PROBATION IN KAZAKHSTAN: UNIQUE EXPERIENCE OF FORMATION AND DEVELOPMENT AT THE PRESENT STAGE
DOI:
https://doi.org/10.52026/1994-408X_2020_62_4_91Keywords:
probation, penal enforcement policy, criminal law, state, crime, civil society, punishment, Kazakhstan, resocializationAbstract
The article discusses the doctrinal prerequisites, historical features and some aspects of the genesis and current state of the probation institution in the Republic of Kazakhstan, which has received international recognition of the alternative to punishment in the form of imprisonment.
The article notes that even in the first half of the twentieth century in the United States, probation was seen as an effective “substitute” for imprisonment. The purpose of the preparation of this article is the scientific, theoretical and legal analysis of probation in the context of the unique experience of its formation and development in the national legislation of the Republic of Kazakhstan. The authors of the article draw attention to the doctrinal prerequisites for the occurrence of probation as a phenomenon of the legislation and criminal policy of the Republic of Kazakhstan.
The article reveals the dominant development of probation in world practice as the most important method of resocialization of offenders. The probation institute and its individual features are revealed through the prism of the provisions of the Law of the Republic of Kazakhstan “On probation, positive aspects and deficiencies in the regulation of probation control at the level of this law are shown.
Authors' judgments are supported by statistical data illustrating the dynamics of the use of probation in recent years and its leading role in the system of criminal law influence on crime.
The article contains reasoned conclusions about the need to further improve the legal regulation of probation based on the recommendations of UN international legal instruments, doctrinal provisions and the existing legal experience of Kazakhstan, which is unique in the Central Asian region.