The procedure for applying conditional early release from serving a sentence to persons sentenced to life imprisonment under the legislation of the Republic of Kazakhstan

2026

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DOI 10.46914/2959-4197-2026-1-1-138-148
Data confidence 70 medium
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Abstract

The article examines the legal and organizational aspects of applying conditional early release (hereinafterparole) in relation to persons sentenced to life imprisonment in the Republic of Kazakhstan. It is noted that, despite the formal consolidation of this institution in criminal legislation, its practical implementation remains absent, which indicates insufficient normative and procedural clarity of the mechanism for its application. The study analyzes the provisions of criminal and penal enforcement legislation governing conditional early release and identifies problems related to the absence of specific criteria for assessing the rehabilitation of this category of convicted persons. The importance of considering psychological and social characteristics of the individual in judicial decision-making is substantiated, as well as the expediency of using criminal-psychological analysis as an assessment tool. Special attention is paid to issues of post-penitentiary control, including administrative supervision and the role of probation authorities after release. The necessity of improving the legal regulation of conditional early release is argued with regard to the principles of individualization of punishment, resocialization, and public safety. The scientific novelty of the study lies in developing a comprehensive approach to assessing the possibility of conditional early release for life-sentenced prisoners based on the integrated consideration of legal, psychological, and institutional factors.