Relevant problems of humanisation of the execution of liberty deprivation under the legislation of Kazakhstan: An international comparative analysis
Tatikov R. Baltabayev K. Drokin Y.
2025Lviv State University of Internal Affairs
Social and Legal Studios
2025#8Issue 120 - 32 pp.
This researchʼs relevance lies in the nationʼs continuous initiatives to reform Kazakhstanʼs criminal justice system, reduce recidivism rates, and coordinate its penal policies with international restorative justice standards, especially as it aims to reduce dependence on incarceration and improve the efficacy of probation and alternative sentencing strategies. The purpose of the study was to identify new forms of influence on criminals in the context of restorative justice. This study utilised comparative legal analysis, doctrinal legal research, and functional legal analysis to assess the efficacy of restorative justice and alternative sentencing in Kazakhstan, Germany, Spain, and the United States. The analysis of the fundamental international documents that regulate the legal status of persons convicted of a criminal offence using mitigating penalties and their impact on the formation of national criminal law is conducted. The study indicated that restorative justice procedures, including probation, suspended sentences, and mediation, result in reduced recidivism rates and enhanced rehabilitation efficacy relative to solely punitive methods in Kazakhstan. The comparative analysis indicated that Germany and Spain have systematically incorporated restorative justice into their legal frameworks, facilitating more effective offender reintegration, while Kazakhstan continues to emphasise incarceration, leading to elevated recidivism rates and financial burdens for the penal system. The results substantiated that alternative sentencing alleviates prison congestion and diminishes state costs, reinforcing the assertion that Kazakhstanʼs legislative system necessitates more modifications to conform to worldwide best practices. The practical importance of this study is to identify new instruments of influence on persons who are criminally responsible from the standpoint of restorative law, humanisation of criminal law, rehabilitation practice, and international experience in influencing offenders.
criminal offence , mediation , out-of-court settlement mechanisms , restorative justice
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Kazakh-American Free University, 76 Maksim Gorky Str, Ust-Kamenogorsk, 070004, Kazakhstan
L.N. Gumilyov Eurasian National University, 2 Satpayev Str, Astana, 010008, Kazakhstan
Kazakh-American Free University
L.N. Gumilyov Eurasian National University
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