Problematic aspects of improving property measures of criminal procedural restraint under the legislation of the Republic of Kazakhstan

Abstract

The article analyzes the points of view of various scientists, as well as legislation regulating the legal status of the application of property-related preventive measures. The purpose of the research work is to study the effective application of these preventive measures and the problematic aspects arising from their use. The methodological basis of the study is the modern doctrine of the measures of procedural restraint in criminal proceedings. General scientific methods such as comparative legal, logical, systematic methods have been applied in the work. The novelty of the article lies in the fact that for the first time it is proposed to introduce another measure of restraint — a property surety, as an alternative to another measure of restraint currently used in criminal proceedings — bail. In this regard, the problematic aspects of criminal procedural measures of restraint of a property nature existing in national legislation were examined, the application of these measures of restraint and ways to improve them were analyzed. Particularly, the specification of the conditions and grounds for the application of property preventive measures, the introduction of a specialized state deposit financial institution for the reception of valuables deposited to ensure the fulfillment of obligations, claims and monetary guarantees, as well as collateral amounts. The authors proposed to set deadlines for the deposit of the collateral amount and the necessary documents to ensure a property surety from the moment of the decision on the chosen measure of restraint in the form of a pledge or property surety. It was concluded that introducing a new measure of criminal procedural restraint — property surety, as the most effective in modern times is necessary.