The ratio of the criminal procedure form and electronic pre-trial proceedings (a case study of the Republic of Kazakhstan)

Introduction: the article is devoted to the consideration of issues related to the relationship between the criminal procedure form and electronic pre-trial proceedings in the Republic of Kazakhstan. Materials and Methods: the materials of the study were criminal legislation of the Republic of Tatarstan, other enactments concerning the topic and scholarly works. The methodological basis of the study was the general scientific dialectical method of cognition of the laws of objective phenomena and current reality. In the course of the study, a set of general scientific and private scientific methods was used, such as comparison, analysis, synthesis, and logic. Results: a study was conducted aimed at the correlation of the criminal procedure form and electronic pre-trial proceedings in the Republic of Kazakhstan; conclusions on the correlation between criminal legislation and electronic pretrial proceedings. Discussion and Conclusions: the author came to the conclusion that the criminal procedure legislation of the Republic of Kazakhstan defines three main forms of pre-trial investigation: inquiry, preliminary investigation and protocol form (Part 1 of Article 189 of the Criminal Procedure Code of the Republic of Kazakhstan). Thus, the introduced electronic format of pre-trial investigation can be carried out only within the framework of these three forms, and do not give grounds for its interpretation as a new procedural form.