Explication of the irrational component of the right to the fair court in the criminal process of kazakhstan

Abstract

The article analyzes the principle of judicial protection of the rights and freedoms of a citizen in criminal proceedings, which is dictated by the genetic need of a person to seek justice in resolving the current conflict situation with the help of a neutral authority, an impartial judge. The principle being an integral component of the ideological system of law as a phenomenon of civilization and culture of mankind. At the same time, the principle of protecting the rights and freedoms of a person and a citizen is explicated in procedural norms and acts by national courts in different ways, which affects the completeness or declarativeness of its practical action. An analysis was also made of the implementation of the principle of judicial protection of the rights and freedoms of a person and a citizen in criminal proceedings by applying the transformation of the accusatory bias paradigm, establishing cause-and-effect relationships, manifestation and prevalence of the irrational component in the content of this principle through methods of analysis and synthesis. To increase the role and implement its, it should not be limited to institutional mechanisms and bureaucratization of going to court. The branch of criminal procedural law, which regulates the powers of the defense to collect evidence, is the most sensitive to criticism from society, since there is an imbalance of capabilities between the defense and prosecution, which contradicts the principle of adversarial and equal rights of the parties. Key words: principle of judicial protection, human and civil rights and freedoms, irrational component, rational component, accusatory bias paradigm, transformation, court, explication, justice.