Executive Legislation Research Articles

On the problems of legal regulation of criminal procedural legal relations functioning at the initial stage of execution and serving of criminal sentences and their impact on criminal executive legal relations

The article analyzes the problems and features of the legal regulation of criminal procedural legal relations arising, changing or terminating at the initial stage of execution and serving of criminal sentences. The paper deals with the legal relations functioning within the boundaries determined by the moment when the court's conviction comes into legal force and the beginning of the actual execution of the criminal punishment (measure) by the authorized institution. In the course of the research, the author comes to the conclusion that for the normal development of criminal procedural legal relations and the timely emergence of general and specific criminal-executive legal ties at the initial stage of execution and serving of criminal sentences, it is necessary: - to solve problematic issues arising at the stage of the entry into force of the court's conviction and its appeal for execution. For example, it is proposed to fix in the Criminal Procedure Code the fact that only the person in respect of whom the conviction of the court has entered into legal force will be a convict, which will contribute to the elimination of problems related to the determination of the legal status of persons in respect of whom the accused the court verdict has not entered into legal force; - to make changes in terms of improving the legal status of convicts before they are sent from the pre-trial detention center to prison. For example, it is necessary to provide an opportunity for a convict to have a meeting not only with shy people, but also with other persons; - to exclude from the criminal procedural and criminal executive legislation duplicating norms that may differ in structure and create problems for the legislator. The conclusions are the result of a long study by the author of the norms of criminal procedural and criminal executive law, the practice of their use, as well as a survey of practitioners (365 prison officers were interviewed) who carry out criminal sentences.

Parole and Early Release from Punishment: Problems of Improving Application Mechanisms in the Republic of Kazakhstan and Foreign Experience

Objective: The article provides a comparative study of the institution of parole in the Republic of Kazakhstan with current foreign legislation. The positive experience of the legislation on parole is outlined, conflicts and problems of the current legislation of the Republic of Kazakhstan on parole are identified, and recommendations are offered for further improvement of the institution of parole.
 
 Theoretical framework: During the study, statistical material presented on the website of the Prosecutor General's Office of the Republic of Kazakhstan, other scientific works on the presented topic, as well as foreign experience of other countries were studied
 
 Method: The following methods were used in the research process: system-theoretical and logical analysis of the problem; expert assessment of the relevant norms of national legislation and the practice of its application; constructive and critical analysis of conceptual approaches to reforming the institution of parole.
 
 Results and conclusion: Based on the current legislative acts of the Republic of Kazakhstan and foreign countries, as well as scientific literature, the article analyzes the conditions for the abolition of parole, on the basis of which proposals are made for the wording of Part 7 of Art. 72 of the Criminal Code of the Republic of Kazakhstan. Also, the practice of applying preventive measures by government, law enforcement agencies, and public groups does not always properly demonstrate their effectiveness. Therefore, from our point of view, the legislation should provide for measures to improve them. Which indicate the advisability of developing a large comprehensive plan for the reintegration of parolees into life in society, which relate to all spheres of life. And regarding the principle of work of district inspectors and probation inspectors, which is identical, de-bureaucratization effect.
 
 Originality and value: Issues related to the theory and practice of applying parole to convicted persons or the non-application of certain types of punishment to a certain category of persons are quite often discussed in the scientific literature both in Kazakhstan and in foreign countries. However, taking into account the changes made to Kazakhstan's regulatory legal acts (criminal, criminal procedural, criminal executive legislation, regulatory decisions of the Supreme Court of the Republic of Kazakhstan) on issues of parole, in our opinion, some rough edges are revealed that require resolution. At the same time, the practice of applying the institution of parole shows that there are still issues that are subject to additional legislative regulation in order to eliminate any doubts in the interpretation of the law, which indicates the relevance of their research. Since frequent changes in legislation have caused and continue to cause difficulties for individual courts in the correct application of the above regulations. For example, issues related to the revocation of parole, or the reversal of an application for parole. The latter is what happens most often in practice.

