PROCEDURAL INDEPENDENCE INVESTIGATOR: IDENTIFICATION ISSUES CATEGORICAL AFFILIATION

Abstract

Issues related to the determination of the place and role of the procedural independence of the investigator do not lose their relevance since its legislative establishment. The most frequently considered subjects of dispute between theorists and practitioners are the problems of legal guarantee of the procedural independence of the investigator. It seems to us that these problems should be resolved on the basis of determining the categorical affiliation of the most controversial concept. This provision is the basis for the legal interpretation of the procedural status of the investigator. The status structurally consists of a set of rights and obligations, as well as powers, the observance and application of which must be ensured by appropriate conditions, namely: procedural guarantees. The nature and content of such guarantees depend on the solution of the question of which procedural and legal category the key concept belongs to - the independence of the investigator in pre-trial proceedings. Along with this, as a result of the strengthening of judicial control carried out in pre-trial proceedings, the strengthening of the role of prosecutorial supervision over the observance of the rule of law in the criminal process, the procedural independence of the investigator has lost a number of its features. This circumstance exacerbated the relevance of the study of the issue of the categorical affiliation of the procedural independence of the investigator and the feasibility of modernizing this independence in the current Code of Criminal Procedure of the Republic of Kazakhstan. In the article, the authors give the Dynamics of the development of the rights and obligations (powers) of the investigator in the norms of the criminal procedure legislation of Kazakhstan according to the Criminal Procedure Code of 1959, 1997, 2014, as well as the Regulation of the procedural independence of the investigator according to the Criminal Procedure Code of the Central Asian countries of the post-Soviet space.