Open AccessOn the improvement of pre-trial dispute settlement in the criminal procedure of the Republic of Kazakhstan
Author(s) -
Baurzhan Smatlayev,
Meiram Ayubaev,
Svetlana Baimoldina,
Indira Saktaganova,
Sholpan Ormanova,
Aiman Mutalyapova
Publication year - 2021
Publication title -
laplage em revista
Language(s) - English
Resource type - Journals
ISSN - 2446-6220
DOI - 10.24115/s2446-6220202173a1470p.608-615
Subject(s) - voluntariness , mediation , normative , law , political science , institution , settlement (finance) , legal research , business , finance , payment
This article presents a comprehensive theoretical and legal study of the legal nature, legal conditions, principles, the specifics of mediation, the legal status of a mediator in the Republic of Kazakhstan, and the specifics of criminal procedural norms regulating the activities of a mediator. Conducting the research, the authors applied the following general and special scientific methods of cognition: the analysis of legal acts regulating mediation, observation, systematic and logical approaches, as well as specific scientific research methods, formal legal and historical legal methods, the research of leading international and Kazakhstan scientists who have studied this issue. The authors proposed the following improvements: to consider the possibility of normative regulation of the reconciliation of the parties at the pre-trial stage; to develop a methodology for determining the voluntariness of the victim’s agreement; the prosecutor’s explanation of the application of the institution of parties’ reconciliation; and the participation of the lawyer in the recon-ciliation of the parties in the criminal legal proceedings.