COMPARATIVE ANALYSIS OF THE INSTITUTION OF PAROLE AND SERVING OF THE SENTENCE ENVISAGED IN THE CRIMINAL LEGISLATION OF THE REPUBLIC OF KAZAKHSTAN AND FOREIGN COUNTRIES

Abstract

The article is devoted to one of the urgent and complex problems of criminal law - the investigation of the issue of parole from serving a sentence and has a very important theoretical and practical significance. The institution of conditional early release from serving punishment is widely used in the practice of foreign countries, including in the CIS countries, which gives grounds for assuming its general features. At the same time, the procedure for the application and cancellation of conditional early release from serving a sentence is significantly different in the criminal legislation of various states. All this led to the need for a comparative legal study of the institution of parole on punishment and comparison of the relevant provisions of the Criminal Code of a number of foreign countries. In the course of the study, the similarities and differences of this legal institute were revealed. Proposals are made to improve the effectiveness of its application in law enforcement practice.

The author, in the course of the research revealed that in most of the CIS countries the institution of conditional early release from serving punishment received a corresponding fixation, but has certain characteristics. Thus, the institution of conditional early release from serving a sentence differs by the terms, after the departure of which it is possible to use it, there is also a difference in the category of convicts for whom it is impossible to apply this institution (Belarus, Kazakhstan, Kyrgyzstan). The requirement contained in the Criminal Code of the Republic of Belarus on the proof of the correction is also of interest.

The authors propose the author's position in resolving problems on the topic under study, in particular, on the appropriateness of fixing the degree of correction and their criteria, which would allow applying a systematic approach for determining the degree of "correction of the convict" by courts, as well as introducing such an additional criterion as the attitude of the convicted person to the one committed by him wrongful act.