ON SOME PROBLEMS OF PUNISHMENT REGULATION OF THE CRIMINAL CODE OF THE REPUBLIC OF KAZAKHSTAN

Abstract

This article considers some problems of the current Criminal Code of the Republic of Kazakhstan in the part regulating punishment. The practice of imposing punishment by the courts of the Republic of Kazakhstan was analyzed, on the basis of which concrete conclusions were drawn. The article is aimed at improving both the system (Article 40 of the Criminal Code) and certain types of punishment. At the same time, the article does not set the task of identifying the concrete and most optimal type of punishment, but it is concluded that there is a need to further expand the scope of the use of punishments that are not related to deprivation of liberty.

The existence of collisions and gaps in the norms of the Criminal Code governing the system and types of criminal punishment, reduce their effectiveness, consequently, the objectives of punishment cannot be achieved.

The adoption of the new Criminal Code in 2014 had a positive effect on the overall structure of the penalties imposed by the courts in 2015-2016. In particular, imposition of fines significantly increased. However, this was mainly achieved by reviewing the sanctions of the articles of the Criminal Code with the inclusion in them of fine as an alternative punishment.

The article proposes to refer fine to mixed types of punishment, as it was envisaged in the Criminal Code of the Republic of Kazakhstan in 1997. In addition, in order to eliminate the existing legal gap, it is proposed to distinguish two separate types of punishment: deprivation of liberty for a certain period and life imprisonment. It is also advisable to exclude the institution of conditional conviction from the Criminal Code by combining it with the existing penalty in the form of restriction on freedom.