Kadyrbayeva A. — student of Aktobe Regional State University named after K.Zhubanov;
Scientific adviser — associate professor of law of Aktobe Regional State University named after
K.Zhubanov Isibayeva E.
HUMANIZATION OF THE CRIMINAL POLICIES IN THE REPUBLIC KAZAKHSTAN
Humanization of criminal policy in the Republic of Kazakhstan at the present stage, trends and
trends in the development of modern criminal policy, as well as issues of improving criminal legislation
in general.
Criminal policy is the state's activity to protect citizens and society against criminal encroachments
and crimes in general. The content of the criminal policy is the development of goals and objectives, as
well as the development of tools and methods to combat crime.
Criminal policy is understood in three ways:
- State activit, expressed in normative acts, defining goals, objectives and principles of combating
crime.
- A special kind of practical state activity aimed at realizing the goals, objectives and principles of
combating crime.
- The scientific theory of strategy and tactics of combating crime.
The system of criminal penalties in the current Criminal Code of the Republic of Kazakhstan has
not fully justified itself. It is necessary to expand the scope of application of criminal penalties that are
not related to deprivation of liberty, including the exclusion of punishments in the form of deprivation
of liberty from individual sanctions or the reduction of maximum periods of deprivation of liberty; the
definition of a fine as one of the effective types of criminal penalties and the possibility of expanding its
application; establishing the proportionality of punishments in the sanctions of articles of the Criminal
Code, classified in one category of severity, and their conformity to the principle of justice of punish-
ment, the introduction of alternative measures of state coercion for criminal punishment; continuation
of the course on gradual narrowing of the sphere of application of the death penalty; improvement of
the institutes of liberation from criminal responsibility, serving a sentence, parole from serving a sen-
tence. The adoption of this concept and its implementation will make it possible to formulate and legis-
latively formalize the criminal legal policy of the Republic of Kazakhstan on improving the criminal
legislation of the Republic of Kazakhstan, which will have a positive effect on the effectiveness of
combating crime
1
.
The improvement of criminal legislation should be directed, first of all, to humanization, criminali-
zation (decriminalization) of acts. Humanization should concern mainly those who first committed
crimes of small and medium gravity, as well as social vulnerable groups-pregnant and single women,
dependent children of minor age. Together with this, it is necessary to pursue a strict criminal policy in
respect of persons who have committed serious and particularly serious crimes. The structure of the
whole system of punishments is reflected in the implementation of the principles of individualizing
punishment, saving the measures of criminal repression
2
.
The current criminal policy of the state is aimed at:
1) further decriminalization of offenses that do not pose a major public danger, transferring them to
the category of administrative offenses and increasing administrative responsibility for their commis-
sion, as well as reassessing the severity of individual crimes by mitigating punishment (depenalization);
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2) strengthening of criminal liability and punishment for crimes of great public danger by estab-
lishing more strict ones for corruption, economic, environmental and some crimes, as well as crimes
that infringe on minors, their rights and legitimate interests, for crimes committed as part of an orga-
nized criminal group or the criminal community, with the recurrence of crimes with the transfer of them
to the category of more serious crimes.
Therefore, I believe that one of the goals of the criminal policy is to mitigate the responsibility for
less dangerous crimes, which will lead to a significant reduction in the number of persons serving a sen-
tence of imprisonment. An important direction of the criminal policy is the expansion of the scope of
application of the institution of exemption from criminal responsibility in connection with reconcilia-
tion with the victim, which assumes full compensation for damage caused to the victim as a result of
the crime committed
3
.
Today, the concept of the legal policy of the Republic of Kazakhstan for the period from 2010 to
2020, suggests that in order to minimize the involvement of citizens in the sphere of criminal justice, to
save measures of criminal repression, it is necessary to create conditions for wider application of crimi-
nal law measures not related to isolation from society, and for more active application by courts of
measures alternative to deprivation of liberty, it is necessary to achieve an increase in the effectiveness
of their implementation, which requires the institutional development of a specialized body, the answer
vennogo for the execution of such measures.
