Қылмыстық заңнамасы аясында жаза тағайындау

Abstract

The issue of punishment and its appointment is very relevant both in the country and in other states. Here we are talking about the social consequences that can be achieved in criminal law when imposing and applying punishment to persons found guilty of committing a criminal offense. In recent years, Kazakhstan's criminal policy has been paying more attention to combating serious and especially serious crimes, facilitating criminal liability for less serious and moderate crimes. That is, in the first case, various grounds for the application of punishment for crimes not related to isolation from society are considered, and in the second - the possibility of appropriate impact on convicts of punishments in the form of imprisonment. As already noted, in the article, the authors assess how often types of punishments are considered in criminal sanctions, based on the general grounds for imposing punishment on the guilty person in order to achieve the purpose of punishment. At the same time, the relevance of this issue indicates that there are difficulties in imposing punishment, taking into account aggravating and mitigating circumstances in accordance with criminal law. In the article, the authors provide recommendations on mitigating circumstances. The purpose of the research work is to identify contradictions that arise in law enforcement practice when imposing punishment. The paper uses formal logical, historical and comparative methods.