COMPARATIVE LEGAL ANALYSIS OF THE INSTITUTION OF WRIT PROCEEDINGS IN CRIMINAL PROCEEDINGS
DOI:
https://doi.org/10.1063546/8037r168Keywords:
differentiation of the procedural form, simplified and accelerated proceed- ings, special proceedings, writ proceedings, court orderAbstract
In the article, the authors conduct a comparative legal analysis of the institution of writ proceedings in criminal procedure. This institution has been in operation in Kazakhstan since 2018 and was introduced into the Criminal Procedure Code of the Republic of Kazakhstan by the Law of December 1, 2017, "On Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on the Modernization of the Procedural Foundations of Law Enforcement."
The introduction of this institution was prompted by the need to simplify procedural forms, expedite timelines, and ensure efficiency in the handling of cases involving criminal misdemeanors and minor offenses.
In practice, it should be noted that the institution of writ proceedings is not fully utilized by law enforcement and judicial authorities, which supports the thesis that due to the imperfection of legislative regulation, as well as shortcomings in its implementation, the full potential of this procedure has yet to be realized.
One of the main objectives of this study was to analyze foreign legislation with respect to incorporating and adapting certain provisions of similar institutions.
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