IMPLEMENTATION OF THE PRINCIPLES OF CRIMINAL JUSTICE IN THE ACTIVITIES OF A SPECIALIST AND A FORENSIC EXPERT: PROBLEMS AND PROSPECTS. Part 2.

Abstract

The presented work continues to consider the issue of compliance with the constitutional principles of justice, in the activities of a forensic expert and specialist, which are enshrined in criminal procedure legislation and other legal acts. The first part of this work was devoted to the legal analysis of the activities of a specialist in criminal proceedings. It indicated that according to the criminal procedure legislation, two types of them can be distinguished: - specialist; - employee of an authorized unit of a law enforcement or special state body of the Republic of Kazakhstan. The reasoned conclusion is made that the presence of specialists in departmental subordination contradicts the principles of justice enshrined in the Constitution of the Republic of Kazakhstan, and also violates the principles of criminal procedure established in the CPC of the Republic of Kazakhstan. The proposed continuation of the conducted research is devoted to the disclosure of the legal content of the forensic expert in accordance with the current legislation. A retrospective analysis of the formation and development of forensic expert activity as part of one state body is made in order to strengthen the true independence of forensic experts from the departmental influence of criminal prosecution bodies. The issues of professional competence of forensic experts are revealed through the prism of their formation and training. The main content of forensic expert research is the system of methods used in the study of objects of forensic examination, which is given due attention in this publication. Speaking about the positive aspects of forensic experts, the shortcomings that, according to the author, do not contribute to strengthening the principles of justice in criminal proceedings were not ignored. Based on the results of the conducted research, reasoned proposals are made aimed at improving the activities of a specialist and a forensic expert. Therefore, this work has been prepared in the context of the direction in which "it is important to continue taking measures aimed at modernizing forensic expertise".