{"title":"哈萨克斯坦共和国申请假释的具体问题:理论与实践","authors":"Sandugash Nuridin","doi":"10.17150/2500-4255.2023.17(2).193-205","DOIUrl":null,"url":null,"abstract":"The questions of the theory and practice of applying release on parole or non-application of certain types of punishment to some categories of persons are widely discussed in research publications both in Kazakhstan and abroad. However, an analysis of amendments introduced in Kazakh normative legal acts concerning release on parole (criminal, criminal procedure, penitentiary legislation, normative decrees of the Supreme Court of the Republic of Kazakhstan) reveals some discrepancies that should be corrected. The practice of applying release on parole shows that certain issues require additional legislative regulation with the purpose of eliminating any doubts about the interpretation of the law, which determines the relevance of their research. Frequent changes in legislation cause difficulties for the correct application of these normative legal acts by courts, for example, those connected with the revocation of parole, or annulment of the request for parole, which is what most often happens in practice. The abovementioned legal acts and research publications are used to conduct an analysis of the conditions for the revocation of parole, and then propose changes in Part 7 of Art 72 of the Criminal Code of the Republic of Kazakhstan. It is mentioned that the practice of using preventative measures by state, law enforcement bodies and non-governmental organizations is not always effective enough. Due to this, legislation should provide for the measures of its improvement, and a large-scale comprehensive plan for the re-integration of persons released on parole into all spheres of social life should be developed. The author also concludes that it is necessary to introduce certain amendments into the Rules of Monitoring the Behavior of Persons Released on Parole, which will reduce paperwork for the district police inspectors and probation officers.","PeriodicalId":43975,"journal":{"name":"Russian Journal of Criminology","volume":"180 1","pages":"0"},"PeriodicalIF":0.1000,"publicationDate":"2023-05-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"Specific Issues in of Applying Release on Parole in the Republic of Kazakhstan: Theory and Practice\",\"authors\":\"Sandugash Nuridin\",\"doi\":\"10.17150/2500-4255.2023.17(2).193-205\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"The questions of the theory and practice of applying release on parole or non-application of certain types of punishment to some categories of persons are widely discussed in research publications both in Kazakhstan and abroad. However, an analysis of amendments introduced in Kazakh normative legal acts concerning release on parole (criminal, criminal procedure, penitentiary legislation, normative decrees of the Supreme Court of the Republic of Kazakhstan) reveals some discrepancies that should be corrected. The practice of applying release on parole shows that certain issues require additional legislative regulation with the purpose of eliminating any doubts about the interpretation of the law, which determines the relevance of their research. Frequent changes in legislation cause difficulties for the correct application of these normative legal acts by courts, for example, those connected with the revocation of parole, or annulment of the request for parole, which is what most often happens in practice. The abovementioned legal acts and research publications are used to conduct an analysis of the conditions for the revocation of parole, and then propose changes in Part 7 of Art 72 of the Criminal Code of the Republic of Kazakhstan. It is mentioned that the practice of using preventative measures by state, law enforcement bodies and non-governmental organizations is not always effective enough. Due to this, legislation should provide for the measures of its improvement, and a large-scale comprehensive plan for the re-integration of persons released on parole into all spheres of social life should be developed. The author also concludes that it is necessary to introduce certain amendments into the Rules of Monitoring the Behavior of Persons Released on Parole, which will reduce paperwork for the district police inspectors and probation officers.\",\"PeriodicalId\":43975,\"journal\":{\"name\":\"Russian Journal of Criminology\",\"volume\":\"180 1\",\"pages\":\"0\"},\"PeriodicalIF\":0.1000,\"publicationDate\":\"2023-05-26\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Russian Journal of Criminology\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.17150/2500-4255.2023.17(2).193-205\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q4\",\"JCRName\":\"CRIMINOLOGY & PENOLOGY\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Russian Journal of Criminology","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.17150/2500-4255.2023.17(2).193-205","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q4","JCRName":"CRIMINOLOGY & PENOLOGY","Score":null,"Total":0}
Specific Issues in of Applying Release on Parole in the Republic of Kazakhstan: Theory and Practice
The questions of the theory and practice of applying release on parole or non-application of certain types of punishment to some categories of persons are widely discussed in research publications both in Kazakhstan and abroad. However, an analysis of amendments introduced in Kazakh normative legal acts concerning release on parole (criminal, criminal procedure, penitentiary legislation, normative decrees of the Supreme Court of the Republic of Kazakhstan) reveals some discrepancies that should be corrected. The practice of applying release on parole shows that certain issues require additional legislative regulation with the purpose of eliminating any doubts about the interpretation of the law, which determines the relevance of their research. Frequent changes in legislation cause difficulties for the correct application of these normative legal acts by courts, for example, those connected with the revocation of parole, or annulment of the request for parole, which is what most often happens in practice. The abovementioned legal acts and research publications are used to conduct an analysis of the conditions for the revocation of parole, and then propose changes in Part 7 of Art 72 of the Criminal Code of the Republic of Kazakhstan. It is mentioned that the practice of using preventative measures by state, law enforcement bodies and non-governmental organizations is not always effective enough. Due to this, legislation should provide for the measures of its improvement, and a large-scale comprehensive plan for the re-integration of persons released on parole into all spheres of social life should be developed. The author also concludes that it is necessary to introduce certain amendments into the Rules of Monitoring the Behavior of Persons Released on Parole, which will reduce paperwork for the district police inspectors and probation officers.
期刊介绍:
Current stage of law development is defined by novelty in all life spheres of Russian society. The anticipated renovation of legal system is determined by international life globalization. The globalization provides both positive and negative trends. Negative trends include increase in crime internationally, transnationally and nationally. Actualization of international, transnational and national crime counteraction issue defines the role and importance of «Russian Journal of Criminology» publication. Society, scientists, law-enforcement system officers, public servants and those concerned about international rule declared individual legal rights and interests’ enforcement take a tender interest in crime counteraction issue. The abovementioned trends in the Russian Federation legal system development initiate a mission of finding a real mechanism of crime counteraction and legal protection of human rights. Scientists and practicians’ interaction will certainly contribute to objective achievement. Therefore, «Russian Journal of Criminology» publication is aimed at criminology science knowledge application to complete analysis and practical, organizational, legal and informational strategies development. The activity of «Russian Journal of Criminology» that involves exchange of scientific theoretical and practical recommendations on crime counteraction between Russian and foreign legal sciences representatives will help concentrating the efforts and coordinating the actions domestically and internationally. Due to the high social importance of «Russian Journal of Criminology» role in solving theoretical and practical problems of crime counteraction, the Editorial Board is comprised of Russian and foreign leading scientists whose works are the basis for criminological science.