Institute of prejudice: problems of harmonization of the legislation of Kazakhstan

The article reveals the role, place and content of the institute of prejudice in the criminal proceedings of Kazakhstan on the basis of the study of law enforcement practice and analysis of the legislation of foreign countries. The authors recognize prejudice as a well-established means of solving problems arising in judicial and investigative practice in the legal field. It is noted that in spite of the noticeable influence of the Russian criminal procedure science and legislation on the formation of this institute in Kazakhstan, the Kazakhstan legislator and scientific circles preserve conservative attitude towards the institute of prejudice. In the period of active formation of national legislation the problem of harmonized procedural institutes must not remain unsolved, especially if they contribute to the most effective administration of justice. The article suggests variants of harmonization of criminal procedure law and also correction of provisions of the CPC of RK on prejudice as a part of institute of proof taking into account best foreign experience.