THE INSTITUTION OF ARREST AS A PUNISHMENT IN THE LEGISLATION OF THE REPUBLIC OF KAZAKHSTAN: COLLISIONS, PROBLEMS, AND APPLICATION PROSPECTS

Abstract

 The article examines doctrinal, legal, and practical issues related to the application of the punishment of arrest provided for in the criminal legislation of the Republic of Kazakhstan. The content of this punishment is analyzed, and its comparison is made with a similar criminal punishment in the Russian Federation. The author notes that in Russian criminal legislation, the purpose of arrest and its content as a type of criminal punishment appears stricter and more repressive than in Kazakhstan. The practice of arrest in Kazakhstan is discussed and summarized, highlighting practical problems that create obstacles to the actual execution of the punishment in the form of arrest. The author convincingly argues the discrepancy in the essence of arrest with the recommendations of UN international legal instruments, with the requirements of educational and rehabilitative impact of punishment contained in legal doctrine and in the criminal-executive legislation of the Republic of Kazakhstan. Theses are substantiated on the controversial and often unrealistic achievement of punishment goals in the conditions of arrest and its disproportionate severity, contradicting the principles of humanism and justice. The article concludes about the inexpediency of retaining arrest in the system of punishments in the Republic of Kazakhstan and the possibility of its application only to military personnel. The author rightfully believes that rejecting arrest as a form of punishment would signify a more realistic approach to criminal policy and its adherence to the "spirit" and "letter" of the recommendations of international legal acts of the United Nations. It is proposed to redirect the financial resources planned for the construction of detention centers towards solving a complex of tasks related to the social reintegration and rehabilitation of convicts, as well as creating conditions for the effective operation of penitentiary and post-penitentiary probation in Kazakhstan.