IMPROVEMENT OF DOMESTIC CRIMINAL LEGISLATION ON RESPONSIBILITY FOR MURDERING IN THE SYSTEM OF OFFENSES AGAINST HUMAN PERSONALITY

Authors

  • Ismagulov Kairat Eslyamkalievich Ismagulov
  • Aigul Kuanyshevna Kurmanova
  • Botagoz Atymtaevna Amanzholova

Keywords:

criminal law, protection of rights, ; protection of interests, personality, Criminal Code, criminal liability, murder, human trafficking, slave labor

Abstract

In this article, the authors considered some issues of improving the criminal legislation of the Republic of Kazakhstan in the field of protecting the rights and interests of the individual. It is proposed to revise the structure of the Criminal Code of the Republic of Kazakhstan, where the focus on putting an encroachment on the life of not one individual, but many, as well as on public and national security, peace and security of mankind. Priority should be given to safeguarding the peace and security of mankind, the basics of national and public security, and then protecting the life and security of the individual. It is proposed to establish the most severe criminal liability for especially qualified types of criminal offenses, the commission of which is accompanied by murder.

It is proposed not to specify such a qualifying sign of murder under aggravating circumstances as «murder associated with… robbery or extortion», but to indicate in the composition of extortion such qualifying sign as «extortion if this act was accompanied by murder».

To strengthen national security and protect the rights and interests of the individual, the article «Trafficking in human beings» was included in the Criminal Code of the Republic of Kazakhstan (Article 128). It establishes criminal liability for the exploitation of man, namely in the first part of Article 128, but at the same time, it is proposed to supplement the Criminal Code of the Republic of Kazakhstan with Article 128-1 «Use of Slave Labor».

 

Published

30.09.2019

How to Cite

Ismagulov , I. K. E., Kurmanova, . A. K., & Amanzholova , B. A. (2019). IMPROVEMENT OF DOMESTIC CRIMINAL LEGISLATION ON RESPONSIBILITY FOR MURDERING IN THE SYSTEM OF OFFENSES AGAINST HUMAN PERSONALITY. Scientific and Legal Journal «Bulletin of the Institute of Legislation and Legal Information of the Republic of Kazakhstan», 3(57). Retrieved from https://vestnik.zqai.kz/index.php/vestnik/article/view/261