СПЕЦИАЛИСТ КАК УЧАСТНИК УГОЛОВНОГО ПРОЦЕССА:СРАВНИТЕЛЬНО-ПРАВОВОЙ АНАЛИЗ УПК РОССИЙСКОЙ ФЕДЕРАЦИИИ УПК РЕСПУБЛИКИ КАЗАХСТАН

Abstract

The article presents a comparative legal analysis of the criminal procedure legislation of the Russian Federation and the Republic of Kazakhstan, which regulates the concept of "special knowledge," the concept of a specialist, and the forms of his participation in criminal proceedings. The analysis allowed the authors to identify both the shortcomings of the legislative structure of some norms related to the participation of a specialist in criminal proceedings, requiring improvement and elaboration at the legislative level of both countries, and the most successfully formulated legal norms governing the application of specialist expertise in the criminal process of the two countries. Based on the comparative analysis, the authors of the article came to the conclusion that it is necessary to expand the powers of a specialist in the conduct of investigative actions, as well as a more detailed legislative regulation of the conclusion of a specialist as evidence in the Russian criminal procedure law. Also, the directions of possible improvement of the norms of the Criminal Procedure Code of the Republic of Kazakhstan, defining the procedure for the participation of a specialist in criminal proceedings, are formulated.