Criminal Legal Regulation of Lawful Infliction of Harm in the Course of Covert Actions of Law Enforcement Agencies (Legislative Experience of the Republic of Kazakhstan)

Elena V. Mitskaya, Gennadiy S. Shkabin

2021

Abstract

Article 35 of the Criminal Code of the Republic of Kazakhstan provides the legitimacy of infliction of harm in the course of criminal intelligence, counterintelligence measures, criminal intelligence and surveillance operations. This provision is a criminal-law guarantee of safety of law enforcement officers involved in covert operations to counter crime. However, the authors' analysis of this legal regulatory provision revealed a high probability of violation of the rights of persons who have caused harm in the implementation of the named actions. This circumstance requires scientific attention and broad discussion in the professional community. The purpose of the article is a research of Article 35 of the Criminal Code of Republic of Kazakhstan from the construction point of view and its correlation with other legal regulatory provisions of the Criminal Code of Republic of Kazakhstan and sectoral legislation; the tasks - to examine the verbal formulation of the construed regulatory provision of the Criminal Code of Republic of Kazakhstan to eliminate its contradictions with other legal regulatory provisions of the Kazakhstan legislation, develop proposals for improvement of proper quality of fixing circumstances excluding criminality of action in Article 35 of the Criminal Code of Republic of Kazakhstan. The significance of the study for the practice of application of Article 35 of the Criminal Code of Republic of Kazakhstan is justified by the author by making proposals to eliminate the problematic nature of the legislative construction of this regulatory provision for its uniform application and strengthening the ability of Article 35 of the Criminal Code of Republic of Kazakhstan to become an effective regulator of social relations.

Paper Citation

in Harvard Style

Mitskaya E. and Shkabin G. (2021). Criminal Legal Regulation of Lawful Infliction of Harm in the Course of Covert Actions of Law Enforcement Agencies (Legislative Experience of the Republic of Kazakhstan). In Proceedings of the VII International Scientific-Practical Conference “Criminal Law and Operative Search Activities: Problems of Legislation, Science and Practice” - Volume 1: CLOSA, ISBN 978-989-758-532-6, pages 214-218. DOI: 10.5220/0010634000003152

in Bibtex Style

@conference{closa21,
author={Elena V. Mitskaya and Gennadiy S. Shkabin},
title={Criminal Legal Regulation of Lawful Infliction of Harm in the Course of Covert Actions of Law Enforcement Agencies (Legislative Experience of the Republic of Kazakhstan)},
booktitle={Proceedings of the VII International Scientific-Practical Conference “Criminal Law and Operative Search Activities: Problems of Legislation, Science and Practice” - Volume 1: CLOSA,},
year={2021},
pages={214-218},
publisher={SciTePress},
organization={INSTICC},
doi={10.5220/0010634000003152},
isbn={978-989-758-532-6},
}

in EndNote Style

TY - CONF

JO - Proceedings of the VII International Scientific-Practical Conference “Criminal Law and Operative Search Activities: Problems of Legislation, Science and Practice” - Volume 1: CLOSA,
TI - Criminal Legal Regulation of Lawful Infliction of Harm in the Course of Covert Actions of Law Enforcement Agencies (Legislative Experience of the Republic of Kazakhstan)
SN - 978-989-758-532-6
AU - Mitskaya E.
AU - Shkabin G.
PY - 2021
SP - 214
EP - 218
DO - 10.5220/0010634000003152