Improvement of the legislation of Kazakhstan on the prevention of offences by persons sentenced to restriction of liberty
Primkulova A. Karakushev S. Issergepova A. Abdirova G. Mukanov M.
2023FrancoAngeli
Rivista di Studi sulla Sostenibilita
2023#13Issue 1267 - 277 pp.
Modern world trends tend to introduce standards under which there is a gradual departure from imprisonment as the main type of criminal punishment of convicts. Following the norms of the current legislation of Kazakhstan, the functions of monitoring such persons are carried out by the probation service. It implements a wide range of powers to supervise the registered contingent and interacts in this area with many government agencies and institutions. The article examines the issues of organizing effective preventive work in Kazakhstan with persons sentenced to restriction of liberty and other measures of criminal punishment not related to deprivation of liberty. The methods used in the work are: analysis of legislative and applied aspects of the activities of state bodies and institutions executing criminal penalties, system-structural (scientific knowledge of intra-industry relations), comparative analysis (identification of continuity and specificity of various approaches to the formation of an optimal model of interaction between the subjects of preventive activities), logical method and method of transition from general concepts to private ones. It was found out that the role of the probation service in preventing new offences on the part of convicts is great since in recent years their number has been constantly growing, which indicates insufficient preventive work carried out by interested state bodies. One of the reasons for this situation is the imperfection of the legal framework governing their activities. The analysis of the current legislation showed the absence of norms in it that create a unified system for organizing preventive work with the registered contingent for all bodies. With this in mind, proposals are being made to improve the norms of the Law of Kazakhstan “On Probation”.
criminal policy , humanization , justice , probation service , registered contingent
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Faculty of Postgraduate Studies, Kostanay Academy of the Ministry of Internal Affairs of the Republic of Kazakhstan named after Shyrakbek Kabylbayev, 11 Abai Ave., Kostanay, 110005, Kazakhstan
Department of Criminal Law and Organization of the Execution of Sentences, Kostanay Academy of the Ministry of Internal Affairs of the Republic of Kazakhstan named after Shyrakbek, Kabylbayev, 11 Abai Ave., Kostanay, 110005, Kazakhstan
Department of Social Work Organization in Internal Affairs Bodies, Kostanay Academy of the Ministry of Internal Affairs of the Republic of Kazakhstan named after Shyrakbek, Kabylbayev, 11 Abai Ave., Kostanay, 110005, Kazakhstan
Department of Operational-Search Tactics and Special Equipment, Almaty Academy, The Ministry of Internal Affairs, The Republic of Kazakhstan named after Makan Esbulatov, 29 Utepov Str., Almaty, 050060, Kazakhstan
Faculty of Postgraduate Studies
Department of Criminal Law and Organization of the Execution of Sentences
Department of Social Work Organization in Internal Affairs Bodies
Department of Operational-Search Tactics and Special Equipment
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