In Address to the people of Kazakhstan “Kazakhstan in a new reality: time for action” of September 1, 2020 at a joint meeting of both Chambers of Parliament the President of the country Kasym-Jomart Tokayev voiced the main goals of post-crisis development of the country. Much of his speech was devoted to economic and social issues.
We, lawyers, are particularly impressed by the problematic issues raised at a high level of priority tasks of improving national legislation in order to ensure all rights and freedoms of citizens of Kazakh society.
Particularly noteworthy is the President’s call to critically assess and take new measures to protect human rights. This problem is a priority for the President. In particular, the problem of unprotected citizens from online bullying, especially of children, leads to sad consequences.
The reality is changing rapidly. The more power structures rely on best practices, the more chances they have to fit into the context of international practice.
The current situation in the country places new demands on law enforcement agencies, which must meet the demands of citizens.
With regard to prosecutorial oversight, it is belated. Prosecutors get acquainted with the circumstances of cases only before they are sent to court.
The criminal sphere should be modernized, following the example of developed OECD countries. We need a model that provides timely protection of citizens’ rights and meets high international standards. I think it is necessary to introduce a three-part model with a clear division of powers in Kazakhstan.
The police should identify crimes, identify those involved, collect and secure evidence.
The prosecutor must provide an independent assessment of the collected evidence, prevent violations of citizens’ rights, prevent the involvement of honest citizens in criminal proceedings, and support the prosecution in court.
The court will consider complaints about the actions of authorities and issue a final verdict on the case.
This approach will strengthen the system of checks and balances and create effective filters at each stage.
Legitimacy and fairness must be ensured by default. It should be remembered that the fate of people depends on mistakes in criminal cases.
In criminal cases, starting from 2021, a prosecutor will be legally obliged to agree on key procedural decisions affecting human rights and freedoms.
It is important to ensure the stability of criminal and criminal procedure legislation. Its frequent adjustments have a negative impact on law enforcement and prevent the development of uniform investigative and judicial practices.
Decisions on the application of legislation are often made without proper analysis and forecasting, based on the convenience of law enforcement. Therefore, new concepts of “administrative” and “criminal” offences are to be developed. The logic of establishing punishment for offenses will become clear to the society and the legal community.
No less important is the revision and release of the Ministry of Internal Affairs from non-core functions, which will increase the efficiency of this law enforcement agency, further development of the service model of the police.
In the period of more frequent natural and man-made disasters, giving a special status to the Ministry of Emergency Situations is also a timely step towards ensuring the rights of citizens to safety and security of health, life and property.
Raising the status of a district inspector, providing him with all opportunities for effective work, ensuring the stability of criminal and criminal procedural legislation – this is what we need to work on. Frequent adjustments and changes in the required important sectoral legislation have a negative impact on law enforcement and, as correctly noted by the President, do not allow to develop a uniform investigative and judicial practice.
Development of a new legal and regulatory framework for small and medium-sized businesses (SMEs) in order to exclude any illegal interference by government agencies in business activities, obstruction of the work of businessmen, as urged by the head of state should be perceived as the gravest crime against the state.
In general, it should be noted that this Message has a special focus on addressing social and economic issues. The Message is especially relevant and significant due to the fact that it answers topical issues related to what a difficult time we find ourselves in due to the pandemic and other challenges of our time.
Head of the Department of Legal Disciplines, Professor A.T. Kabzhanov.
