EXEMPTION FROM CRIMINAL LIABILITY ON THE GROUNDS ESTABLISHED BY THE CRIMINAL LEGISLATION OF THE REPUBLIC OF KAZAKHSTAN

Abstract

The article considers problematic issues of the institute of exemption from criminal liability in the criminal legislation of the Republic of Kazakhstan. The relevance of the topic of the article significantly increases in the context of the ongoing policy of humanization of criminal legislation.

The Strategy «Kazakhstan – 2050» defines perspective directions for the further progressive development of the country, including in the sphere of enhancing the competitiveness of our legal system. It is noted that along with the further humanization of the criminal policy, «the state must follow the principle of zero tolerance for disorder». Therefore, in order to strengthen the principle of inevitability of statutory liability for the commission of offenses, it is important to correctly apply exceptions to norms that allow releasing from liability the person who committed the criminal offense.

The article indicates the emerging threats of violation of the important principles of criminal law as a result of applying the norms of the Criminal Code of the Republic of Kazakhstan on exemption from criminal liability. One of the main problems, according to the authors, is the overly extended list of grounds for exemption from criminal liability in the current Criminal Code of the Republic of Kazakhstan. In order to substantiate this thesis, a comparative analysis of the legislation of some foreign countries was carried out.

The authors propose to reduce the number of grounds for exemption from criminal liability, excluding from the General Part of the Criminal Code of the Republic of Kazakhstan such types as exemption from criminal liability in case of exceeding the limits of necessary self-defense (Article 66 of the Criminal Code of the RK) and exemption from criminal liability on the basis of an act of amnesty (Article 78 of the Criminal Code of the RK).