master of low, Tazhibayeva M.T.
Financial police Academy, Kazakhstan
Legal regulation of preventive activities of the criminal investigator
At the
current stage in terms of increased demands for constitutional rights of
citizens in the Republic of Kazakhstan, there are many crappy and prevention of
crime is one of the most important trends in law enforcement.
As noted in the Concept of Legal Policy of the Republic of Kazakhstan for the
period from 2010 to 2020, during the years of independence of Kazakhstan was
formed and effectively functioning as a whole law enforcement system that meets
the needs of a democratic and legal state. At the same time, law enforcement,
the state requires further development and improvement. International
instruments governing the scope of crime prevention are the Code of Conduct for
Law Enforcement, the Standard Minimum Rules for the Administration of Juvenile
Justice (Beijing Rules), and Guidelines for Crime Prevention and Criminal
Justice in the context of the New International Economic Order, and more etc.
At the same time international cooperation in crime prevention include
"the adoption of appropriate policy responses at the national level, as
well as promoting the establishment of effective mechanisms for real
cooperation" [1; 31].
The
fundamental sources of legal regulation of preventive activities of the
investigator is the Constitution of the Republic of Kazakhstan, criminal,
criminal procedural law, the law of the Republic of Kazakhstan "On
prevention of crime."
In the system of special preventive effect on crime occupies a special place
criminal law prevention, which means the impact of preventive criminal
liability and penalties, as well as other criminal means to criminogenic
factors [2; 43, 49]. The article 2 of the Criminal Code of the Republic
of Kazakhstan has a protective and criminal law, warning of the problem.
Protective task is to protect from criminal interests of the individual,
society and state. The warning task of criminal law includes private prevention
- prevention of new crimes the person committed the crime, and general
prevention - prevention of crime by others.
The most detailed crime prevention is regulated by the Criminal Procedure Code
of the Republic of Kazakhstan:
- under
Article 8 of the Code of Criminal
Procedure "Challenges of the
criminal process" due course
of law in criminal cases should
help to prevent crime; Note that this problem is defined in the main areas of
national law (paragraph 2.9 of the
Concept of Legal Policy of the
Republic of Kazakhstan for the period from 2010 to 2020).
- a
number of rules of criminal procedure is devoted to preventive activities of individual law enforcement
agencies (court, investigator, investigative
bodies, the prosecutor), for example, art. 59, 66, 204, 387 Criminal Procedure Code;
- article 117 of the Criminal Procedure Code, which determines the fact
in question, it involves circumstances that contributed to the commission of a crime;
- in Part 3 of
the CPC of RK art.185 the obligation to law enforcement authorities
in a criminal case or in the direction of its investigative jurisdiction or the jurisdiction to take measures to prevent or suppress crime.
As can be seen, warning activities of the
investigator, carried out on a special level of criminological, strictly
regulated current legislation. In the legal literature indicates that this type
of crime prevention has the following features:
1) The special nature of the measures focus
directly on crime prevention and specific crimes;
2) activities on the use of special warning
equipment based on the interaction of management, social, legal measures
designed to influence the prevention and avoidance of specific crimes;
3) the subjects of a special crime prevention
are the organizational structures, for which the fight against crime is the
main function of a selected list of functions in [3].
Indeed, among all the agencies working to combat
crime, namely the preliminary investigation is necessary to deal with the
practical implementation of policies to prevent crime. The main tasks of law
enforcement agencies are not only protecting the rights and freedoms of
citizens, interests of society and the state from illegal encroachments,
guarding public order and public security and public safety, but also the
identification of causes and conditions conducive to the commission of crimes,
the adoption of remedial measures, ensuring active public involvement in the
work of crime prevention, public awareness about ways and means of legal
protection from criminal attacks [4].
Crime prevention is to reveal the crimes, the
suppression of crime at an earlier stage, preventing crime.
The investigator, as an official authorized to
carry out a preliminary investigation in a criminal case within its
jurisdiction is obliged to take all measures to the full, complete and
objective investigation of the circumstances.
Legal means of warning the investigator serves to eliminate the submission of
the circumstances that contributed to the offense. This procedural document is
an effective instrument rule of law, prevent crime and delinquency, to identify
and correct deficiencies in the activity of state bodies, officials, businesses
and individuals.
Representation to address the circumstances that
contributed to the commission of a crime shall be lawful, reasonable, and
agreed on a comprehensive, fully and objectively investigated the circumstances
of the case, since, by direct command of the law it is a binding document,
entailing legal consequences.
General social nature of crime prevention predetermined need for a unified
legal regulation of this activity, and further the interests of improving the
efficiency demanded the adoption of a single country-wide legislation. In April
29, 2010 was adopted by the Republic of Kazakhstan Law "On prevention of
crime." This law is an important element of humanization of the criminal
policy of the Republic of Kazakhstan, its adoption indicates the rejection of the
exclusive use of repressive measures as a means to minimize the consequences of
criminal behavior in society.
The law defines legal, economic and social foundations of activity of state
bodies, local authorities, public associations, organizations and citizens on crime
prevention. The Law sets out the purpose, objectives and principles of crime
prevention is a list of the subjects of crime prevention, defined the scope of
their authority, as well as a system of measures of crime prevention.
By law, the prevention of crime - a complex legal, economic, social and
organizational measures taken by the subjects of crime prevention, aimed at
preserving and strengthening the rule of law by identifying, learning, address
the causes and conditions that breed crime.
Accordingly, the objects of preventive
activities of the investigator may be the causes and conditions conducive to
the commission of specific crimes or facilitate such transactions, the person
against whom enforcement agencies in accordance with the law is taking steps to
ensure compliance with speed limits, rules, regulations and standards, persons
preparing crime or attempts to commit a crime, persons with stable wrongful
conduct, as well as those held responsible for crimes.
The law also designated a system of measures of crime prevention (general,
special and individual measures), disclosed the contents of the individual
measures of crime prevention (preventive conversation, the view to address the
circumstances that contributed to the commission of the offense, to establish
special requirements for the conduct of the offender, proactive monitoring,
preventive restriction on freedom of movement). Note that in the legal
literature, there are other classifications of precautionary measures: measures
to address and neutralize the criminogenic factors that contribute to
committing crimes, criminal, criminal-procedural and administrative measures to
prevent crimes, other preventive measures [4]. Preventive measures can also be
classified according to content, the scope of application, in the direction
[7].
Thus, it is recognized that the prevention of
crimes investigator (determination of competence, reinforcement forms, methods,
activities), as an independent subject of crime prevention, in sufficient
detail regulated by the law. The legal regulation of guarantees of legality in
this field of activity, integrity of rights and interests of citizens, society,
state, largely ensures the effectiveness of preventive measures. However,
changes in the economy and politics, globalization, and the internal dynamics
of the country do not allow complacency. In order to ensure compliance with
national law, new challenges to further improvement of the standard setting and
enforcement activities.
List of
references:
1. Bychkova
S.F. The role of the UN Conference against Transnational Organized Crime to
strengthen international cooperation in criminal justice
// Crime prevention. - 2001. - № 1.
2. Ustinov
V.S. The system of preventive effect on crime and
criminal law prevention. - Minsk, 1983.
3. Selyanin A.
V. Criminology. A special crime prevention / / http://be5.biz/pravo/ksav/26.html/
4. http://zakon.kuban.ru/zakon/pred.html/
5. Kogamov
M. On a new
judicial system in Kazakhstan // Man and the law. -
2010. - March 30.
6.The course of Soviet
criminology: Crime prevention. -
M., 1986.
7.http://jur-exam.com/kriminologija/310-28.-specialnoe
preduprezhdenie.html