PROBLEMATIC ASPECTS OF THE APPLICATION OF PAROLE IN THE REPUBLIC OF KAZAKHSTAN

Abstract

The article examines some issues of legal regulation of conditional early release from punishment imposed by a court verdict. The purpose of this work is to analyze the problems associated with the use of the institute of parole, as well as to identify recommendations necessary for improving legislative and law enforcement practice through the study of legislative, scientific and statistical principles. The relevance of the topic is explained by the content and significance for the citizen and society of the object of the institution of criminal law regulation under study. The content of the institute under study consists in the release of an individual from the remaining term of serving a sentence established by a court verdict. The judicial authorities, satisfying the petition of a convicted person for parole, must be sure of his correction and there is no need to fully serve the term of the imposed sentence. The scientific work examines legislative changes and additions in the field of application of parole, as well as analyzes the adopted provisions for application to various categories of citizens. In addition, for effective law enforcement practice of judicial authorities, it is necessary to carefully study the case materials and the personal file of the convicted person with regard to the objectivity and compliance of the presented characteristics with the case materials. The problem of applying different practices by courts in the presence of similar circumstances, characteristics, that is, in the absence of uniformity in the consideration of parole cases, is highlighted. The paper provides examples of making various decisions on the petitions of convicts who submitted materials of a similar format, but on which various decisions were made: satisfied or denied. Therefore, for a deep and objective consideration of the case, the judicial authorities must be given the authority to analyze the validity and legality of the penalties and incentives presented by the correctional institution. In addition, the paper presents a proposal to involve the public and its representatives in order to realize the right of a citizen to parole from further punishment.