Abstract
Crime has a significant impact on the tranquility in society, on the quality of human life. Therefore, the State takes the necessary measures to counteract criminal offenses and combat crime. One of the important tools in this fight is punishment. In order for the application of punishment to be effective, it is necessary to apply it correctly. Unfortunately, the process of applying punishment is often accompanied by violations of the law and its principles, which negatively affects the effectiveness of the application of punishment. There are a number of reasons that do not allow increasing the effectiveness of punishment. One of them is the imperfection of legislation, including criminal legislation, the norms of which regulate issues related to punishment. It is known that the use of preventive measures has priority over other measures to counter criminal offenses (Article 4 of the Law of the Republic of Kazakhstan dated April 29, 2010 «On the prevention of offenses»). According to Part 2 of Article 39 of the Criminal Code of the Republic of Kazakhstan (hereinafter referred to as the Criminal Code), the purpose of punishment is to prevent the commission of new criminal offenses by both convicted persons and other persons. Therefore, punishment is one of the important measures for the prevention of criminal offenses, generally playing an important role in countering criminal offenses. When imposing punishment, the court should be guided by the norms of the Criminal Code, which regulate the system and types of punishments, principles and basic rules of sentencing. The article analyzes the existing system of punishments, in which there are shortcomings. The ways of eliminating these shortcomings are indicated, while amendments and additions are proposed to the wording of a number of norms of the Criminal Code.