The authors discusses the theoretical issues of the implementation of the three-tier model of criminal proceedings in the activities of the criminal prosecution bodies of Kazakhstan. The subject of the scientific research includes the legal systems and legal families that currently exist, examining their advantages and certain disadvantages. Historically established traditions of mutual legal reform are investigated, applied to various models of procedural order in criminal proceedings. A generalized assessment is given to the changes and additions made to the current Criminal Procedure Code of the Republic of Kazakhstan. An analysis is conducted of the system of checks and balances used in law enforcement practice. A generalized study of the existing legal systems and institutions of individual countries is carried out. The fundamental possibility and feasibility of extrapolating specific provisions used in the criminal procedural activities of foreign countries to Kazakhstani legislation are considered. The aim of the research is to clarify the consequences of implementing the three-tier model of criminal proceedings and its impact on the national legal system of justice. Historical, dialectical, comparative-legal, and formal-legal methods of research are employed. These methods allow for a systematic study of the proposed issues from the perspective of their formation and prospects for further development, taking into account the experience of foreign states. The conclusion is drawn about the presence of a process of convergence and internationalization of the legal system in Kazakhstan. A trend of adopting and implementing the experience of the European model, oriented towards the Romano-Germanic legal system, which utilizes a three-tier structure of criminal proceedings, is noted. A warning is expressed regarding the unjustified, blind copying and implementation of certain norms and institutions into the Kazakh criminal process. The necessity of scientific, systematic elaboration of all innovations introduced in the field of criminal proceedings is emphasized. It is unacceptable to ignore the accumulated experience of law enforcement and judicial activities, as well as the established domestic investigative practice. The novelty of the research lies in the proposed authorial approach to analyzing the situation in Kazakhstan regarding the implementation of the three-tier model of criminal proceedings. The authors identify significant points that should be prioritized. In implementing the three-tier model of criminal proceedings, the compatibility of the proposed institutions with the established regulation of public relations in ensuring the rights and legitimate interests of individuals should be considered. National identity and the mentality of the peoples living in Kazakhstan must be taken into account. This research will have a substantial impact on the further development of the topic.
Khanov et al. (Fri,) studied this question.