Journal of Siberian Federal University. Humanities & Social Sciences / Efficiency Challenges in Kazakhstan’s Criminal Punishment Execution System

Full text (.pdf)
Issue
Journal of Siberian Federal University. Humanities & Social Sciences. 2024 17 (6)
Authors
Rakhimova, Gakku N.
Contact information
Rakhimova, Gakku N.: Kunayev University Almaty, Republic of Kazakhstan; ; ORCID: 0000-0002-3812-7459
Keywords
proactive steps; legislative review; monetary penalty; detention; discrepancies
Abstract

This research is crucial due to the ongoing conflicts within Kazakhstan’s existing legal framework, which adversely affect law enforcement practices. The study aimed to examine Kazakhstan’s criminal laws, focusing on how punishments are carried out. Various methodologies were employed, including dogmatic and logical analysis, legal hermeneutics, and both deductive and inductive reasoning. Findings show a significant reduction in recorded criminal offenses in Kazakhstan between 2018 and 2022, though the numbers remain high. This study scrutinized multiple legal documents, including the Criminal Code and Penal Code, highlighting the prevalent types of penalties in Kazakhstan. A notable observation is the frequent use of arrest as a substitute for the principal punishment. A significant conflict was identified between the Penal Code, the Criminal Procedure Code, and the Law “On Enforcement Proceedings and the Status of Bailiffs,” leading to the misapplication of norms regarding fines by private executors. The study’s value lies in its recommendations to resolve these legal conflicts, enhance law enforcement effectiveness, and ultimately contribute to lowering crime rates in Kazakhstan

Pages
1144–1152
EDN
TPXJSQ
Paper at repository of SibFU
https://elib.sfu-kras.ru/handle/2311/152979

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