MONITORING OF THE LEGISLATION OF THE REPUBLIC OF KAZAKHSTAN ON THE LEGAL NATURE OF COMPULSORY EDUCATIONAL MEASURES

Abstract

The subject of the study is questions about the legal nature of compulsory educational measures applied to persons under the age of 18 as a special category involved in the orbit of criminal justice.

Compulsory measures of educational influence are an important tool for countering juvenile delinquency, which, in addition to punishment, allows a fair and humane response to a criminal offense or crime committed, without breaking socially useful ties of a minor and other members of society (relatives, relatives, friends, teachers, etc.). The criminal law norms regarding these measures seem to be imperfect, the legislator did not pay enough attention to them, giving them a secondary character in comparison with the institution of punishment.

The purpose of the article is to present the author's position on the need for a legislative definition of the concept of «coercive measures of educational influence» and their goals in the criminal law. The result of the analysis is the conclusion that the criminal law of the Republic of Kazakhstan does not specifically define the institutional affiliation of compulsory educational measures, there is no normative definition of them, their goals are not defined. This has a negative impact on legal research in this area, complicates the practice of applying criminal law norms in relation to minors who have committed criminal acts. The establishment in the Criminal Code of the Republic of Kazakhstan of clear criteria for distinguishing compulsory measures of educational influence from institutions of exemption from criminal liability and punishment, incentive norms, fixing the concept of these measures is important for the practice of applying criminal legislation (the Criminal Code of the Republic and regulatory decisions of the Supreme Court of the Republic of Kazakhstan), as well as the doctrine of criminal law.