ADMINISTRATIVE SUPERVISION OF PERSONS COMMITTING TERRORIST AND EXTREMIST CRIMES UNDER THE LAW OF THE REPUBLIC OF KAZAKHSTAN: SOME ASPECTS OF LEGAL REGULATION
DOI:
https://doi.org/10.52026/2788-5291_2021_67_4_61Keywords:
administrative supervision, Kazakhstan, prevention, punishment, criminal law, convicts, release from places of imprisonment, restrictions, internal affairs bodies, terrorism, extremismAbstract
The article offered to the readers is devoted to certain aspects of the legal regulation of administrative supervision of convicts who have served a sentence of imprisonment for crimes of terrorist and extremist orientation on the basis of using the tools of the legislation of the Republic of Kazakhstan. This problem, in the context of post-criminal control, is touched upon in UN international standards and legislative acts of the Republic of Kazakhstan. The article notes the close connection of administrative supervision measures with the prevention of extremist and terrorist crime and, on the basis of conceptual approaches that have developed in legal science, reveals the essence of administrative supervision as a special form of postcriminal control in relation to persons who have served sentences for crimes of terrorist and extremist orientation and remain at high risk. recurrent crimes. The article, based on the use of the methodological approach of criminopenological science, undertakes a detailed doctrinal and legal analysis of the provisions of the Law of the Republic of Kazakhstan "On Administrative Supervision of Persons Released from Places of Deprivation of Liberty" in terms of its principles, determining the content of administrative supervision, legal restrictions imposed on convicts, their legal status, algorithm for the implementation of administrative supervision. The article notes that the undoubted merit of the legislative regulation of administrative supervision in Kazakhstan does not exclude its shortcomings. These shortcomings, in particular, are due to the incomplete consideration of the criminological characteristics of the personality of convicted extremists and terrorists when constructing legal restrictions imposed on them. The lack of a list of measures for the resocialization of convicts, the failure of the legislator to use the tools of judicial and public control to increase the efficiency of administrative supervision.
In this regard, the article contains original author's proposals on improving the legal regulation of administrative supervision in Kazakhstan, clarifying its legal features and improving the implementation mechanism, which deserves the attention of the legislator and law enforcement practice. The available conclusions and proposals of the article are useful for the development of domestic law, criminology and tortology in the aspect of preventing terrorist and extremist crime.