Comparative analysis of the criminal law institution “Expulsion from the Republic of Kazakhstan of a foreigner or stateless person”

A.T. Kabzhanov, A.V. Turlayev, V.B. Tapakova

2023

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DOI 10.31489/2023l1/58-65
Data confidence 70 medium
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Abstract

The article illustrates problematic issues of regulation and practice of applying foreigner or stateless persons expulsion from the Republic of Kazakhstan as a criminal punishment type. The analysis of the features of regulation and the practice of applying such punishment abroad and in Kazakhstan was carried out. The purpose of the research is a comprehensive theory and practice analysis of the expulsion implementation as a criminal punishment type. The research is carried out through general and special legal methods, analysis and generalization of the legal norms governing expulsion in the legislation of different countries, the comparative legal method allows us to identify the main trends in the legal institution development “expulsion of a foreigner or stateless person” at the present time. The main result of the research is the provision on the need to improve the institute “Expulsion of a foreigner or stateless person” in the criminal law of the Republic of Kazakhstan. As conclusions, additions to the norms of the Criminal Code of the Republic of Kazakhstan are proposed, aimed at improving the Criminal Code Article 51, specifying the process of expulsion, as well as conditions list under which expulsion from the Republic of Kazakhstan is not assigned. It is proposed to supplement the article with provisions on “indefinite expulsion from the Republic of Kazakhstan”.