Хабаршы. Заң сериясы (Mar 2019)
RIGHT TO PERSONAL FREEDOM AS THE BASIS OF THE PRINCIPLE OF THE INVIOLABILITY OF THE PERSON IN CRIMINAL PROCEEDINGS
Abstract
The article deals with the issues of balancing the interests of the individual and the state, most clearly manifested in the criminal process, on the example of the implementation of the principle of personal immunity. In this regard, the author updates: the essence, importance, and role of the measures of criminal procedural coercion applied by the state, in particular, the bodies of criminal prosecution, which boil down to ensuring state law and order; the principle of the inviolability of the person as the fundamental and leading principle of the entire criminal process of the Republic of Kazakhstan. For this, the work examines the theoretical and historical – legal foundations of the integrity of the person as a category of state – legal science, as well as the legal basis of the inviolability of the person as a principle of the criminal process of the Republic of Kazakhstan. The achievement of this goal contributes to the formulation of the following tasks: identification of the category of personal immunity as a human right in a democratic state; analysis of international legal norms and legislation of the Republic of Kazakhstan regulating the right to the integrity of the person; analysis of the norms of the Constitution of the Republic of Kazakhstan on the human right to personal freedom as the basis of the principle of the integrity of the person; legal assessment of the integrity of the person as a category of criminal procedural science, the principle of criminal procedural legislation. In the study of the questions posed, a logical, formal-legal, analytical, and also functional method is used, identifying the qualitative characteristics of the subject of the study, allowing to determine the essence of the institution under study, the possibility of the regulatory impact of constitutional and sectoral legislation on the state of law and order in the Republic of Kazakhstan. The scientific analysis undertaken by the author is consistently carried out and productively combines the principles of comprehensiveness (the study of the integrity of the person as a constitutional right), and systematicity (the principle of the criminal process), which made it possible to more fully, scientifically actualize the issues of improving the criminal procedure for the implementation of the principle of personal integrity.
