About some issues of validity of criminal prosecution authorities decisions in the implementation of pre-trial proceedings

Abstract

The criminal procedural category «validity» and its value are discuss in this article. The author's position is built with regard to the latest changes in the criminal procedure legislation of the Republic of Kazakhstan and the existing Russian Federation experience. The provisions of the current criminal procedure code of the Republic of Kazakhstan and registrations rules of statements and reports of criminal offenses, which regulates decisions that are incompatible with the beginning of a criminal case, are discuss. For conclusions forming, author refers to the Kazakh and Russian criminal justice specialist, who have dedicated their works to researching validity as a term and as a necessary requirement for procedural decisions. The type of decisions, which aren’t recognized as criminal procedure by criminal procedure code of the Republic of Kazakhstan but for which validity should be a mandatory criterion, are indicated. The necessary of regulatory fixing "validity" definition in criminal procedure code of the Republic of Kazakhstan as mandatory requirement, compliance with which is necessary when making decisions of the criminal prosecution authorities, is argue in the article provisions.