PROSPECTS OF LEGAL STATUS CONSOLIDATION OF THE INVESTIGATING MAGISTRATE IN JUDICIARY SYSTEM OF THE REPUBLIC OF KAZAKHSTAN

The issue of implementing into legal system of Kazakhstan of a figure of the investigating magistrate, urged to realize operating judicial control on legality and validity of application of measures of procedural compulsion, within reforming of the criminal procedure legislation is considered in the article. In the course of research of various points of view of the Russian and domestic scientists the most actual problems of this legal institute are divided, its modern functioning in the international aspect is shown. Authors analyze separate developments of the draft of the new Code of criminal procedure of the Republic of Kazakhstan connected with definition of the procedural status of the investigating magistrate, authorities when it is taken into account that investigating magistrate shouldn't resolve a question of criminality of the person as it is a prerogative of the court considering a case on the merits. By authors the existence of a party to a proceeding "the investigating magistrate " in the long term has to be accompanied by amendments to the national legislation regarding a regulation of its legal status for appropriate functioning in judicial system of Kazakhstan.