ISSUES OF INCREASING THE POTENTIAL FOR THE USE OF CORRECTIONAL LABOR IN THE CRIMINAL LEGISLATION OF THE REPUBLIC OF KAZAKHSTAN

Matay Aldiyarhanuly Aldiyarkhan

2022

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DOI 10.52026/2788-5291_2021_69_2_244
Data confidence 70 medium
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Abstract

The main guarantor of human rights protection is a powerful legal, democratic State. Kazakhstan and other economically more developed democratic countries of the world are really improving their efforts to solve many similar problems and counter crime in the fight against criminal manifestations. One of the main means of combating crime is punishment. In the proposed article, the authors conducted a study of the aspects of fixing correctional labor in the legislation of the Republic of Kazakhstan and their practical application. The purpose of the study is to propose a mechanism for improving the theoretical, legal and practical content of correctional work by conducting research. During the research, legal, historical–dialectical, logical methods related to law were widely used. As a result of the study, the authors made scientific conclusions and recommendations regarding the selected object of research. Speaking about the historical development and changes in the criminal law of correctional labor in Kazakhstan, guided by the low applicability of this type of punishment in judicial practice at the present time, the need to increase the potential of criminal punishment is considered, offering the most effective aspects in matters of its improvement. Argues that the implementation of the principle of humanism should be ensured by expanding the scope of the practice of application as an alternative punishment to imprisonment. A comparative analysis of correctional labor with the legislation of foreign states, along with the Russian Federation and the CIS countries, was carried out. At the same time, it is proposed to legislatively define and approve the categories of persons who cannot be sentenced to correctional labor. A scientific analysis of the positions and views of domestic scientists on the problem of application and effectiveness of correctional work is carried out, and recommendations are given that improve the practical effectiveness of correctional work. Thus, it proposes amendments and additions to the current criminal law. As a result, it was proved that correctional labor increases the potential for punishment.