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Bulletin of Abai KazNPU. Series of Jurisprudence

A TRANSFORMATIONAL MODEL OF THE PRINCIPLES OF CRIMINAL PROCEDURE IN THE CONTEXT OF THE NEW CONSTITUTION OF THE REPUBLIC OF KAZAKHSTAN

Published June 2026
НАО "КазНПУ имени Абая"
Abstract

The new Constitution of the Republic of Kazakhstan, adopted following the referendum on 15 March 2026, has transformed the legal understanding of the system and structure of procedural principles. The recognition of the principles of judicial proceedings as the fundamental basis of procedural branches within the national legal system has been and remains a key factor in the development of regulatory mechanisms for the administration of justice. The primacy of principles and their comprehensive influence on the entire system and structure of sectoral law is indisputable and serves as a standardising criterion in legal systems worldwide. This means that changes in constitutional approaches relating to the system of legal principles form the basis for the further development of theoretical and methodological research into a new understanding of both the system of principles of judicial proceedings itself and the accompanying guarantees. Under the current circumstances, there is a growing social demand for an evidence-based justification of a new understanding of the essence of legal principles in general, and those of criminal procedure in particular. The new Constitution has given rise to new requirements, driven by the need to bring all branches of law into line with it. The possibility of drafting and adopting new laws, including the Criminal Procedure Code of the Republic of Kazakhstan, cannot be ruled out.

Pdf (Русский)