Comparative legal analysis of the conduct of secret investigative actions in the criminal proceedings of the Republic of Kazakhstan and some other post-Soviet countries
Journal: BULLETIN OF THE KALININGRAD BRANCH OF THE SAINT-PETERSBURG UNIVERSITY OF THE MINISTRY OF INTERNAL AFFAIRS OF RUSSIA
№ 2
, 2025
Rubrics: ARTICLES ABOUT CRIMINAL PROCEDURE
Authors:
1.
VOLGOGRAD ACADEMY OF THE MINISTRY OF INTERNAL AFFAIRS OF THE RUSSIAN FEDERATION
(adjunct, Adjunct)
from 01.01.2022 to 01.01.2024
Volgograd, Russian Federation
from 01.01.2022 to 01.01.2024
Volgograd, Russian Federation
Type:
Article
Pages:
from 66
to 74
Status:
Published
Received:
01.06.2025
Accepted:
27.06.2025
Published:
11.07.2025
Language:
Russian
Keywords:
Criminal proceedings, criminal procedure legislation, secret investigative actions, operational-search activity, special search measures, investigating judge
Funding:
personal expenses
Abstract (English):
Introduction. The article, based on the results of a comparative legal analysis of the norms of the criminal procedure legislation of the Republic of Kazakhstan and a number of other post-Soviet countries, considers the issue of conducting covert investigative actions in the framework of criminal proceedings. It is noted that a discussion has arisen in the scientific community regarding the validity of the emergence of the institute of covert investigative actions in the criminal procedure legislation of the Republic of Kazakhstan. Some similarities and differences between this institute and operational-search activities are revealed, a comparison of legal norms regulating covert (secret, special) investigative actions in a number of post-Soviet countries is carried out. Methods. The methodological basis of the study, the results of which are presented in this article, consisted of dialectical, logical, systemic methods. In addition, other methods of scientific knowledge were used: analysis, synthesis, induction, deduction, comparison, generalization, description. Results. The analysis of regulatory prescriptions conducted by the author of the article allowed us to conclude that covert methods of investigating crimes are strengthening their positions in the criminal procedure legislation of a number of countries. At the same time, in some countries the institution of covert investigative actions has received fairly detailed regulatory regulation simultaneously with mechanisms for ensuring constitutional human rights and freedoms, which confirms the importance of covert activity for criminal proceedings.
Introduction. The article, based on the results of a comparative legal analysis of the norms of the criminal procedure legislation of the Republic of Kazakhstan and a number of other post-Soviet countries, considers the issue of conducting covert investigative actions in the framework of criminal proceedings. It is noted that a discussion has arisen in the scientific community regarding the validity of the emergence of the institute of covert investigative actions in the criminal procedure legislation of the Republic of Kazakhstan. Some similarities and differences between this institute and operational-search activities are revealed, a comparison of legal norms regulating covert (secret, special) investigative actions in a number of post-Soviet countries is carried out. Methods. The methodological basis of the study, the results of which are presented in this article, consisted of dialectical, logical, systemic methods. In addition, other methods of scientific knowledge were used: analysis, synthesis, induction, deduction, comparison, generalization, description. Results. The analysis of regulatory prescriptions conducted by the author of the article allowed us to conclude that covert methods of investigating crimes are strengthening their positions in the criminal procedure legislation of a number of countries. At the same time, in some countries the institution of covert investigative actions has received fairly detailed regulatory regulation simultaneously with mechanisms for ensuring constitutional human rights and freedoms, which confirms the importance of covert activity for criminal proceedings.
Keywords:
Criminal proceedings, criminal procedure legislation, secret investigative actions, operational-search activity, special search measures, investigating judge
Criminal proceedings, criminal procedure legislation, secret investigative actions, operational-search activity, special search measures, investigating judge
