The concept of probation and the implementation of probation control over persons with a suspended sentence in the Republic of Kazakhstan
Rubrics: RESEARCH ARTICLES
Authors:
1.
Academy of Law Enforcement Agencies under the Prosecutor General's Office of the Republic of Kazakhstan
(master's degree student, nastusha12121989aaa@gmail.com)
Nursultan, Kazakhstan
Nursultan, Kazakhstan
Type:
Article
Pages:
from 26
to 30
Status:
Published
Received:
14.10.2020
Accepted:
11.01.2021
Published:
14.05.2021
Subject area:
GRNTI 10.83 Уголовно-исполнительное право. Пенитенциария
Language:
Russian, English
Keywords:
probation, probation service, alternative to deprivation of liberty forms of punishment, penitentiary system, penal inspections
Abstract (English):
The article is devoted to the issues related to the formation of the state probation service in the Republic of Kazakhstan and the legislative regulation of its activities. Possible prospects for the development of this service are outlined, taking into account foreign experience, and some aspects of improving the system of execution of non-custodial sentences are also studied. Probation is presented as criminal supervision (criminal guardianship). Based on the conducted research, the author comes to the conclusion that probation should be understood as a set of measures aimed at social rehabilitation and adaptation, protection of the legal rights and interests of persons who have been prosecuted and found themselves in the current difficult life situation, as well as control and supervision of their behavior. The essence of probation is that, along with serious restrictions on the daily living conditions of the offender, in case of violation of the order and conditions of serving a sentence without deprivation of liberty, probation period of a suspended sentence, they can be replaced by real imprisonment.
The article is devoted to the issues related to the formation of the state probation service in the Republic of Kazakhstan and the legislative regulation of its activities. Possible prospects for the development of this service are outlined, taking into account foreign experience, and some aspects of improving the system of execution of non-custodial sentences are also studied. Probation is presented as criminal supervision (criminal guardianship). Based on the conducted research, the author comes to the conclusion that probation should be understood as a set of measures aimed at social rehabilitation and adaptation, protection of the legal rights and interests of persons who have been prosecuted and found themselves in the current difficult life situation, as well as control and supervision of their behavior. The essence of probation is that, along with serious restrictions on the daily living conditions of the offender, in case of violation of the order and conditions of serving a sentence without deprivation of liberty, probation period of a suspended sentence, they can be replaced by real imprisonment.
Keywords:
probation, probation service, alternative to deprivation of liberty forms of punishment, penitentiary system, penal inspections
probation, probation service, alternative to deprivation of liberty forms of punishment, penitentiary system, penal inspections
1. The concept of the legal policy of the Republic of Kazakhstan for the period from 2010 to 2020, Approved by the Decree of the President of the Republic of Kazakhstan on August 24, 2009 No. 858, viewed 14 October 2021, https://online.zakon.kz/document/?doc_id=30463139#pos=17;-48.
2. The concept of probation in the criminal law of modern foreign countries n.d., viewed 14 October 2021, https://infopedia.su/17x305e.html.
3. On Probation, Law of the Republic of Kazakhstan No. 38-VI adopted on 30.12.2016, viewed 14 October 2021, http://adilet.zan.kz/rus/docs/Z1600000038.
4. Penal Code of the Republic of Kazakhstan adopted on 5.07.2014 No. 234-V ZRK, viewed 14 October 2021, http://adilet.zan.kz/rus/docs/K1400000234.
