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Topical problems protecting the rights and interests of minors in terms of the Criminal Procedure Code reforming in particular countries of the CIS
Abstract.The article is devoted to the complex study of theoretical and practical problems of the mechanism of protecting constitutional rights and freedoms of minors when implementing the provisions of particular institutions in the field of criminal procedure in Kyrgyzstan and Kazakhstan. The article raises topical problems of implementation of social regulations applied to minors during pre-trial procedure. The aim of the article is to specify the problems of protecting rights and freedoms of minors in terms of reforming the Criminal Procedure Code of Kazakhstan and Kyrgyzstan and particular ways to solve these problems. The authors analyze various sources connected with the observance of rights of minors in the Kyrgyz Republic; consider the correlation between the provisions of the criminal procedure law with other branches of law related to the rights of minors; discuss the main problem aspects hampering the implementation of particular procedural institutions in Kyrgyzstan and Kazakhstan. The authors use the complex approach to the protection of rights and interests of minors in terms of the ongoing reform of the Criminal Procedure Code in Kyrgyzstan and Kazakhstan under the lens of constitutional provisions of these countries. The article demonstrates the authors’ position on the acceptability and legality of using unconventional forms of interrogation and describes the factors, which, in the authors’ opinion, affect the very mechanism of protection of rights and lawful interests of minors. Thus, the article raises the problems requiring urgent solution, taking into consideration the high vulnerability of this part of the society. The authors suppose that any suggestions, which can affect or complete the existing research base in this field, are worth noticing.
Keywords: justice, interrogation, unconventional techniques, pre-trial proceedings, minor, criminal procedural legislation, principles, protection of rights, guarantee, judicial contro
Article was received:16-07-2018
This article written in Russian. You can find full text of article in Russian here .