WRIT PROCEEDING IN THE CRIMINAL PROCESS OF GERMANY
The reception of many foreign institutions has become an active trend in the era of digitalization and unifcation of systems. Meanwhile, the subsequent negative law enforcement practice of domestic novels increasingly reveals the superfcial and unsystematic study of the Institute at the stage of project development (model). There are a number of errors and gaps that could have been prevented if the Institute had been fully analyzed and the specifcs of its application in foreign practice had been observed. In this way, the appropriate words of J. J. Rousseau says that: «А Wise legislator does not begin with the publication of laws, but with the study of their suitability for a given society.».The institution of writ proceedings has been applied in the criminal process of Kazakhstan since 2018. It was introduced in the Criminal procedural code Law «On amendments and additions to some legislative acts of Kazakhstan on modernization of the procedural framework for law enforcement» from 1 December 2017. The need for the introduction of such an institution by the legislator was due to the need to simplify the procedural form, speed up the terms and procedural savings in cases of criminal misdemeanors and crimes of minor gravity. This Institute was based on the experience of Germany and Estonia.In this article, the author examines the German Institute of the order of punishment. Attention is drawn to the specifcs of its production, legal regulation, positive and negative aspects of law enforcement, the relationship with the principles of criminal proceedings in Germany. Previously, such a scientifc analysis was not carried out in Kazakhstan. This article is the starting point for developing relevant proposals and recommendations for improving national legislation