Хабаршы. Заң сериясы (Jun 2018)
THE INFLUENCE OF INTERNATIONAL EXPERIENCE ON THE FORMATION OF THE JUVENILE JUSTICE SYSTEM IN KAZAKHSTAN
Abstract
This article analyzes the development of the material and procedural legislation of the Republic of Kazakhstan on the legal responsibility of minors and the impact on its development of the experience of a number of foreign countries and international legislation in general. The purpose of this work is to ana-lyze the implementation in Kazakhstan of the international obligations assumed in the field of juvenile justice. In addition the research of problems of development of juvenile justice of Kazakhstan through a prism of research of positive and negative sides of the main types of world systems of juvenile justice and their introduction into domestic practice. During the writing the work, both general theoretical and scientific methods of cognition were used, specifically dialectical, comparative, legal, historical, formally dogmatic, specific legal and logical. The scientific and practical significance of the study lies in the re-sults and conclusions. Increased scientific interest in the problem of juvenile justice is associated with ongoing reforms in this area. The work of the juvenile court system revealed a number of problems that extent coincided with the requirements of the international agreements signed by Kazakhstan. This is the provision of qualified medical, legal, psychological assistance during the investigation, serving a sen-tence, and in the process of socializing children and their adaptation. As a result, the article concludes that it is necessary to further implement international norms and their actual implementation at all stages of processes, as well as further improve the material norms of criminal, criminal procedure, administra-tive and family legislation. The article analyzes the main types of juvenile systems adopted with the world. Their positive and negative aspects are singled out, which allowed the authors to make practical suggestions on the development of the domestic model. The practical value of the article is the possibil-ity of using the results obtained to improve the current legislation of the Republic of Kazakhstan and the rights of the child, as well as in law enforcement activities when bringing a minor to legal responsibility.