Executive Legislation in India: Legality of Ordinance Making Power

Executive Legislation in India: Legality of Ordinance Making Power

СУТНІСТЬ, МЕТА І ЗНАЧЕННЯ ЗАХОДІВ ДИСЦИПЛІНАРНОГО ВПЛИВУ, ЩО ЗАСТОСОВУЮТЬСЯ ДО НЕПОВНОЛІТНІХ ОСІБ, ЗАСУДЖЕНИХ ДО ПОЗБАВЛЕННЯ ВОЛІ

The article is devoted to the study of various approaches to understanding the essence, purpose and significance of the disciplinary impact measures common in the science of criminal executive law. The author considers the scientific positions of both Soviet and modern Ukrainian researchers on the given problem. The author emphasizes that the legislator does not outline the essence and significance of the disciplinary impact measures, but only partially formulates their purpose, denoting that the objectives of the criminal executive legislation of Ukraine are to determine the procedure for applying influence measures to convicted persons for the purpose of correcting and preventing antisocial behavior (Part 2 of Article 1 of the Criminal-Executive Code of Ukraine). The article emphasizes that the system of the disciplinary impact measures, which can be applied to persons sentenced to imprisonment, is one of the means of ensuring the regime of serving the punishment, which is claimed, in particular, by such scholars as O. Dzhuzha, M. Romanov, A. Stepaniuk, S. Stefanov. Consequently, the author reveals the meaning of the regime as an established order of execution and serving of punishment, highlighting the positions of Ukrainian researchers O. Kolb and A. Stepaniuk regarding the understanding of its essence. At the same time, it is emphasized that the legislator understands the regime as one of the main means of correction and resocialization of convicts (Part 3, Article 6 of the CEC of Ukraine). The article states that the application of the disciplinary impact measures is based on a combination of the use of the method of persuasion and the method of coercion, which was pointed out, in particular, by the Soviet scholars M. Belyaev, I. Noy, M. Struchkov, Y. Tkachevsky, as well as the Ukrainian scientist A. Gel and representatives of the State Criminal-Executive Service of Ukraine. The author summarizes that the Ukrainian theoreticians of criminal executive law, namely A. Gel, S. Miroshnychenko, G. Semakov, A. Stepaniuk and I. Yakovets, summarizing the understanding of the essence expressed in legal science concerning the disciplinary impact measures, recognize them as means of stimulating convicts to obey the law. Therefore, the author states that the application of the disciplinary impact measures (that is, both incentives and sanctions) to the juveniles sentenced to imprisonment is intended to stimulate juvenile prisoners to obey the law and, therefore, to serve the purpose of correction and resocialization of the convicted, and as well as prevention of new offenses.

УГОЛОВНАЯ КОНЦЕПЦИЯ ДИФФЕРЕНЦИАЦИИ НАКАЗАНИЙ КАК ПРАВОВОЙ ПРИНЦИП

Within the framework of the presented article, an attempt was made to discover the penal differentiation and individualization of the execution of punishments, as well as the evolution of its establishment. It is worth noting that due to the democratization of public life and the adoption of a full-fledged legal concept of human rights in the independent Republic of Armenia, one of the areas of in-depth legal reforms was the revision of penal policy and legislative reform. The article speaks about the new Criminal Executive Code of the Republic of Armenia, adopted on June 15, 2022, which improved the legal technique for consolidating and legal regulation of the principles of criminal executive law in criminal executive legislation.

