On the Development Prospects for Criminal Sentence Enforcement and Probation

The criminal law and penal policies implemented in the field of imprisonment enforcement in Kazakhstan are analysed. In connection with a number of significant shortcomings, the necessity of the further improvement of the legal regulation of enforcing sentences alternative to imprisonment through the progressive system is justified. A unified approach in the formation of criminal and penal laws is proposed. The progressive system is a complex interdisciplinary institution of criminal and penal law with several independent institutions. When applying these institutions, the convicts’ legal statuses change depending on the degree of their correction: the scope of their rights can either be expanded or reduced. Currently, there is an urgent need for a more detailed classification of positively characterized convicts. Certain conditions of detention and a certain institution of the progressive system must correspond to each positive degree of convicts’ behavior, namely: in the first positive degree, the convict is held in the usual conditions of a correctional institution (the institution of changing the conditions of detention within one correctional institution); in the second positive degree, the convict is transferred to lighter conditions of detention; in the third positive degree, the convict is transferred to preferential conditions of detention; in the fourth positive degree, the convict is transferred to an institution of a different kind; in the fifth positive degree, the institution of the substitution of punishment is applied; in the sixth positive degree, parole is possible.

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