Legal regulation of parole and early release in the Republic of Kazakhstan: status, problems, prospects

A. A. Bekbauova

2025

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DOI 10.46914/2959-4197-2024-1-1-49-57
Data confidence 70 medium
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Abstract

The article is devoted to the analysis of the content and significance of the institution of conditional early release from serving a criminal sentence imposed by a judicial authority. The paper focuses on the existing disagreements among scientists regarding the goals and objectives pursued by this institute. An important aspect is the need to integrate international universal standards into the field of penal enforcement legislation, including issues related to the password of convicts. The regulations formulate requirements concerning the preparation of persons released on parole for their social adaptation, as well as taking into account individual characteristics and the nature of the committed criminal offense when establishing probation supervision. The conditions under which it is possible to revoke password and other related aspects are also being considered. Within the framework of this study, an analysis of the key principles and criteria determining the expediency of applying the mechanism of password is carried out. In addition, the restrictions related to its use and the consequences of canceling this exemption are discussed, taking into account the obligations imposed on the person who was granted such an exemption. Among the last issues, controversial aspects stand out, in particular, concerning the commission of two or more administrative offenses by a person. It is indicated that conditional early release may be revoked in the case of a homogeneous administrative offense similar to a previously committed criminal offense. To substantiate the identified inconsistencies in criminal legislation, the international documents of the Council of Europe are analyzed, which, although they are advisory in nature, represent international standards in the field of protecting human rights and legitimate interests. In addition, this paper examines the practice of applying legislation by judicial authorities when considering applications for parole, as well as the legislative specifics of regulating public relations in this area in developed countries.