ANALYSIS OF THE LIST OF CRIMINAL-CORRUPTION PRIZES IN THE REPUBLIC OF KAZAKHSTAN REGULATION OF THE CORRUPTION PRIZES IN KAZAKHSTAN

Authors

  • A.T. Karipova
  • T.G. Makhanov

Keywords:

sanction, norm, fine, imprisonment, multiplicity, limits, principle of justice, corruption offense, criminal code, punishment

Abstract

In this article, the authors presented an analysis of alternative sanctions established for corruption offenses under the criminal law of the Republic of Kazakhstan. The definition and deletion of sanctions from the standpoint of various scientists, both domestic and foreign, are considered. The study of sanctions for corruption criminal offenses revealed the problems of the disproportionate ratio of 1 year of imprisonment to a multiple fine. The imbalance ranged from 2.8 to 10, which indicates the absence of any legislative framework and systematicity for the formulation of rules for finding the specified equivalent proportion. The authors conducted a comparative analysis of the criminal law of countries such as Germany, Spain, Moldova, Estonia, where the punishment is similarly replaced by imprisonment in cases of malicious evasion of a fine. In addition, the authors in the sanctions of individual 9 articles revealed a deviation of the average sentence of imprisonment for the specified period in other articles. At the same time, the maximum deviation of the average sentence from the lower limit of the sanction was from -2 to -3.8 years. The authors noted the need to ensure the principle of imposing fair punishment, which is difficult if there is no systematic nature of their regulation in the sanctions of the articles. Based on the results of the analysis, the authors proposed making additions to the editorial office of part 3 of article 40 of the Criminal Code of the Republic of Kazakhstan on introducing an additional type of punishment – «multiple fines», reviewing the limits of sanctions for corruption crimes from the point of view of the conditionality and validity of the established types of punishments and their borders.

Published

30.09.2019

How to Cite

Karipova . А. Т., & Makhanov Т. Г. (2019). ANALYSIS OF THE LIST OF CRIMINAL-CORRUPTION PRIZES IN THE REPUBLIC OF KAZAKHSTAN REGULATION OF THE CORRUPTION PRIZES IN KAZAKHSTAN. 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/262