Retrospective analysis of national legislation, regulating the order of realization of the judicial restraint measures of suppression, related to limitation and imprisonment

Abstract

In the article research is conducted of evolution of home legislation, regulating the order of realization of the judicial measures of suppression, related to limitation and imprisonment in different historical periods. On the basis of analysis of data of home and foreign literature, criminal judicial legislation on questions of perfection of institute of measure of suppression in the criminal trial of Republic of Kazakhstan, marked his social and legal problems. The deep historical analysis of institute of measure of suppression allows to trace not only his stage-by-stage development in the field of criminal judicial legislation but also to produce preventive measures in a fight against criminality in our country. Taking into account a criminogenic situation and modern requirements of fight against criminality the organs of the criminal proceeding must produce the effective methods of organization-legal and strategic character. At perfection of criminal judicial legislation from the side of the state, in particular, implementation of international norms in national in a sphere application of institute of measure of suppression, it is necessary to take into account historical development of this institute from times of soviet period. On the assumption of the analysis and despecification of current normative sources, theoretical approaches, scientific and judicial sources, in the content of the article, the position of the author was reflected in the part of improvement the criminal procedural mechanisms of pre-trial production.