PROPORTIONALITY AND ACHIEVEMENT OF THE GOALS OF CRIMINAL PUNISHMENT: PROBLEMATIC ISSUES AND SOLUTIONS

Abstract

This article examines the problems of proportionality of criminal punishment in the Republic of Kazakhstan, the effectiveness of its application and its compliance with the goals of criminal policy.

If we talk about the relevance of this topic, it should be noted that punishment is one of the key instruments of criminal law aimed at implementing state policy in the field of combating crime and protecting public interests. Modern judicial practice shows that the penalties imposed do not always correspond to the severity of the crime committed, which can lead to unjustified severity or, conversely, excessive leniency of sanctions. This calls into question the achievement of the main goals of punishment – the restoration of social justice, the correction of the convicted person and the prevention of new criminal offenses.

The relevance of the study is also determined by the need to improve criminal legislation, taking into account the principles of fairness and effectiveness. An important aspect is to eliminate the disproportionality of punishments, when different sanctions can be imposed for crimes of similar public danger, which reduces public confidence in the judicial system. In addition, examples of judicial practice are given, showing the shortcomings of the existing system of punishments, as well as the influence of procedural factors on the final punishment.

Special attention is paid to alternative punishments such as restriction of liberty, fines and community service, as well as their impact on the correction of offenders. It is proposed to reform criminal legislation by reducing the gap between minimum and maximum sentences with a narrower range, for example, from 3 to 5 years, from 5 to 7 years, and so on, as well as eliminating restriction of liberty as an alternative to imprisonment for serious crimes.