THE PROBLEM ASPECTS OF ORDER AND CONDITIONS OF DETENTION OF PERSONS IN SPECIAL ESTABLISHMENTS PROVIDING TIME INSULATION FROM THE COMPANY (THE MONITORING OF LEGISLATION)
Keywords:
remand center, temporary detention center, place of reception, detentionAbstract
This article gives a detailed analysis (monitoring) of the Law of the Republic of Kazakhstan "On the procedure and conditions of detention of persons in special institutions providing temporary isolation from society", which was adopted back in 1999 and, it should be noted, some provisions of which, at present , have a non-uniform legal nature.
The Concept of Legal Policy of the Republic of Kazakhstan for the period from 2010 to 2020 postulated that in order to minimize the involvement of citizens in the sphere of criminal justice the economy of measures of criminal repression is necessary to create conditions for wider application measures not related to isolation from society.. In this regard, the law and jurisprudence should adopt approaches in which the choice of type and measures of criminal law influence would be based, first of all, on the consideration of data on the most probable effectiveness for the individual.
Given that deprivation of liberty is still the main form of criminal punishment, it is necessary to take measures that increase the educational component of deprivation of liberty, in which the component of punishment still predominates. In particular, it is necessary to further develop the content, forms and methods of corrective-educational influence on convicted persons on the basis of the principle of individualization of the execution of punishment.
The solution of problems of employment of the convicted persons to deprivation of freedom by attraction of them to socially useful work and/or training, social programs of resocialization, including anti-drug, antialcoholic content or other forms of social-active activity.
At the same time, it is important for places of deprivation of liberty to ensure the security of the person, respect for the rights and legitimate interests of persons serving this type of punishment. Among the most promising areas in this area is a gradual transition to the chamber order of detention, in which the convicted person, having the possibility of movement and interpersonal communication within the institution during the day, would be isolated at night in a separate room.