JUDICIAL CONTROL OVER CRIMINALLY REMEDIAL MEASURES OF RESTRICTION IN KAZAKHSTAN: ANALYSIS AND EVALUATION OF A DRAFT LAW OF A NEW THREE-TIER MODEL

Abstract

The article considers judicial and other guarantees in the selection, authorisation, and application of such criminally remedial measures of pre-trial restriction as detention (or arrest), home confinement, and bail. These limit the constitutional rights and freedoms of the suspect and are authorised by the investigating judge. The authors analyse the legislative regulation, legal statistics, and judicial authorisation of these preventive measures. They also demonstrate the ambiguous use of bail in the period before its transfer to judicial control. In order to increase its effectiveness and reduce the number of prisoners, it is proposed to separate property surety from bail and make it an independent measure of restraint, similar to the US experience regarding commercial surety, and change the current procedure for replacing detention with bail. The article deals with the issue of strengthening the control functions of the investigating judge when authorising home confinement as a preventive measure. In particular, the authors analyse the draft Law ‘On amendments and Additions to Some Legislative Acts of the Republic of Kazakhstan on optimisation of criminal legislation with simultaneous correction of the Criminal Procedure and Penal Enforcement Codes’ and offer their vision of further development of the norms of criminal procedure legislation of the Republic of Kazakhstan on judicial control. The authors propose to narrow the limits established by law for the application of various legal restrictions infringing on the rights and legitimate interests of suspects and preserve them only to the extent necessary to solve the public tasks of criminal proceedings.