Execution of Prison Sentences in the Republic of Srpska

The Criminal Code of the Republic of Srpska prescribes the general purpose of all criminal sanctions and the purpose of punishment. In order for the purpose of punishment to be realized in each specific case, it is necessary that the imposed punishment, especially the prison sentence, be carried out in the manner, according to the procedure and under the conditions determined by the regulations of the executive criminal law (this is a significant number of regulations of the legal and by-law character). The purpose of the execution of criminal and misdemeanor sanctions, according to the provisions of paragraph 1 of article 3 of the Law, is the implementation of final and enforceable court decisions, the protection of society from the commission of criminal offenses and the separation of perpetrators of criminal offenses from the social environment in order to re-educate them, treat them and prepare them for life in freedom, in in accordance with the law and social norms. The execution of criminal sanctions fulfills the general and individual purpose of prescribing and imposing them in order to successfully reintegrate the convicted into society, and this purpose is determined in the provision of paragraph 3 of Article 41 of the Criminal Code of the Republic of Srpska (general purpose of all criminal sanctions) and in the provision of Article 43 (purpose of punishment). This paper, based on the positive executive legislation of the Republic of Srpska, talks about the principles of enforcement of perhaps the most important of all criminal sanctions, i.e., certainly the most important punishments today, i.e. prison sentences. In the second part of the paper, the legislative framework is given, which regulates the system of institutions where prison sentences are carried out, as well as other sentences of deprivation of liberty in the Republic of Srpska. And at the end of this work, a particularly important research was presented that provides the reader with statistical data on the movement, i.e. the number of persons who were in penal and correctional institutions of the Republic of Srpska serving prison sentences, detention measures, juvenile prison sentences, educational measures of referral to educational institutions - correctional facility and prison sentences imposed in misdemeanor proceedings, and for the last few years.

ТЕОРЕТИКО-ПРАКСЕОЛОГІЧНІ ПРОБЛЕМИ ЗАСТОСУВАННЯ ПОКАРАННЯ У ВИДІ АРЕШТУ В УКРАЇНІ

The authors argue that it is inappropriate for individual scholars to serve a sentence in the form of arrest in their free time (on weekends, possibly at night). This position states that serving a sentence on weekends and at night will greatly reduce its effectiveness, as it will be perceived by the child as a simple night or kind of two-day break. The deep meaning of any punishment must be the criminal offender’s understanding of the unfavorable, inconvenient situation in which he loses a significant number of his rights. Thus, even a 45-day break from study will not suffer the same harm as a “light” version of punishment. Secondly, the desire to create a favorable environment may not be fully combined with the ultimate goal and essence of punishment. With regard to house arrest as a potential form of punishment for juveniles, attention is drawn to the fact that finding a teenager at home may adversely affect the process of correction, as the environment can have a destructive effect on his psychiсs state and personality. It is concluded that to date, arrest as a form of punishment for both adults and juvenile offenders has almost completely lost its effectiveness and efficiency. Arrest can be called a rudiment of criminal law, which requires either a revision or a complete replacement with another, more modern, criminal measure. Particular attention is paid to the arrest of minors, which can be completely replaced by a coercive measure of an educational nature in the form of referral to a special educational institution. Key words: arrest, punishment, criminal offender, criminal legislation, criminal and executive legislation, juvenile, referral to a special educational institution.

Implementation of the principle of equality and guarantee of the rights of convicted persons

The article deals with the problems of implementing the universally recognized principle of equality in penal enforcement policy and guaranteeing the rights of convicts, as well as suspects accused of committing crimes in custody. The fundamental rights of convicted and detained persons are analyzed. It is proved that not all fundamental rights of convicted and detained persons are guaranteed by law in accordance with the principle of equality, which is among the universally recognized principles of international law and is aimed at international legal protection against discrimination. It is proved that the penal enforcement legislation does not provide for legislative restrictions guaranteeing protection against discrimination on any grounds. In the case of convicted and detained persons, there are often inequalities in gender, age, property and legal aid. Now an opportunity to serve prison term concerning women and minors at the place of residence as it is provided for men isn't enshrined in the criminal and executive legislation. Such a legislative decision contributes to the severance of family and socio-useful ties among convicted women and minors. The prohibition of the use of technical means by lawyers in the territory of a correctional institution is discriminatory, since it infringes on the right of convicts to receive qualified legal assistance, guaranteed by the Constitution of the Russian Federation. The article shows the differences in penal policy between the haves and the poor, which is also classically discriminatory and unacceptable. It was concluded that the implementation of universally recognized principles of international law, including the principle of equality of citizens before the law and the court, is the responsibility of the legislative and law enforcement agencies and contributes to the achievement of the goals of criminal enforcement legislation, as well as to strengthening citizens' faith in the institutions of State power.

