Parole and Early Release from Punishment: Problems of Improving Application Mechanisms in the Republic of Kazakhstan and Foreign Experience
Authors: Nuridin Sandugash , Ongarabaev Erkin , Muratkhanova Meruert , Tleulessova Bagila , Kalmaganbetova Dina , Yessentemirova Aigul 
Published: October 2023

Objective: The article provides a comparative study of the institution of parole in the Republic of Kazakhstan with current foreign legislation. The positive experience of the legislation on parole is outlined, conflicts and problems of the current legislation of the Republic of Kazakhstan on parole are identified, and recommendations are offered for further improvement of the institution of parole.

 

Theoretical framework: During the study, statistical material presented on the website of the Prosecutor General's Office of the Republic of Kazakhstan, other scientific works on the presented topic, as well as foreign experience of other countries were studied

 

Method: The following methods were used in the research process: system-theoretical and logical analysis of the problem; expert assessment of the relevant norms of national legislation and the practice of its application; constructive and critical analysis of conceptual approaches to reforming the institution of parole.

 

Results and conclusion: Based on the current legislative acts of the Republic of Kazakhstan and foreign countries, as well as scientific literature, the article analyzes the conditions for the abolition of parole, on the basis of which proposals are made for the wording of Part 7 of Art. 72 of the Criminal Code of the Republic of Kazakhstan. Also, the practice of applying preventive measures by government, law enforcement agencies, and public groups does not always properly demonstrate their effectiveness. Therefore, from our point of view, the legislation should provide for measures to improve them. Which indicate the advisability of developing a large comprehensive plan for the reintegration of parolees into life in society, which relate to all spheres of life. And regarding the principle of work of district inspectors and probation inspectors, which is identical, de-bureaucratization effect.

 

Originality and value: Issues related to the theory and practice of applying parole to convicted persons or the non-application of certain types of punishment to a certain category of persons are quite often discussed in the scientific literature both in Kazakhstan and in foreign countries. However, taking into account the changes made to Kazakhstan's regulatory legal acts (criminal, criminal procedural, criminal executive legislation, regulatory decisions of the Supreme Court of the Republic of Kazakhstan) on issues of parole, in our opinion, some rough edges are revealed that require resolution. At the same time, the practice of applying the institution of parole shows that there are still issues that are subject to additional legislative regulation in order to eliminate any doubts in the interpretation of the law, which indicates the relevance of their research. Since frequent changes in legislation have caused and continue to cause difficulties for individual courts in the correct application of the above regulations. For example, issues related to the revocation of parole, or the reversal of an application for parole. The latter is what happens most often in practice.