Characteristics of judicial appeal in the sphere of preventive and subsequent judicial control in criminal procedure of the Republic of Kazakhstan

Upon introduction into the Kazakhstan criminal procedure of the new independent prejudicial investigation participant, i.e. investigating magistrate, theory and practice of judicial procedure displayed issues related not only to implementation of the powers vested onto the said subject, but also related to judicial appeal of the decisions made by him. The author of the scientific article calls attention to the issues of the current legislation and discusses the correlation of the subject and limits of the judicial appeal during the preventive and subsequent judicial control. The article also analyses the mechanism of court review of the actions and decisions made by the prejudicial investigation authorities in case of implementation of unsanctioned investigative actions and defines criteria of distinction between deeming the presented evidence inadmissible and the decision of the investigating magistrate on deeming the unsanctioned investigative action illegal. As a consequence, the author makes recommendations and suggestions regarding clarification of the existing legal norms regulating the procedure of judicial appeal at various judicial authorities. Prospects of further scientific research on the presented topic are also discussed.