Open AccessOn the Powers of an Investigating Judge in the Application of a Preventive Measure in the Form of Detention in Criminal Proceedings of the Kyrgyz Republic
Author(s) -
A. Kalygulova
Publication year - 2021
Publication title -
bûlletenʹ nauki i praktiki
Language(s) - English
Resource type - Journals
ISSN - 2414-2948
DOI - 10.33619/2414-2948/63/33
Subject(s) - suspect , preventive detention , law , principle of legality , relevance (law) , constitution , political science , the republic , judicial review , criminal procedure , criminal law , measure (data warehouse) , psychology , computer science , philosophy , theology , database
The article is devoted to the issue of the powers of the investigating judge in the application of a preventive measure in the form of detention in criminal proceedings of the Kyrgyz Republic. The relevance of the study is due to the introduction of a new procedural figure of the investigating judge exercising judicial control in pre-trial proceedings, as well as applying measures and restricting the rights and freedoms of the suspect. The powers of the investigating judge to apply a preventive measure in the form of detention affect the right to freedom guaranteed by the Constitution of the Kyrgyz Republic. In this regard, the issue of considering the powers of the investigating judge regarding the application of the above preventive measure is relevant. The object of the research: an investigating judge-judge who applies measures restricting the rights and freedoms of a suspect, exercising judicial control over the legality of procedural actions and decisions of persons carrying out pre-trial proceedings and the prosecutor. The subject of the study: the powers of the investigating judge to apply, refuse restraint in the form of detention, as well as extend the period of detention.