SOME PROBLEMS OF CANCELLATION OF A CRIMINAL RECORD IN THE REPUBLIC OF KAZAKHSTAN
Keywords:
previous conviction, criminal record, criminal law, criminal responsibility, punishment, maturity of conviction, ertificate of presence/ absence of criminal recordAbstract
The author considers the problems of the repayment of a criminal recordin accordance with the Code of Criminality of the Republic of Kazakhstan. In particular, in the statute there is clearly defined the definition of the repayment of a criminal record, the definitions of the lawyer scientists, their differences and its history.
The basic issues of the article are quoted by the questions of citizens to Commissioner for Human Rights in the Territorial Administration of the General Prosecutor's Office of the Republic of Kazakhstan. The author answers the those questions by the analysis of the norms of the Criminal code of Republic of Kazakhstan, directed to the regulation of the repayment of a criminal record.
The concept of the legal policy of the Republic of Kazakhstan for the period from 2010 to 2020, approved by the Decree of the President of the Republic of Kazakhstan No. 858 of August 28, 2009, provides for systemic measures aimed at ensuring full state policy in the context of socialization as a full member of society released from prison. And the question of the repayment of a criminal record is of great importance for the use by convicts of the same rights on an equal basis with other persons. In this regard, the issues and solutions to them, mentioned in the article, can be considered as one of the ways to implement the measures mentioned above in the Concept.
For the first time in Soviet criminal law, the norm regarding the terms of repayment of criminal record was introduced by the Resolution of the Central Executive Committee of the USSR of February 25, 1927 "On the change in the basic principles of the criminal legislation of the USSR and the Union republics." This article also analyzes the norms of the Criminal Code of the USSR, the Criminal Code of the Republic of Kazakhstan, 1997, the Cri