НОВЫЕ ПОЛОЖЕНИЯ В УГОЛОВНУЮ ПОЛИТИКУ, ПРОВОДИМУЮ РЕСПУБЛИКОЙ КАЗАХСТАН

Abstract

The article is devoted to modern approaches and the formation of author’s proposals regarding new provisions implemented in the criminal policy pursued by the Republic of Kazakhstan. It is noted that the criminal policy has three components: criminal, criminally-remedial and penal policies. It is possible and necessary to determine the degree of effectiveness of the implemented criminal policy only on the basis of the results of all its components and the development of modern preventive measures in order to prevent crime. The analysis of the criminal, criminally-remedial and penal legislation of the Republic of Kazakhstan in the field of types of punishment, their appointment and execution is carried out. In order to maintain further progressive development of the country, the strategy of further reduction of the «prison population» with the help of widespread use of punishments alternative to imprisonment, the development of a system of social adaptation and rehabilitation of persons caught in the sphere of criminal proceedings, is supported. In order to improve the penal legislation of the Republic of Kazakhstan, it is proposed to develop a new draft of a bill «On the Execution of Sentences and the Probation Service». One bill should regulate the types of punishments (from fines to imprisonment and the death penalty), the types of penal bodies and institutions included in the penal (penitentiary) system, the procedure of executing (serving) all types of criminal punishment, as well as social adaptation and rehabilitation of persons who find themselves in the field of criminal proceedings, etc. A new title of the draft of a bill is also proposed. It is «The Law of the Republic of Kazakhstan «On the Execution of Sentences and the Probation Service»». The title of the draft of the Criminal Penal Code proposed by us most fully reveals the legal essence of the new normative legal act. The implementation of the new laws specified in the Criminal Penal Code of the Republic of Kazakhstan urgently requires to create an independent state body – the Agency for the Execution of Punishments and the Probation Service. Key words: humanization of criminal policy; criminal, criminally-remedial and penal policy; penal (penitentiary) system; punishments alternative to imprisonment; social adaptation and rehabilitation of persons who find themselves in the field of criminal proceedings.