哈萨克斯坦共和国私家侦探活动的法律前提

G. Mukhamadieva, Y. Alimkulov, A. Zhanibekov, A. Sharipova, N. M. Apsimet
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引用次数: 0

摘要

本文讨论了个人和国家利益的平衡问题,这在刑事诉讼中最明显地表现为隐私原则的实施,哈萨克斯坦共和国私人侦探活动的问题,完善职业秘密立法的问题,这是保护公民隐私权的最重要机制。对刑事诉讼中实施私家侦探活动保障公民宪法权利的法律问题进行了分析。在这方面,作者认识到有必要进一步完善立法,确定刑事诉讼中的隐私法律制度;在哈萨克斯坦共和国开展私人侦探活动。同样相关的还有:国家,特别是刑事起诉机构适用的刑事程序强制措施的本质、重要性和作用,这相当于确保国家合法性和法律与秩序;私人生活不可侵犯的原则是哈萨克斯坦共和国整个刑事程序的根本和指导原则。为此目的,这项工作审查了哈萨克斯坦共和国的立法规范、它们所规定的关于在刑事诉讼中落实个人权利和自由的同一性公共关系的范围、哈萨克斯坦共和国正在审议的问题的执法实践,并在此基础上拟订了改进立法的建议;私人侦探活动作为一项与保护哈萨克斯坦共和国个人合法权利和利益有关的活动的理论和法律基础。在研究所提出的问题时,采用了逻辑的、形式法律的、分析的和功能的方法,揭示了研究主题的质量特征,从而能够确定所研究机构的本质,以及宪法和部门立法对哈萨克斯坦共和国法律和秩序的管制影响的可能性。在作者进行的科学分析中,始终贯彻复杂性和一致性原则,并富有成效地结合起来,使提高刑事诉讼能力以实现个人权利和自由的问题得以更充分、更科学地实现。作为研究的结果
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Legal prerequisites of private detective activity in the Republic of Kazakhstan
The article deals with the issues of balancing the interests of the individual and the state, most clearly manifested in the criminal process, by the example of the implementation of the principle of privacy, issues of private detective activity in the Republic of Kazakhstan, issues of improving legislation on professional secrets, which are the most important mechanisms designed to protect the right to privacy of citizens. The legal analysis of guarantees of observance of constitutional rights of citizens in the implementation of private detective activities in criminal proceedings is carried out. In this regard, the authors actualize the need for further improvement of legislation defining the legal regime of privacy in criminal proceedings; the implementation of private detective activities in the Republic of Kazakhstan. Also relevant are: the essence, importance and role of the measures of criminal procedural coercion applied by the state, in particular by the bodies of criminal prosecution, which amounts to ensuring state legality and law and order; the principle of inviolability of private life as the fundamental and guiding principle of the entire criminal process of the Republic of Kazakhstan. For this purpose, the work examines the norms of the legislation of the Republic of Kazakhstan, the range of homogeneous public relations regulated by them on the implementation of individual rights and freedoms in criminal proceedings, the practice of law enforcement on the issues under consideration in the Republic of Kazakhstan, on the basis of which proposals are being developed to improve legislation; theoretical and legal foundations of private detective activity as an activity related to the protection of the legitimate rights and interests of the individual of the Republic of Kazakhstan. In the study of the questions posed, a logical, formal – legal, analytical, as well as functional method is used, revealing the qualitative characteristics of the subject of research, allowing to determine the essence of the institution under study, the possibility of regulatory impact of constitutional and sectoral legislation on the state of law and order in the Republic of Kazakhstan. In the scientific analysis undertaken by the authors, the principles of complexity and consistency are consistently implemented and productively combined, which made it possible to more fully, scientifically actualize the issues of improving criminal procedural capabilities for the realization of individual rights and freedoms. As a result of the study
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