https://vestnik.volbi.ru/


ANALYSIS OF THE CATEGORY APPLICATIONS OF THE CRIMINAL CODES OF THE KYRGYZ REPUBLIC, THE RUSSIAN FEDERATION AND THE REPUBLIC OF KAZAKHSTAN

Back to articles of current journal
PDF: Author(s): I. M. Gilmanov, M. M. Gilmanov,
Number of journal: 1(62) Date: February 2023
Annotation:

The purpose of this article is to study the criminal codes of the Kyrgyz Republic, the Russian Federation and the Republic of Kazakhstan, both current and previous, with their analysis and comparison. All material is presented from the perspective of the jurisdiction of the categories of criminal offenses. In our opinion, in order to solve the problem associated with the high workload of the courts of first instance in the judicial systems of both the Kyrgyz Republic and the Republic of Kazakhstan, it is possible to recommend the creation of a new first instance, as in Russia, justices of the peace. As for Russia itself, it is necessary to introduce Article 15.1 into its current Criminal Code, as it has been demanded three times in the State Duma of the Russian Federation, starting from December 26, 2018, by Chairman of the Supreme Court Vyacheslav Mikhailovich Lebedev. For the fourth time, there should be no refusal. It is really necessary to formulate a separate article 15.1 and call it “Criminal offenses”. A significant number of countries in the world have chosen an option that is practical and economical for the budgets of these countries. This path is associated with the use of simplified proceedings at the stage of the inquiry, during the preliminary investigation, as well as at the stage of the judicial investigation. Thus, the simplified and accelerated options make it possible to save both considerable financial costs and the time required for the trial of complex criminal cases. Indeed, the precious time saved by simplification in less complex cases can be effectively used in more complex criminal cases. The practical significance of the results obtained is expressed in the possibility of using positive changes in the legislation of the CIS countries, which the Russian Federation can take advantage of for further development of regulatory legislation, facilitating and accelerating the activities of the judiciary, in particular, in the activities of justices of the peace.

Keywords:

crimes, offenses, courts of first instance, judicial system, jurisdiction of courts, Criminal Codes, Code of Criminal Procedure, Code of Misdemeanors, criminal law, criminal procedure law

For citation:

Gilmanov I. M., Gilmanov M. M. Analysis of the category applications of the criminal codes of the Kyrgyz Republic, the Russian Federation and the Republic of Kazakhstan. Business. Education. Law, 2023, no. 1, pp. 212—216. DOI: 10.25683/VOLBI.2023.62.558.