Skip to main content Skip to main navigation menu Skip to site footer
Bulletin of Abai KazNPU. Series of Jurisprudence

CRIMINAL PROCEDURAL INTERPRETATION OF THE CONCEPT OF «HOME» UNDER KAZAKHSTANI LAW

Published September 2024
Abai Kazakh National Pedagogical University
Abstract

The concept of ‘home’ has a deep procedural and legal significance. It is reflected in the rules of application of procedural restraint measures in criminal cases, criminal legal qualification of acts related to violation of the constitutional principle of inviolability of the home. The CPC RK contains a definition of the concept of ‘home’, which does not coincide with a similar concept provided for in the LRC ‘On housing legal relations’, with the grammatical interpretation of the concept applied in the Criminal Code of the RK. The above circumstances have determined the relevance of considering the nature of the criminal procedure interpretation of the concept of ‘dwelling’ in order to develop rational proposals for levelling contradictions arising in law enforcement practice. The current state of the norms of the CPC RK in the part of interest to us can have a negative impact on the quality of Kazakhstani justice.

pdf (Русский)