To fulfill this document, the chairman of the Criminal Justice Correctional System Committee of
the Ministry of Justice, M. Ayubayev, stated that the allocation of an additional number of staff in-
volved in convicts whose punishment is not related to deprivation of liberty is the first step towards
creating a probation service in the Republic of Kazakhstan
4
. I note that a significant place in the Crimi-
nal Code of the Republic of Kazakhstan is given a fine as the main form of punishment. By means of
expanding the sphere of material punishments as punitive element of punishment as an alternative to
imprisonment, the legislator chose a wider use of fine. The size of the fine in some articles of the Crim-
inal Code is understated, therefore, it is necessary to increase the upper limit of the penalty amount as
the main punishment. Thus, the improvement of criminal legislation with regard to the elimination of
contradictions between the norms of the Criminal Code, the inconsistency of the norms of the Criminal
Code with other normative legal acts, the inconsistency and internal contradictoriness of certain norms
of criminal legislation with each other, the discrepancy between the content of certain norms of the
Criminal Code and the texts of other normative legal acts is a negative phenomenon legal reality.
At present, there are inconsistencies in certain provisions of the Criminal Code between them-
selves and with the acts adopted in subsequent years. Therefore, it is necessary to eliminate gaps and
editorial shortcomings in the formulation of criminal law and other norms used in the application of
criminal law. The inconsistencies in the content of certain provisions of the Criminal Code with the
norms of other normative legal acts lead to negative consequences. Sometimes used in the UK vague
language, which generates errors in law enforcement practice.
The norms of the Criminal Code of the Republic of Kazakhstan must be formulated with the nec-
essary degree of clarity and are based on understandable aspects that make it possible to distinguish
clearly the lawful behavior from the unlawful, excluding the possibility of accidental interpretation of
the provisions of the law. Uncertain wording applied in certain norms of the Criminal Code, inaccessi-
bility of the official interpretation of their content allows the law enforcer to arbitrarily interpret the
law, and this contributes to the commission of corruption atrocities
5
.
In the Message of the President of the Republic of Kazakhstan N.Nazarbayev, "Strategy" Kazakh-
stan - 2050 "was especially noted about the need to take systemic measures to increase the competitive-
ness of the national legal system in all its basic branches, both public and private law, and in the field of
criminal policy - for further humanization, including the decriminalization of economic offenses, the
improvement of anti-corruption legislation. It should be noted that it is still impossible to agree with the
opinion of some scholars and judges who believe that there is no real alternative to deprivation of liber-
ty. The frequent use of deprivation of liberty does not contribute to the effectiveness of criminal pun-
ishment. Deprivation of liberty can not be considered as the only criminal punishment capable of hav-
ing a tangible impact on the state of crime. The imposition of a sentence in the form of deprivation of
liberty has a negative rather than a positive effect on persons who have committed crimes of small and
medium gravity. In general, it can not be said that the effectiveness of criminal punishment is achieved
by its severity. The effectiveness of the entire penal correction system will be achieved on the condition
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that each person possessing the characteristics of a crime subject who committed a criminal act will be
prosecuted and will bear a commensurate punishment for his deed. Only in this case can we speak
about the effectiveness and effectiveness of criminal punishment
6
.
Thus, the key results of the implementation of the Concept were a significant update of the leading
sectors of the economy of state legislation (constitutional, administrative, civil, banking, tax, monetary,
customs, environmental, criminal, criminal procedure, and enforcement) and the orientation of criminal
law the subsequent democratization of higher educational institutions of the Republic of Kazakhstan
and society. All these systemic conclusions, which had a constitutional recognition, should be embod-
ied in the current legislation of the Republic of Kazakhstan.
1
Zhandagulova G. "In Kazakhstan, in 2011 decriminalization of articles of the Criminal Code of the Republic of Ka-
zakhstan will be conducted, which will allow about 12,000 citizens not to lose their freedom".
2
Internet resource : /republika kz /
3
Sm: Kazakhstan's truth from September 7, 2010.P: З.
4
Decree of the President of the Republic of Kazakhstan dated August 24 "On the Concept of Legal Policy of the Repub-
lic of Kazakhstan for the period from 2010 to 2020" // Kazakhstan's truth. -2009, August 27th.
5
Internet resource: // nomad su.
6
Internet resourse :// http://magnolia.kz/ksvedeniyu/21218-gumanizaciya-ugolovnogo-zakonodatelstva.html.
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