Modern systems of organization of decisions enforcement and legal status of executors

The relevance of the study is as follows: if the substantive decision of a court or other jurisdiction (offi-cial) is subject to enforcement, the state must provide an effective mechanism for such kind of enforce-ment (otherwise, in case of non-compliance with the decision by the obligated person, protection of rights, freedoms, interests of the person will remain only on paper). An important component of such a mechanism is the system of enforcement of decisions. Therefore, each state faces the question of which system of enforcement of decisions to choose, and here we need the experience of other states that have already passed this path and can already clearly understand the results. The purpose of the article is to consider the experience of foreign states in reforming the system of enforcement of decisions and the legal status of executors in order to implement it in Ukraine. Methodological basis of the scientific arti-cle is general and special methods of scientific research (deductive, analytical, synthesis method, hermeneutic method, comparative, statistical, historical, dialectical and other methods), which were used to cover the topic of the scientific article. The results of the study contain a generalization of the experience of foreign countries in reforming the system of enforcement of decisions and the legal status of executors. The practical significance of the study is that the scientific article analyzes the application of different systems of organization of enforcement of court decisions, other bodies (officials), different approaches to the legal regulation of the legal status of executors. This can be useful for both legal scholars and legal practitioners, as well as anyone interested in reforming executive legislation.

On Types of Correctional Institutions

Introduction. Due to the different density of population in the Russian Federation and the scale of its territory, correctional system facilities should represent a unified system, in which the institutions are interrelated and interchangeable. In the conditions of a large number of types and sub-types of correctional institutions, the possibility of interchangeability is weakened. Problems associated with the quality of ensuring the internal isolation of convicts have a significant impact on the level of crime and penitentiary security. Hence, the punishment execution practice should more flexibly use the norms on separation of convicts to achieve goals and objectives of the penal executive legislation. Methods: the research used a dialectical method for cognizing objective reality, a logical method, a modeling method, a formal legal method, a systemic method. Results and discussion: the constantly changing socio-criminological portrait of the offender and the level of crime force the legislator to revise criminal-legal and criminal-executive criteria for differentiating those sentenced to imprisonment. The mentioned reasons also affect group differentiation that occurs in the process of distributing convicts to dormitory accommodation (cells) within the correctional institution. The crime level in a separate RF subject and changes in the state criminal policy require the reassignment of correctional institutions as a whole. The system of correctional institutions should not overwhelmingly depend on the criminal-legal criteria of those sentenced to imprisonment and the changing criminal policy of the state, and at the same time, departmental regulation should not bolster the legislatively established system of correctional institutions. Conclusions: the legislator has established a wide range of types of correctional institutions for those sentenced to imprisonment. Remoteness of some of them from the place of residence of convicts, to a certain extent, has both positive and negative impact on their social ties, which ultimately affects the effectiveness of implementation of the panel enforcement legislation goals and objectives.

Problems of Legal Regulation of the Implementation of Fixed Assets of Legal Entities, Serving Sentences as an Incentive for Law-abiding Behavior of Those Sentenced to Imprisonment, Respect for Individual Rights

The aim of the work is to study criminal-executive relations in the field of application of the basic means of correction to convicts serving a sentence of imprisonment. The analysis of the legal basis for the implementation of fixed assets for the correction of convicts established by the criminal executive legislation of Russia is carried out. There is a deficiency in the legal regulation of certain remedies, including social impact and educational work with prisoners. This circumstance is a significant obstacle to their implementation in practice, which negatively affects the formation of law-abiding behavior of persons serving a prison sentence, as well as the observance of rights. A number of recommendations are made, aimed at improving the criminal-executive policy in this area, including on the basis of the analysis of the legal support of remedies for convicted countries of the Commonwealth of Independent States convicted under the law

Способи проникнення заборонених предметів в установи виконання покарань та заходи запобігання

