Legal Analysis and Research on the Practice of Ensuring the Procedural Rights of the Suspect and the Accused in Kazakhstan

Keywords: criminal process, suspect, accused, procedural rights, presumption of innocence, investigating judge, digitalization of legal proceedings, right to defense, three-tier model, preventive measures, digital assets.

Abstract

The presented fundamental research is devoted to a comprehensive theoretical and practical
analysis of the mechanisms for ensuring the procedural rights of individuals involved in the orbit of
criminal prosecution in the status of suspects and accused within the legal system of the Republic of
Kazakhstan. In the context of the phased implementation of a three-tier model of criminal justice, the
reform of national legislation, and the total digitalization of legal proceedings, the issues of strict
observance of constitutional guarantees of the individual acquire existential significance for building a
state based on the rule of law. The article examines in detail the key systemic defects and collisions in
the implementation of the right to qualified defense, the excessive use of repressive preventive
measures, as well as barriers to accessing fair justice. Special attention is paid to a deep comparative
legal analysis of the large-scale changes expected in 2025–2026 in the procedural legislation of
neighboring states (the Russian Federation), which allows identifying strategic vectors for the
development of regional legal doctrine and proposing scientifically sound ways to implement best
practices into the Criminal Procedure Code of the Republic of Kazakhstan (CPC RK). Conceptual and
systemic proposals are formulated for improving procedural institutions in order to ensure genuine,
rather than declarative, adversarial proceedings and absolute equality of the parties in the criminal
process.

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