25 YEARS WAY OF KAZAKHSTAN CRIMINAL LAW FROM THE INDEPENDENCE TO PRESENT DAYSSOME QUESTIONS OF INTERRACTION OF LEGAL AND THEMATIC (FUNCTIONAL) MONITORING
Keywords:
criminal code, criminal law, criminal law measures, effectiveness of criminal lawAbstract
The article examines the Criminal codes of the Kazakh SSR of 1959 and the Republic of Kazakhstan of 1997 and 2014, carries out their comparative legal analysis.
Basic tasks of the Kazakh SSR Criminal code of 1959 were protection of constitutional order, political and economical systems, properties, persons, right and freedom of citizens, law and order from criminal violations. The Code as a whole preserved the main provisions of the Criminal code of USSR.
The Criminal code of the Republic Kazakhstan of 1997 was amended by 86 laws. About quarter of these laws aimed at improving of the Criminal law, as well as Criminal Procedure and Penal Enforcement codes. Each fifth law made amendments aimed at strengthening of prevention of crime, including organized crime, corruption, terrorism, illegal traffic of drugs.
The Criminal code of the Republic of Kazakhstan of 2014 has preserved a total codification of criminal-legal norms. Its further development will depend on search of rational ways and instruments of confirming the criminal-legal mechanism action in the society. It is proposed to perform the audit of norms in order to determine their necessity in criminal law or opportunity of inclusion them to other branches of law. For measurement of efficiency of criminal-legal norms it is necessary to develop the criteria of their efficiency. Improvement of criminal legislation should be based on scientific research and the international agreements ratified by Kazakhstan.
Passed by the criminal law of 25-year journey confirms once again that development of any branch of law is inextricably linked with events in the state, reflecting specific features of a given historical period in rules. All the periods of development of criminal law coincide with the main phases of development of Kazakhstan and reflect specific features of political and economical content of the main state-legal institutes of 25-year period of State Independence.
