LEGISLATION ON FORCED TREATMENT OF PERSONS WITH ALCOHOLISM: HISTORY, COMPARATIVES, PRACTICE, RESERVES FOR IMPROVEMENT
Aigul T.I. Bekmagambetov A.B. Voloshin P.V. Galiev B.B.
2022Ecozone, OAIMDD
Procedia Environmental Science, Engineering and Management
2022#9Issue 139 - 47 pp.
Conducted constructive-critical analysis of the latest legal innovations (the Law of the Republic of Kazakhstan On Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Health Issues dated 07.07.2020) revealed shortcomings in the legislative regulation of compulsory treatment of persons suffering from alcoholism, drug addiction or substance abuse in the Republic of Kazakhstan. Based on the comparative studies of foreign legislation were analyzed, it was found that many national Criminal Codes also contain similar norms. In order to increase the efficiency of crime prevention in the Republic of Kazakhstan, a proposal is being made to return to the Criminal Code the provision on compulsory treatment of persons who have committed tort intoxicated. Development of proposals for improving the criminal legislation of the Republic of Kazakhstan in the field of regulation of compulsory medical measures, in particular, the return of the norm to the Criminal Code of Kazakhstan on compulsory treatment of persons suffering from alcoholism in order to solve the problems of crime prevention of the above category of persons and social and legal control over crime. The hypothesis is put forward that the investigated institution of compulsory medical measures in the Republic of Kazakhstan, despite the modernization of the legal framework governing it, still needs further improvement, including taking into account international legislation, existing law enforcement practice. When writing this article, the authors used the historical method, comparative legal method or comparative studies, analysis and synthesis of legislation, empirical research methods. As a result of the research carried out, proposals were put forward for improving the norms of the current criminal law of the Republic of Kazakhstan, the existing law enforcement practice. These proposals may entail amending the Criminal Code of the Republic of Kazakhstan, which will affect the effectiveness of measures of social control over crime in general, and in particular will entail a decrease in “marginal crime” or crime of persons suffering from alcoholism. Conclusions were made about the premature exclusion of the norms on compulsory treatment of persons suffering from alcoholism from the norms of the Criminal Code of the Republic of Kazakhstan and the need to return the above norms.
alcoholism , compulsory medical measures , crime prevention , drug addiction , substance abuse
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University of Turan, 29 S. Dukenuly Street, Nur-Sultan, Astana, 010000, Kazakhstan
FGOUVO Chelyabinsk State University, Kostanay Branch, 168 A Borodin Street, Kostanay, 110000, Kazakhstan
University of Turan
FGOUVO Chelyabinsk State University
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