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Юриспруденция

Publication date: 26.04.2017
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Lyubov E. Chistova , candidate of juridical sciences
FSPEE of HE “Moscow University of the Ministry of Internal Affairs of the Russian Federation named after V.Y. Kikot” , Москва г

«The concept and tasks of the basic method of investigation of crimes related to illegal trafficking narcotic drugs»

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The article substantiates the need to develop a basic methodology for investigating crimes related to illicit trafficking in narcotic drugs due to the fact that these crimes are inextricably linked, interdependent and can not be carried out separately from each other in principle. The existing separate private methods develop recommendations for the investigation of specific types of crimes, for example, only smuggling of these funds or their sale and they are not connected with each other. In this regard, it is not possible to trace the whole cycle of criminal activity from the introduction of controlled means to illicit trafficking prior to their sale. Therefore, the basic methodology for investigating such crimes will allow us to trace the whole chain of criminal acts and to reveal all the circumstances that affect the full and objective investigation of such crimes.

Publication date: 26.04.2017
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Nasiba D. Eshmuradova
Institute of Philosophy and Political and Legal Researches NAS of Kyrgyz Republic , Kyrgyzstan

«The trial according to the norms of the common law of the Kyrgyz people»

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The article examines the judicial process according to the norms of the common law of the Kyrgyz people, determines the legal status of the participants in the process, their rights and responsibilities, and also examines its stages in detail.

Publication date: 03.05.2017
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Elena V. Mitskaya , doctor of juridical sciences
Marufzhan Z. Talyshev
M.O. Auezov South Kazakhstan State University , Kazakhstan

«Criminal procedural responsibility under the new 2014 criminal-procedural code of the Republic of Kazakhstan»

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The subject of the study is the institution of criminal procedural liability. Sanctions of criminal procedural liability, namely a monetary redress, received the first legislative consolidation in the new Criminal Procedure Code of Kazakhstan. Who the pecuniary punishment is applied to is fixed in the article 159 of Code of Criminal Procedure of the Republic of Kazakhstan. The size and procedural order of its application is regulated by the article 160 of Code of Criminal Procedure of the Republic of Kazakhstan. The authors analyze the introduction of the judicial mechanism of pecuniary punishment and the existence of the Code of Administrative Offenses on the monetary redress expressed in the form of an administrative fine and conclude that it is difficult to differentiate the sanctions of criminal procedural responsibility in the form of a monetary redress and an administrative fine for the commission of criminal procedural violations. The authors present their own arguments to address the duality of application of the Code of Criminal Procedure and the Code of Administrative Offenses to bring to criminal procedure responsibility and administrative responsibility for the same criminal procedural violations.