RETURNING TO THE SCIENTIFIC PUBLICATION OF K.K. RAKHIMBERDIN, YU.R. GETA «PROBATION IN KAZAKHSTAN: A UNIQUE EXPERIENCE OF FORMATION AND DEVELOPMENT AT THE PRESENT STAGE»

Abstract

Probation is an important component of the organization of freedom, and its effectiveness affects the most important principles of punishment in criminal law. However, the current state of probation in Kazakhstan raises a lot of questions about its application. This issue is especially acute when applying punishment in the form of restriction of freedom. An analysis of criminal law and law enforcement practice has shown some problems with the application of this punishment. One of these problems is the lack of an element of punishment in punishment. The current state of probation creates comfortable conditions for the convict. This situation completely affects the victim, which eventually leads to a lack of public confidence in justice and the law. The article examines individual formulations that, in the author's opinion, have sufficient grounds to exclude punishment in the form of restriction of freedom from the sanctions of these articles.

The problem of the effectiveness of the restriction of freedom provided for in part 1 of Article 106 of the Criminal Code of the Republic of Kazakhstan is presented in the form of colossi with part 1 of Article 44 of the Criminal Code of the Republic of Kazakhstan. In addition, the problem is seen as the inconsistency of the committed act with the established type of punishment. The article provides a scientific justification for the exclusion of restriction of freedom from the sanction of part 1 of Article 106 of the Criminal Code of the Republic of Kazakhstan. The problems of the effectiveness of restrictions on freedom provided for in part 1 of Article 122, part 1 of Article 123, part 1 of Article 308 of the Criminal Code of the Republic of Kazakhstan are also related to the presence of great public danger and the inconsistency of the committed act with the type and severity of punishment. The problem of the effectiveness of restrictions on freedom provided for in parts 1 and 2 of Article 146 of the Criminal Code of the Republic of Kazakhstan also indicates that the punishment does not correspond to the committed act. The article presents a scientific justification for excluding the restriction of freedom from the sanctions of these articles.