О ПЕРСПЕКТИВАХ РАЗВИТИЯ ПРОЦЕССА ИСПОЛНЕНИЯ УГОЛОВНЫХ НАКАЗАНИЙ И ПРОБАЦИИ В РЕСПУБЛИКЕ КАЗАХСТАН

Abstract

The progressive system is a complex interdisciplinary institution of criminal and penal law, which includes several independent institutions, In applying them, the legal status of the convict changes depending on the degree of their correction: the scope of their rights is either expanded or limited. In the current legislation, with the establishment of a general rule on various conditions for serving a sentence within one correctional facility, the progressive system has acquired a complete form and can be considered the basis of all punitive and educational influence on convicts. Currently, there is an urgent need for a more detailed classification of positively characterised convicts. Each positive degree of convicts’ behaviour must correspond to certain confinement conditions and to a certain institution of the progressive system, namely: upon reaching Positive Degree 1, the convict is kept in the usual conditions of a correctional facility (an institution for changing confinement conditions within one correctional facility); upon reaching Positive Degree 2, the convict is given light confinement conditions; upon reaching Positive Degree 3, the convict is given preferential confinement conditions; upon reaching Positive Degree 4, the convict is transferred to a facility of a different type; upon reaching Positive Degree 5, the institution of change of punishment is applied; upon reaching Positive Degree 6, parole of the convicted person is possible. It is necessary to release the court from the function of changing the process of executing the sentence and give this function to the supervisory commissions created at the correctional facility. The court will only appoint the type of punishment, and the execution of its decision should be entrusted to the Committee of the Penitentiary System and the Supervisory Commission. In this case, the commission collectively decides on the application of all the institutions of the progressive system, up to the institution of parole. The appointment and execution of probation is also decided on by the supervisory commission.