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Bulletin of Abai KazNPU. Series of Jurisprudence

EVIDENTIARY VALUE OF VIDEO MATERIALS, OF VIDEO MATERIALS OBTAINED IN THE COURSE OF COVERT INVESTIGATIVE ACTIONS

Published December 2024
Kazakh National Pedagogical university after Abai
Kazakh National Pedagogical university after Abai
Abstract

In the era of digitalisation of the legal sphere there have been objectively significant transformation processes that have affected the content and procedural significance of evidence used in criminal proceedings. While maintaining the relevance of traditional methods of collecting, recording and applying evidence in criminal cases, there is a need to clarify the rules of application of evidence in the form of video materials obtained as a result of unclassified investigative actions. The existing regulation of the procedure for the admission to the materials of a criminal case of video materials obtained by covert means is insufficient. In the current CPC RK video recording is regulated as an annex to the protocols of investigative actions, which can not be applied to non-public investigative actions.

          Used research methods: comparative-legal, logical-legal, analytical, doctrinal and lexical interpretation of legal norms, some private-search methods in the context of the unity of legal matter and its procedural form.

        Used materials: certain priorities in the field of criminal procedural law, outlined in the Concept of legal policy of the Republic of Kazakhstan until 2030, general and special legal literature, normative legal acts, current criminal procedural legislation, normative resolutions of the Supreme Court of the RK on the range of problems under study.

        The main results of the research: video materials obtained in the process of production of non-public investigative actions, it is expedient to recognise as independent sources of information about facts.

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