PRESUMPTION OF INNOCENCE AND TERMINATION OF CRIMINAL CASES ON NON-REHABILITATING GROUNDS

The principle of the presumption of innocence enshrined in the Constitution of the Republic of Kazakhstan is the main guarantee of respect for individual rights and the implementation of the law. Compliance with this fundamental principle serves as an indicator of the state of legality in society. Despite the significance and relevance of the topic of the presumption of innocence, it still raises many questions related to the interpretation and application of this principle. The article provides a classification of the institution of termination of a criminal case, considers rehabilitating and non-rehabilitating grounds, and identifies the problem of the relationship between the institution of termination of a criminal case on non-rehabilitating grounds and the principle of the presumption of innocence. Various points of view on the relationship between the principle of the presumption of innocence and the institution of termination of criminal cases on non-rehabilitating grounds are examined, and proposals are presented on the conformity of the principle under consideration and the institution of termination of criminal cases on non-rehabilitating grounds. As a result of the conducted research, the author comes to the conclusion that there is no contradiction between the presumption of innocence and the termination of a criminal case on non-rehabilitating grounds. When a criminal case is terminated on non-rehabilitating grounds, the guilt of the person is not established, but the refusal of the criminal prosecution authorities to continue criminal prosecution is established. Keywords: presumption of innocence, principles of criminal procedure, rehabilitating and non-rehabilitating grounds, termination of criminal case, criminal prosecution, guilty verdict, pre-trial investigation.