Abstract: The article is devoted to the complex study of theoretical and practical problems of the mechanism of protecting constitutional rights and freedoms of minors when implementing the provisions of particular institutions in the field of criminal procedure in Kyrgyzstan and Kazakhstan. The article raises topical problems of implementation of social regulations applied to minors during pre-trial procedure. The aim of the article is to specify the problems of protecting rights and freedoms of minors in terms of reforming the Criminal Procedure Code of Kazakhstan and Kyrgyzstan and particular ways to solve these problems. The authors analyze various sources connected with the observance of rights of minors in the Kyrgyz Republic; consider the correlation between the provisions of the criminal procedure law with other branches of law related to the rights of minors; discuss the main problem aspects hampering the implementation of particular procedural institutions in Kyrgyzstan and Kazakhstan. The authors use the complex approach to the protection of rights and interests of minors in terms of the ongoing reform of the Criminal Procedure Code in Kyrgyzstan and Kazakhstan under the lens of constitutional provisions of these countries. The article demonstrates the authors’ position on the acceptability and legality of using unconventional forms of interrogation and describes the factors, which, in the authors’ opinion, affect the very mechanism of protection of rights and lawful interests of minors. Thus, the article raises the problems requiring urgent solution, taking into consideration the high vulnerability of this part of the society. The authors suppose that any suggestions, which can affect or complete the existing research base in this field, are worth noticing.
 

Abstract: The purpose of the article is to present a comprehensive description of violence at penitentiary institutions (hereinafter referred to as PI) in the Republic of Kazakhstan taking into account the current realities. The authors reflect the qualitative and quantitative parameters of violent crime at penitentiary institutions typical for Russia and Kazakhstan. The author identifies a complex of factors influencing the formation of antisocial views in places of detention, and modern trends affecting the strengthening of criminal manifestations by convicts serving sentences at penitentiary institutions. A comprehensive approach to the criminological and forensic description of violent crime in modern conditions, including organized criminal groups in Russia and Kazakhstan, has been carried out. The main focus of the article is on the organizational and managerial factor that is associated with the insufficient activity of the administration of the PI itself and the omissions that they make. The author's position on the main reasons for the increase in the aggressiveness of convicts and the high latency of the observed penitentiary crime in prisons is presented. The author of the article substantiates and argues the circumstances that require an integrated approach to the study of such a complex and multifaceted nature of violent crime in the penitentiary institution, which allows you to determine the most effective tactics to counter this socially dangerous phenomenon. The structural elements of the criminological and forensic characteristics that determine the specificity of the crimes committed by the special contingent of the PI are shown. Thus, the criminology and forensic characterization described in the article covers a fairly wide range of their elements. This makes it possible to study this element from complex positions facilitating the development of an investigation technique for this category of crimes.

Abstract: In this article the authors discuss particular problems that relate to the reformation of the criminal procedure law in the CIS countries including the new version of the Criminal Procedure Code issued in Kazakhstan (2015) and Kyrgystan (2017), as well as obstacles that may prevent from implementation of a number of criminal law provisions. For this purpose, the authors define distinctive features of the criminal procedure law in terms of ongoing legal reforms in the CIS countries. They focus on the most troublesome criminal procedure institutions that may render a significant influence on criminal procedure in general. The article contains comparative law analysis of a number of provisions of the criminal procedure law in the CIS countries including new versions of the Criminal Procedure Codes. The authors of the article also provide a review of the new ideology followed by the legislator whch is proved by the principles set forth by the Criminal Procedure Codes of the CIS countries. The authors pay special attention to such important principle as adversarial system in a criminal trial but at the same time cover factors that, according to the authors, prevent from full implementation of that principle. They also give recommendations of the legislative nature that, to some degree, may help to achieve the tasks and objectives set forth for this sphere. The authors also raise questions about differentiation of criminal procedure stages and implementation of the institution of unofficial (special) investigative actions based on the provisions of the Criminal Procedure Codes of some CIS countries. Thus, the themes brought forth by the authors in terms of criminal procedure reforms, create conditions for the review of some provisions of the Criminal Procedure Code and making amendments and changes to the legal acts that ensure successfull realization of some institutions mentioned in the law.

Abstract: The aim of this article is to define the most significant determinants that activate organised crime and spread of criminal business under modern socio-political environment of the Kyrgyz Republic. The subject of the research is particular crimes committed by organised crime groups in the Kyrgyz Republic taking into account new social and legal realities. For this purpose, the authors focus on specific features and conditions that are typical for Kyrgyzstan and aggravate such social phenomena as drug business, targeted killing, economic crimes, and kidnapping. The authors also describe the main trends that will continue to activate organised crime in the aforesaid spheres. The authors carry out an integral research of particularities of interaction between crime groups of Kyrgyzstan, their functions, causes and conditions, and means or methods chosen by these groups to achieve their goals depending on the situation in the republic such as political events that have been taking place since 2004. The authors describe the relationship between organised criem and state authorities officials that has led to the growth of targeted killing, kidnapping, economic and drug business crime. The results of the research are based on diversified analysis of factors that have triggered development of organised crime and expanded their activity over the last decade. Thus, the authors describe specific determimants that encourage the growth of crime in particular spheres of social relations in the country as well as the change in the structure of modern organised crime. These results can be of interest for scientists and practical experts when preparing and choosing crime preventive measures. Moreover, the results complete criminological and forensic researches and can be used to achieve certain targets and goals of research.