A NEW CONCEPT OF BUILDING SANCTIONS OF THE NORMS OF CRIMINAL LEGISLATION, IN THE CONDITIONS OF DIGITAL TECHNOLOGIES

Authors

  • Yergazy Erdenovich Kazhenov Law Enforcement Academy
  • Assel Serikpaevna Kazhenova Turan-Astana University
  • Ritta Anatolevna Barsukova Turan-Astana University

DOI:

https://doi.org/10.52026/2788-5291_2023_74_3_151

Keywords:

punishment, sanction, construction of norms, types of punishment, deprivation of liberty, basic punishments, additional punishments, amount of punishments

Abstract

The legislative consolidation of criminality and the punishability of an act is the main element of the crime prevention system. The world is changing, changes are taking place in all sectors of public life – politics, economics, including in the field of crime. This dictates the need for continuous improvement of the norms of criminal legislation. The proposed changes relate to the construction of the article sanction.

Two models are proposed: the first is to transfer all types of punishment to the relevant articles providing for types of punishment (from the norms of the Special Part to the General Part of the Criminal Code) and the second is to fix a separate norm in each chapter of the special part with an indication of the type and amount of punishment.

For the application of additional punishments, regardless of the choice of the above proposed models, to provide in each chapter of the Special Part an article indicating the norms according to which the courts are obliged or may impose additional punishments.

Such an approach will allow the courts to impose uniform and fair punishments, helps to minimize corruption manifestations on the part of all participants in the criminal process, will strengthen people's faith in justice, which will have a positive impact on the activities of the justice authorities.

Given the dynamics of the introduction of digital technologies at the present stage of human development, the changes proposed in the article to the criminal legislation of the Republic of Kazakhstan will simplify and more effectively introduce the process of digitalization of criminal legislation. That is, they will simplify the process of qualification of criminal offenses, the choice of the required type and amount of punishment, etc. Especially when using computer programs with «artificial intelligence» planned for implementation or implemented in certain foreign countries.

Author Biographies

Yergazy Erdenovich Kazhenov, Law Enforcement Academy

Associate Professor of the Department of Special Legal Disciplines

Assel Serikpaevna Kazhenova, Turan-Astana University

Associate Professor of the Department of National and International Law

Ritta Anatolevna Barsukova, Turan-Astana University

Head of the Department of National and International Law

Published

27.09.2023

How to Cite

Kazhenov Е. Е., Kazhenova А. С., & Barsukova Р. А. (2023). A NEW CONCEPT OF BUILDING SANCTIONS OF THE NORMS OF CRIMINAL LEGISLATION, IN THE CONDITIONS OF DIGITAL TECHNOLOGIES. Scientific and Legal Journal «Bulletin of the Institute of Legislation and Legal Information of the Republic of Kazakhstan», 3(74). https://doi.org/10.52026/2788-5291_2023_74_3_151