The article analyzes the ways of penetration of prohibited items for storage and using of products, objects, things and substances in penitentiary institutions, based on statistics of their seizure in restricted areas of institutions and when trying to deliver them to protected areas. The structural components of the manufacture and transfer of prohibited items are identified, among which the subjects of receipt or manufacture of prohibited items, the subjects of transfer, the psychological and motivational component and the direct action aimed at the transfer or manufacture of these items are identified. There is a high concentration in penitentiary institutions of persons convicted of serious, especially serious criminal offenses and convicts who are on preventive records and in need of constant control and influence on the behavior of the administration of institutions. At the same time, the presence of prohibited items in these convicts significantly increases their social danger, hides the risks of them committing criminal offenses while serving their sentences. The most common methods of delivery of prohibited items to institutions have been established, which are the transfer through engineering barriers of prohibited areas around the perimeter of penitentiary institutions and covert transmission in parcels. The categories of persons who most often commit offenses of this type are determined – they are relatives and acquaintances of convicts. The author determines the purpose of the restrictions on the storage and using of prohibited items on the territory of the penitentiary institution enshrined in the criminal and executive legislation. As a result, the main directions of the organization of preventive work to prevent the entry of prohibited items into the protected areas, based on the proposed structural elements of the offense. Key words: penitentiary institution, convicted person, imprisonment for a definite term, prohibited items, subject, penitentiary system, criminal offense.

ПРАВОВИЙ СТАТУС НЕПОВНОЛІТНІХ, ЗАСУДЖЕНИХ ДО ПОЗБАВЛЕННЯ ВОЛІ, В УКРАЇНІ ТА ЛИТОВСЬКІЙ РЕСПУБЛІЦІ: ПОРІВНЯЛЬНО-ПРАВОВИЙ АНАЛІЗ

The article conducts a comparative legal analysis of the legal status of juveniles sentenced to imprisonment in Ukraine and the Republic of Lithuania. Institutions where juveniles are serving sentences have been identified. The list of their rights and distinctive features has been also analyzed and highlighted. It is established that the list of convicted juveniles’ rights in Ukraine and the Republic of Lithuania has many common features, but by the way there are some clear differences. Thus, short-term appointments in Ukraine are provided without restrictions in contrast to Lithuanian ones, and long-term appointments, compared to the usual group, are provided more. The article specifies the responsibilities assigned to convicted juveniles. Thus, the responsibilities of juveniles sentenced to imprisonment in Ukraine and Lithuania are quite similar and there are no significant differences between them. A comparison of incentives and penalties applied to juveniles sentenced to imprisonment in these countries has been compared. Thus, in the Republic of Lithuania there are two measures of incentives that are not inherent in the domestic penitentiary system, and this is: «permission to go home during the holidays» and «granting a short-term trip home». Convicted juveniles who have served at least one third of a sentence imposed by the court may be allowed to go home every three months for a period of three days. In Ukraine, a convicted juvenile may not be deprived of the right to receive a parcel or may not be prohibited from purchasing food. As for the being placed in a disciplinary detention center, in Ukraine the terms of juveniles’ detention in such places are twice shorter than in Lithuania. The maximum age of convicts in special institutions for juveniles has been also determined in the article. It is noted that there are norms in Lithuanian legislation that could also improve the legal status of juvenile convicts in Ukraine for better. The authors have formulated the proposals to improve the criminal and executive legislation of Ukraine, namely to supplement Article 143 of the Criminal and Executive Code of Ukraine of the part 3 of the following content: «3. Convicts who have served at least half of their sentence, considering their personality, a part of their sentence and their behavior during the sentence, may be allowed to go home during the holidays, but not more than once per every three months. The trip is accompanied by parents or other close relatives. Travel expenses are paid by a convict or his/her close relatives». Key words: legal status, juvenile convicts, imprisonment, incentives, the Republic of Lithuania.

