ON CERTAIN ISSUES OF THE IMPLEMENTATION OF THE INSTITUTION OF PROBATION IN THE REPUBLIC OF KAZAKHSTAN AND THE SEARCH FOR WAYS TO IMPROVE IT

Abstract

This article highlights some issues related to the implementation of the institution of probation in the Republic of Kazakhstan. The article presents statistics collected for the period 2019-2022 on suspended prisoners removed from the register in connection with: - with early release; - with a referral to an institution; - with the commission of a crime. To illustrate the problems of applying the material norms of the Criminal Code on probation in the activities of the Kazakh probation service, the author gives examples from the materials of law enforcement practice. The empirical experience of the departments of the probation service of interaction with district courts when sending submissions with a request to resolve the issue of the cancellation of conditional sentences against individual citizens is given. The analysis of court decisions sheds light on a certain problem of criminal legislation affecting the law enforcement practice of the Kazakh probation service when its employees send representations about the cancellation of a suspended sentence. In order to find ways to solve the existing law enforcement problems and improve the institution of probation, the author comes to the conclusion that it is expedient to conduct a survey as experts on the specified professional community of probation service employees, which should be faced with a number of topical questions formulated by him: Based on the illustrated court decisions and materials of the practice of the Kazakhstan probation service, the author presents his vision of the prospects for improving the norms of criminal legislation regulating the implementation of conditional sentences in the Republic of Kazakhstan. The hypothesis is put forward that the identification of the common position of the expert community of probation officers will entail the introduction of appropriate legislative initiatives with the preparation of a package of amendments and the organization of preliminary hearings with interested state bodies on improving the institution of probation in the Republic of Kazakhstan.