article, the author analyzes the norms of the Criminal Procedure legislation of the Russian Federation and the Republic of Kazakhstan, which provide for several procedural forms of completion of the preliminary investigation in a criminal case. The structure of the end of the preliminary investigation in the legislation of the two countries is compared. As part of the comparison, similar and distinct features of this procedure have been established. Attention is drawn to the fact that the investigator under the CPC of the Republic of Kazakhstan draws up another act completing his activities on the investigation of a criminal case – a report on the completion of a pre-trial investigation, and the indictment, as a kind of analogue of the indictment drawn up in accordance with the requirements of Article 220 of the CPC of the Russian Federation, is prepared and signed by the prosecutor in the Republic of Kazakhstan. The CPC of the Republic of Kazakhstan revealed an obvious lack of legal regulation of both the report on the completion of the pre-trial investigation and the indictment – the lack of need to disclose the contents of the indictment evidence in these acts, as well as the indication of evidence by the defense. Such legal regulation does not allow the principle of competition to be fully implemented in the criminal procedure legislation of the Republic of Kazakhstan and to ensure the right of the accused to protection.