Міжнародні стандарти застосування сили (спеціальних засобів)

The article analyzes the content of the main international legal acts regulating the grounds, procedure and principles of using force (special means) to convicts in penitentiary institutions. An important factor in reforming and developing of criminal and executive legislation is Ukraine’s integration into the world community. Ukraine is a member of the United Nations, the Council of Europe and other international organizations. Partner states have made a legal commitment to bring national legislation into line with generally accepted principles and norms concerning the protection of human and civil rights and freedoms. In accordance with the Constitution of Ukraine, existing international treaties, the binding nature of which has been approved by the Verkhovna Rada of Ukraine, are part of the national legislation of Ukraine. The development and adoption of new legislative acts is guided not only by the content of national legal norms, but also by international legal acts, in particular, by international standards. Dynamic approaches to security provision help to prevent situations in which prison staff will need to use special means, force or weapons. It is established that the International Standards regarding convicts’ trearment allow to use force in penitentiary institutions as a last mean to restrain prisoners, repel attacks on personnel and others, and to stop escapes if non-violent offenses cannot be stopped (general condition of use). International standards define the limits of the use of force as the minimum necessary and the duration of the use as the minimum time required to put an end to an unlawful act. Personnel working directly with prisoners should be trained in techniques that allow them to restrain aggressive prisoners with minimal use of force. Key words: international legal acts; use of force (special means); grounds for the use of force (special means); sentenced to imprisonment; personnel of penitentiary institutions

Intersectional relations between executive law and civil law of Ukraine

The scientific article is devoted to analyze the intersectional relations between executive law of Ukraine and civil law of Ukraine. The classification of forms of intersectional relations, offered by M.Yu Chelyshev, was taken as the ground of theoretical and methodological base of scientific research the intersectional relations between executive law of Ukraine and civil law of Ukraine. Even though this scientist-lawyer researched the intersectional relations of civil law, grounding on the subject of his scientific researches, his classification is stated as universal and grounded enough and can be used for different legal researches. In the scientific article the intersectional relations between executive law of and civil law of Ukraine are discovered though direction as follows: 1) intersectional interaction between executive law of Ukraine and civil law of Ukraine (it represents by using in executive law definitions and constructions of civil law. As an example of definitions and constructions of civil law, that are used in executive law, can be stated the definition of agreement); 2) intersectional influence between executive law and civil law (it represents by mutual influence of compositions of executive law and civil law, especially norms and institutions. The bright example of that mutual influence is the legal status of some kinds of property on the context of forfeiture the property – some kinds of property are out of forfeiture in the executive process, despite that property are out of turnover restrictions); 4) intersectional legal and collision regulation (it represents by direct and indirect mutual renvois between civil legislation and executive legislation. As an example can be used the direct renvoi to art. 28 of The Civil Code of Ukraine from subpar. 5 par. 2 sec. III of The Instruction of Compulsory Execution Organization, approved by The Ministry of Justice of Ukraine from 02.04.2012 under № 512/5).

ВПЛИВ РЕКОМЕНДАЦІЙ ЄВРОПЕЙСЬКОГО КОМІТЕТУ З ПИТАНЬ ЗАПОБІГАННЯ КАТУВАННЯМ ЧИ НЕЛЮДСЬКОМУ АБО ТАКОМУ, ЩО ПРИНИЖУЄ ГІДНІСТЬ, ПОВОДЖЕННЮ ЧИ ПОКАРАННЮ НА ВНЕСЕННЯ ЗМІН ДО КРИМІНАЛЬНО-ВИКОНАВЧОГО ЗАКОНОДАВСТВА УКРАЇНИ

Досліджено діяльність Європейського комітету з питань запобігання катуванням, нелюдському або такому, що принижує гідність, поводженню чи покаранню щодо захисту прав осіб, позбавлених волі. Здійснено аналіз доповідей Комітету за результатами візитів до України. Визначено стандарти запобігання катуванням чи нелюдському або такому, що принижує гідність, поводженню чи покаранню, а також їх відображення в національному кримінально-виконавчому законодавстві та правозастосуванні. Таким чином, визначено роль Європейського комітету з питань запобігання катуванням, нелюдському або такому, що принижує гідність, поводженню чи покаранню в захисті прав осіб, позбавлених волі, та вплив його рекомендацій на внесення змін до кримінально-виконавчого законодавства України.

