Some legal, theoretical, social and economic preconditions of developments of the current legislation of the Republic of Kazakhstan

Abstract

Abstract: The article explored the issues of formation and improvement of penal policy in the Republic of Ka-zakhstan. The authors have paid special attention to the analysis of the criminal laws of the state. The authors believe that the most important element of legal policy of the state should be criminal policy, the improvement of which should be carried out by an integrated, interrelated correction of criminal law, criminal procedure law and criminal-executive law, as well as law enforcement. Keywords: Criminal policy; criminal law; humanization; criminal law legislation; Criminal Code of the Republic of Kazakhstan; criminal liability; punishment; law enforcement system; crime. The current state of the fight against crime, the imperative of our time, as well as international trends in the development of the legal system, point at the need for the humanization of the law in force, on the other hand to strengthen criminal liability for certain types of crime. In this regard, the impor-tance for the modernization of modern criminal law was the development and adoption of the new draft of the Criminal Code of the Republic of Kazakhstan (May, 2014) [1, 53–54].As approved by the Presidential Decree of August 24, 2009 № 858 “Concept of Legal Policy of the Republic of Kazakh-stan for the period from 2010 to 2020”, it was noted that the most important element of the legal policy of the state is criminal policy, the improvement of which is carried out by an integrated, interrelated correction of criminal law, crimi-nal procedure law and criminal-executive law, as well as law enforcement [2].It is no coincidence, in the development of this provi-sion in the President of the Republic of Kazakhstan — Leader of the Nation Nursultan Nazarbaev to the people of Kazakh-stan “Strategy “Kazakhstan — 2050”: new political course of the held state” it was entrusted to the Government together with the administration to start the reform of the Criminal and Criminal procedural legislation in 2013.Emphasis should be placed on further humanization, in-cluding decriminalization of economic crimes. It is necessary to prepare and submit a draft 4 of the Code to Parliament: Criminal Procedure, Criminal, and Criminal Executive Code and the Code of Administrative Offences. The adoption of these key legislative acts conceptually modernize the criminal procedure system and bring our right to a standard that allows you to adequately respond to current challenges [3].The adoption of new criminal and criminal-executive legislation of the Republic of Kazakhstan, which entered into force on January 1, 2015 significantly affect the law enforce-ment practice, however, a number of problems, which we mentioned earlier were not reflected and require further study.Adverse changes of quantitative and qualitative characteris -tics of modern crime, costs of law enforcement activity, aggres -siveness and determination of government policy in the fight against crime, require new approaches to the understanding of law and law enforcement, to understanding and rethinking the existing criminal legislation of the Republic of Kazakhstan.Availability of crime tensions in society caused by the crime indicates a problem of criminal law of methodological order, which together determine the low efficiency of criminal legal regulation of social relations.Solution of the problem involves a set of interrelated problems of social and legal order, imperfection of the norms of criminal law, the problems of qualification of crimes, the combination of lawful and reasonable fairness in the selection and assignment of punishment.In general, there is the lack of foundation of criminal re-sponsibility, and therefore, there is a fair conclusion about unexplored of the legal nature of the crimes in full.In this context, the relevance of the offense to the position of a definition of public danger of crimes is not in doubt, such as it is directly related to the modern comprehension of the doctrine of crime components, designing of structures in a single act of law enforcement, general and special issues of im-provement of legal regulation.It should be noted that the theory of criminal legal think -ing in public and state life has been given lack of attention,