ON THE ISSUE OF COLLEGIAL CONSIDERATION OF CASES ON THE APPLICATION OF PAROLE

Abstract

According to paragraph 18 of the Action Plan in the field of human Rights and the Rule of Law for 2025, the task has been set to develop a pilot project for the transfer of jury trials and cases on the application of parole. In this article, a mechanism for granting parole makes to convicts an attempt to expediently create. Professional lawyers who in practice deal with cases regarding the application of parole gives the opinions. They support this idea or consider it costly and inconvenient. To clarify the need to implement the above task, the provisions of national legislation and the law enforcement activities of courts in Kazakhstan on the application of parole are being investigated. The article provides statistical data on the number of applications submitted to the court for consideration by convicts, including those that have been satisfied over the past three years. The grounds on which the court decides to grant parole are considered. Using the example of materials from judicial practice the court issues a decision on the satisfaction of the petition or refusal, analyzis the question is ed regarding the grounds. These decisions draw attention to the problem of an objective assessment of materials for compliance with the grounds on which the convicted person is entitled to parole. In this regard, the authors present the empirical experience of some foreign countries that apply specific criteria to resolve the issue of the release of convicts on parole. The peculiarity of the choice of these countries is that they have a long-term practice of applying these grounds, which ensures respect for human rights. Based on the experience of these countries, the authors made an attempt to define such criteria in relation to Kazakhstan. In addition, the decisions made on the cases under study reflect on the authority of the judiciary. The judge alone examines the circumstances of the case, the materials and makes a decision based on the law and internal beliefs. Therefore, the authors raise the issue of collegial proceedings. Interestingly, there is such an experience in the international community, so in the article the authors come to the conclusion about the importance of making such a decision, where not one judge, but several people study the materials and are responsible for the decision.