Implementation of international standards for the observance of the rights of minors in Kazakhstan’s criminal proceedings
Journal Title: Naukovyy Visnyk Dnipropetrovs'kogo Derzhavnogo Universytety Vnutrishnikh Sprav - Year 2018, Vol 0, Issue 0
Abstract
The article deals with the problematic issues of implementation of the Beijing Rules and other international documents ratified by the Republic of Kazakhstan concerning the procedural status of a minor in criminal proceedings. The provisions of the code of criminal procedure of the Republic of Kazakhstan on the specification of the procedural rights of minors in criminal proceedings in the form of a clearly defined list are analyzed. Proposals for further improvement of the norms of the code of criminal procedure of the Republic of Kazakhstan concerning minor adults are presented. After Kazakhstan’s accession to the International Convention on the Rights of the Child, certain work is being carried out to develop legal acts relating to the protection of the rights and interests of minors in all spheres of life. This also affected the new edition of the code of criminal procedure of the Republic of Kazakhstan (chapter 56). The procedural position of a juvenile, about a suspect, accused, defendant, compared with the procedural position of a minor victim and other juvenile participants in the criminal process is much better regulated. In connection with the ratification by the Republic of Kazakhstan of the UN Minimum Standard Rules (the Beijing Rules) relating to the administration of justice to minors, the speedy implementation of formal juvenile justice is one of the priorities. According to art. 20 Beijing rules any case of a minor from the very beginning should be carried out quickly, avoiding any unnecessary delays. The Beijing Rules not only provide for the specialization of justice in relation to the imperfect, but also insist on the need for commensurate measures of influence with the personality characteristics of minors who have committed a crime; the implementation of procedural safeguards for minors, their psychological and social status arising from them, as well as to ensure the professional competence of persons conducting juvenile cases
Authors and Affiliations
G. B Sultanbekova, Ye. Yu Zbinskaya, Zh. Zh Zhumabayeva
Keywords
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- EP ID EP574773
- DOI 10.31733/2078-3566-2018-5-152-158
- Views 89
- Downloads 0
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