Аңдатпа
The article examines principle of proportionality of punishment as key element of criminal law and mechanism for limiting state repression in Republic of Kazakhstan. Theoretical approaches to understanding proportionality are considered, including retributive, functional and operational aspects, as well as their influence on formation of modern criminal policy. Special attention is paid to analysis of normative foundations of implementation of principle of proportionality through general principles of sentencing, judicial practice and explanations of highest judicial bodies. Main problems of law enforcement are identified, including template nature of judicial reasoning, inconsistency in sentencing, difficulties in application of norms on more lenient punishment, as well as risks of disproportionality in cases of concurrence of offenses. Influence of stage of execution of punishment, including parole and probation, on actual severity of criminal impact is separately analyzed. Necessity of improving mechanisms for ensuring proportionality through standardization of judicial practice, development of alternatives to imprisonment and strengthening institutional guarantees of fairness of punishment is substantiated. Results of study can be used in improvement of criminal legislation and judicial practice. Practical significance of work lies in formulation of recommendations aimed at increasing effectiveness and predictability of sentencing.