СДУ хабаршысы - 2010

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Protection of the Rights and Legitimate Interests of Minors in the Application of Criminally-Remedial Compulsion Measures
(Suleyman Demirel University, 2010) Kuatzhan Ualiev
This article analyzes the legal framework and practical application of criminally-remedial compulsion measures concerning minors in Kazakhstan. Such measures, including arrest and detention, are designed to ensure effective criminal proceedings while protecting public interests. Due to their intrusive nature, these measures must strictly adhere to legal procedures and consider the constitutional rights of minors. The study highlights the special rules established in the Criminal Procedure Code of the Republic of Kazakhstan (CPC RK) for minors, emphasizing age, health, family circumstances, and social rehabilitation. It critically examines judicial practice, revealing cases where courts have inadequately considered these factors, leading to unreasonable isolation of minors. The role of legal defenders in safeguarding minors’ rights is underscored, including early-stage involvement and proper representation during preventive punishment decisions. Overall, the article emphasizes balancing the interests of justice with the protection of minors’ rights, ensuring that compulsion measures are applied fairly, proportionally, and in accordance with law.