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Master of law
K.B. Ismagulova
A. Baitursynov
Kostanay state university, Kazakhstan
Using of the
polygraph in law enforcement activity of Kazakhstan: «PRO» and
«CONTRA»
Over the past 22 years
of independence, Kazakhstan has conducted improvement of legislation in the
field of law enforcement activity. The Majilis, in March 2013, accepted a draft
law " On Amendments and Additions to the Law of the Republic of Kazakhstan
" On the law enforcement service " on the use of polygraph in law
enforcement bodies of the Republic of Kazakhstan ."
Significant
changes in the law "On the law enforcement service " include
mandatory check to " lie detector " of all candidates seeking to
serve in law enforcement bodies. Previously, such a test passed only security
services but now according to this draft the representatives of the
prosecutor's office , internal affairs, financial police , the state fire
service and the customs authorities of the country will be checked as well too.
To implement the project
there were submitted a number of amendments in the law of Republic of
Kazakhstan "On the law enforcement service ". Particularly, there was
clarified such term as " polygraph investigation " and was approved
the required procedure for passing the psycho-physiological or medical
examination, as well as a polygraph’s study to determine the suitability to the
service. [1]
Thus, pursuant to subparagraph 11-1 of Article 1 of the law of Republic
of Kazakhstan "On the law enforcement service" the study of polygraph
is the polling procedure, which conclude a registration by using special
sensors individual physiological responses of human (breathing , heart rate,
skin resistance , etc.) [2]
Professional polygraph
examination consists of three phases: a pre-test interview, the actual
examination and analysis of the polygrams. The usual polygraph examination takes two-three hours. The longest phase of the examination
takes 45-90 minute of pre-test interview. During the pre-test interview, the polygraph examiner fills the necessary documents and
discusses the test questions in order to fully understand each of these questions
before undergoing testing. Specialist of lie detector also explains the process
of a lie detector test and is responsible for all issues of concern to the
subject. Actually examination takes place in a quiet room with closed doors in
the presence of the polygraph examiner and examinee outsiders, to prevent
exposure to distractions of the subject. Polygraph fixes on the body of the
subject and sets the necessary sensors previously discussed issues to be
monosyllabic answer - "yes" or "no." Physiological
parameters are recorded by sensors in the form of a lie detector polygraph. In
the last phase of the polygraph examination, polygraph examiner analyzes polygrams and makes a conclusion about
the truthfulness of the entity. [3]
Despite the fact that
the Parliament of Kazakhstan has approved the law, some of the citizens as the
civil servants have a negative attitude towards this innovation. Many people
believe that " a lie detector " does not reveal the candidates'
professionalism, his ability to lead a particular matter to which it applies
" ( Zhambyl Ahmetbekov . Deputy of the Majilis of the Parliament of the
Republic of Kazakhstan). [4 ]
In connection with this
distrust of citizens to this question appears necessary to study the using of the polygraph in other countries ,
because only by their experience, we can judge the usefulness and feasibility
of a polygraph.87015706907
To date, polygraph
examinations are conducted by polygraph examiners in the private, law
enforcement and public sectors approximately in 80 countries. "Lie
Detector" is the most widely used in the United States, Mexico, Israel,
Ukraine, Russia, South Africa, and other countries.
United States leads this
list, carrying millions of checks each year with the help of " lie detector ". The list of known
polygraph users in the United States include: The Ministry of Defence and its investigative agencies of the
Army , Navy, Marines and Air Force , the National Security Agency , the Central
Intelligence Agency (CIA ) , United States Secret Service , and so on . The
polygraph is also used by state and local law enforcement agencies, federal and
county prosecutors, public defenders, lawyers, probation departments and
supervision of parole, public and private companies.
Last researches show
that the accuracy of the new computerized polygraph system is about 100
percent. In the past 75 years, there were more than 250 researches on the
validity, accuracy and reliability of polygraph examinations. Based on twelve
separate researches, including 2174
real cases since 1980, the accuracy of the findings of qualified polygraph is
98 %. This researches clearly show that in the case of checking on the "
lie detector " by a competent polygraph examiner, it is the most accurate and affordable means of
determining right and wrong. [5]
Thus, the experience of
the previous countries, we can see the usefulness of polygraphic study because an
adoption of
the bill would create a legal basis of the using
of special
technical equipment
to determine the reliability
of the information (polygraph) for candidates entering the law enforcement
service and to develop a unified national approach to the requirements of the
using of special
technical equipment
to determine the
reliability of the information.
References:
1.
http://online.zakon.kz
2 . The Law of the
Republic of Kazakhstan on January 6, 2011 ¹ 380 -IV « On the law enforcement
service "
3 . http://www.polygraph.org.ua/faq.html
4 . Total.kz