Genesis and retrospective analysis of the classification of persons sentenced to imprisonment in the Republic of Kazakhstan

Abstract

Relevance. The relevance of the study is determined by the need to improve approaches to the classification of convicts and further humanisation of the conditions in detention facilities considering the historical experience of the implementation of penal enforcement legislation of different historical periods of Kazakhstan. Purpose. The purpose of the study is a scientific analysis of the processes of development of the legislation of the Republic of Kazakhstan in the field of classification of persons sentenced to imprisonment, which would allow prioritising the mechanism of distribution of convicts, and conclude that it is necessary to abandon formal classification in favour of a flexible approach in the implementation of an individual risk assessment of any particular convict. Methodology. The basis of the methodological approach in this study is a qualitative combination of general scientific and special methods of cognition of empirical and theoretical levels of research. Results. The results are the conclusions obtained in the process of analysing the legislation of different historical periods of Kazakhstan on the need to involve scientists, practicing psychologists, lawyers, and mediators in the classification of persons sentenced to imprisonment, which would contribute to the compilation of a complete, comprehensive description of the convict. The results of this study are of significant importance for researchers whose sphere of scientific interests is related to the issues of primary and secondary classification of persons sentenced to imprisonment, with the investigation of the legal status of convicts. Conclusions. The conclusions may be useful for subjects whose powers provide for the classification of convicts in practice, for employees of correctional facilities, lawyers, and prosecutors. The practical significance of this study is conditioned by the analysis of the historical development of the classification of convicts, which can ensure