On the Notions of ‘Examination’ and ‘Forensic Examination’ According to the Law of the Republic of Kazakhstan
On the Notions of ‘Examination’ and ‘Forensic Examination’ According to the Law of the Republic of Kazakhstan
Author(s): Anna Aleksandrovna Aubakirova, Elvira Abdikapbarovna Alimova, Zauresh Abilgozhanovna Umirbayeva, Gulnaz Tursunovna Alayeva, Sulushash Shinzhrhanovna DaubassovaSubject(s): Social Sciences
Published by: ASERS Publishing
Keywords: examination; forensic examination; expertise; evidence; civil proceeding; criminal proceeding; administrative legal proceeding;
Summary/Abstract: The paper deals with the notions of ‘examination’ and ‘forensic examination’ subject to Kazakh legislation, the characteristics of these notions’ content as significant in state’s activities is given, that said their distinctive features indicating the need for their differentiation are shown. The object of the research in the article of criminal procedure relations connected with the appointment, the production of forensic examinations, analysis, evaluation and use of their results in the criminal proceedings. The subject of research articles is the legal norms of the Russian (the modern and pre-existing) legislation governing the appointment and manufacture of judicial examination. It is shown that the appointment and examination in the trial court takes place in conditions of transparency, competitiveness, orality and immediacy. It was found that the appointment of judicial examination in judicial stages of self-regulation needed to be. The authors determined the need to provide for the appointment of the examination during the preliminary hearing. The authors also argue that we must distinguish between the following situations related to the appointment of the examination at the stage of preparation of the case for the court hearing and the trial. It is shown that, depending on these situations provided certain judges algorithm of actions on the issues under investigation.
Journal: Journal of Advanced Research in Law and Economics (JARLE)
- Issue Year: VII/2016
- Issue No: 18
- Page Range: 726-734
- Page Count: 9
- Language: English
- Content File-PDF