Особенности применения мер медицинского характера, соединенные с наказаниями без изоляции от общества

Relevance. Medical measures are currently not applied to persons who have committed a criminal offense, along with criminal penalties that are not related to isolation from society, due to the lack of clear legislative regulation of legal norms, as well as the contradictions of criminal and penal enforcement legislation in this part. The purpose it consists in identifying the features of the use of medical measures combined with punishments without isolation from society and in developing relevant proposals for improving the current legislation in this part. Objectives: to study the Russian legislation in terms of regulating the features of the use of medical measures, combined with punishments without isolation from society; to develop relevant proposals for improving the legislation in this part. Methodology. The work uses a set of traditional research methods. The methodology is based on the universal dialectical cognitive method. Besides, the authors used general scientific research methods: logical method, analysis and synthesis, which together ensures compliance with the universal principles of scientific knowledge. Results. The features of PMMX connected with punishments without isolation from society are investigated, gaps, contradictions of the criminal and criminal – executive legislation of the Russian state are revealed, on the basis of which actual proposals for improving the legislation in this part are developed. Conclusion. The use of PMMX along with criminal punishment, in law enforcement activities, causes a number of problems, especially this is associated with criminal penalties that are not related to isolation from society, which is why there is no law enforcement practice for the application of PMMX to convicted persons along with criminal penalties that are not related to isolation from society. In this connection, there is a need to improve the criminal and penal enforcement legislation.

Economization of the criminal law branch: problem formulation directions of optimization

The need for legislative clarification, and, in some cases, for the consolidation of those institutions of criminal law in conjunction with criminal executive legislation, which are aimed at optimizing the current financial costs in connection with the implementation of criminal law, becomes obvious against the background of the desire for a general humanization of criminal policy and the economic crisis observed not only in Russia, but at the international level. Currently, a theoretical and methodological substantiation of the economization of the criminal law branch including the development of methods, principles, tools for state costs reduction at all stages of criminal prosecution, including using the organizational and economic mechanism of the penal system is required. The cost of the criminal law mechanism is due to the need, on the one hand, to ensure the rights of persons who have committed a crime, on the other hand, to protect the victims and minimize the consequences of the harm caused. The purpose hereof is to identify the internal reserves of individual institutions of criminal and penal legislation to determine new areas of optimization of savings in the criminal law branch by reducing the costs of criminal prosecution, on the one hand, and increasing budgetary profitability in the implementation of criminal legal institutions of a property nature, on the other hand. The work uses general scientific, specific scientific and special methods traditional for theoretical and applied legal research – the method of comparative jurisprudence, law interpretation method, systemic-structural method, statistical method, correlation method, content analysis of scientific publications, various types of extrapolation, etc. The novelty of the scientific research lies in a fundamentally new approach to the assessment of criminal law in conjunction with criminal executive legislation to find optimal solutions aimed at increasing the profitability of criminal law institutions and finding mechanisms for material support for victims.

Уголовная политика в системе обеспечения правовой безопасности

The article considers issues of legal security through the modernization of criminal law, criminal procedure and criminal execution norms aimed at improving the criminal policy of the Republic of Kazakhstan. The authors carried out an analysis of norms of criminal law, criminal procedural, and criminal executive legislation of the Republic of Kazakhstan. The article highlights some innovations in a comparative aspect, indicating promising directions, ensuring the effectiveness of their application and implementation in law enforcement activity of the subjects of proof. The article reveals mechanisms of criminal policy improvement based on the system-complex approach and application of comparative-legal analysis. System-complex approach has been considered in terms of disclosure of material and procedural norms, determining comprehensiveness, completeness, and objectivity of regular processes of interaction, reflection, and manifestation of objective-subjective factors of formation and development of criminal activity. The mechanism of criminal activity has been disclosed in terms of regulation and management of the process of

еночные категории, содержащиеся в уголовно-Оцисполнительном законодательстве, и особенности их применения

Abstract. Based on the results of a survey of practitioners, the article examines the assessment categories, most difficult for a law enforcement officer, contained in the criminal executive legislation, such as «good behavior», «conscientious attitude to work», «active participation in educational activities», «extraordinary personal circumstances», «active participation in educational activities» and others. The paper highlights the legal features that form the most complex assessment categories, which the law enforcement officer must study when identifying, registering and applying the relevant concepts. Key words: assessment categories, legal facts, convict, criminal-executive legal relations, conscientious attitude to work.