The Criminal Executive Code of Kazakhstan: achievements and problems of implementation

In accordance with the Concept of Legal Policy in 2013 in the Republic of Kazakhstan work was carried out on the preparation of a number of bills, which include a new draft of the Criminal Executive Code. The need to adopt a new law is due to a change in the Republic of Kazakhstan. The Code is the legal regulation of the main types of execution of criminal penalties. On July 6, 2014, the new Criminal Executive Code of the Republic of Kazakhstan was adopted and approved by the Decree of the President of the country. The adopted law caused a positive response from many researchers of the penitentiary science. Indeed, the authors of this law were able to develop a project that embodies a number of new short innovations, previously absent in the national penal legislation. In addition, important provisions of international documents ratified by Kazakhstan were implemented. Significant changes and amendments were made to the provisions of the current Criminal Executive Code, which, in our opinion, will greatly enhance the effectiveness of the execution of certain types of criminal punishment. Moreover, the actual content of the new Criminal Executive Code leads to the conclusion that this law will create the necessary conditions for the reform of the preventive activities carried out by law enforcement officials, the very system of these bodies and the criminal policy of Kazakhstan as a whole. The innovations in the Criminal Executive Code of the Republic of Kazakhstan are: resolution of the question of the security of convicts; definition of powers of the various government agencies that are not part of the penal system in the penal sphere; establishment of the Probation Service; setting of directions of the probationary supervision; introduction of changes in the structure of the penal system. The authors did not name correctional institutions, explaining that the new penal policy changed its goals. At present, the primary task is ensuring security in the process of serving the sentence. In this regard, the mechanism progressive system of serving sentences also improved.

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