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THE MAIN DIRECTION OF CRIMINAL POLICY OF KAZAKHSTAN - HUMANIZATION OF LEGISLATION
D. Leonov Academy of Law Enforcement Agencies under the General Prosecutor's Office of the Republic of Kazakhstan
The author of the article considers the issues of humanization of the criminal legislation of Kazakhstan, the main aspects influencing the criminal policy. In the author's opinion, the main direction of development of the national criminal legislation is the expansion of the use of alternative measures ofpunishment.
The author supposes that the criminal policy implemented in Kazakhstan is acceptable and appropriate time.
Key words: humanization, criminal law, alternative measures of punishment, liberalization
At present, the scientific literature receive much attention to the analysis of the criminal legislation of Kazakhstan, the prospects for its development and modernization, in addition, the changes and additions are being assessed. In general, the ongoing reforms are approved, both by practitioners and scientists.
At the current stage of development, for the new Criminal Code of the Republic of Kazakhstan, priority areas have been the protection of human and civil rights and freedoms, international legal relations, strict observance of the principles of criminal legislation, and the adequacy of measures against crime.
Conducted criminal policy in its content adheres to the principle of humanism. In this regard, in our opinion, the further development of criminal law provides for humanization, it is the main and important direction in the modernization of Kazakhstan's legislation.
Humanistic ideas of law have been consolidated, first of all, in the current Constitution. Thus, the Constitution of the Republic provides that the highest values of the state are the person, his life, rights and freedoms [1].
In this connection, strict observance of human and civil rights and freedoms is the most important task of the criminal legislation.
As you know, the humanization of the criminal law is a reflection of the social processes taking place in public life. Taking into account the stabilization of the state's economy, international relations and other global processes, the process of humanization corresponds to the present time.
At the same time, we note that humanization does not set itself the goal of refraining from strict penalties. This process occurs in parallel with the application of harsh sanctions to malicious criminals, and an adequate response to crimes that do not cause significant harm to society.
In our opinion, the relevance of the process of humanization is determined by several aspects:
- increasing attention to the legal status of citizens in criminal proceedings;
- resocialization of the perpetrators;
- using of new effective ways to correct the perpetrators.
At the same time, for the qualitative introduction of humanization by the state, law enforcement agencies and the judiciary, it is necessary to ensure the safety of citizens, their rights and freedoms, as well as society and the state from the threats of crime, to minimize the level of social tension through optimal and fair measures for the regulation of crime, the achievement of the well-being of society on the basis of realizing the ideas of social rehabilitation and social reintegration of persons who committed criminal acts.
On the one hand humanization means a reduction in the use of sentences related to deprivation of liberty, and on the other hand, is viewed as a qualitative indicator of justice.
In the first case, this implies the modernization of the system of execution of punishments and the increase in the role of alternative measures of criminal-legal influence that are not related to deprivation of liberty, the expansion of the scope of non-punitive criminal means and the development of mechanisms for their implementation. With the implementation of this process, the burden of criminal responsibility remains, but various alternative measures of prosecution are proposed.
In the other case, using these means to implement high-quality and fair justice.
In this context, it is meant that humanization, as a phenomenon, should be an effective way of bringing to justice the perpetrators, and at the same time, consistent with the purposes of punishment provided for in the criminal law.
In our view, the use of alternative measures of punishment as the main means of bringing the perpetrators to justice is a rather humane method of correcting convicts. Their application is justified on the part of the economy and conforms to the principles of the humanity of punishment.
The current criminal legislation provides for a wide range of criminal penalties that can be used and their purpose should be extended.
We consider that deprivation of liberty, as a measure of punishment, must certainly be in the system of punishments, but at the same time it should be applied only when other ways of correction cannot be used. An important factor in the application of this measure is its proportionality to the high social danger of the crime committed.
E.A. Salamatov in his study notes: «An important sense of alternative penalties is that the state thanks to the flexibility of the criminal law gives a chance to many criminals who do not pose a public danger to society and who did not allow the onset of grave consequences as a result of the crime, to avoid imprisonment provided certain requirements are met» [2, ^ 67-73].
In addition, K.Kh. Rahimberdin writes: «Humanization of the criminal policy of the Republic of Kazakhstan provides for further improvement of its penological, penitentiary and non-penitentiary model. This implies the modernization of the penal enforcement system and the enhancement of the role of alternative criminal law measures not related to deprivation of liberty, the convergence of «prison» and «colonial» began in the process of execution of punishment in the form of isolation from society, expanding the scope of the criminal legal means of the punitive character and development of mechanisms for their implementation» [3, a 7].
We believe that these views should be accepted, in view of the fact that severe penalties do not always justify their use, but, on the contrary, can cause greater damage to the state, the perpetrator and the victim.
Summing up, we consider that the humanization of the criminal legislation of Kazakhstan must be continued, while it must have a differentiated balance, i.e. its application should be limited only to criminal infringements that do not cause significant harm to society and do not infringe upon the life and health of citizens.
In addition, in our opinion, the use, within the framework of humanization, of alternative measures of punishment, when they correspond to the gravity of the crime committed, is a fairly effective type of punishment affecting the correction of the perpetrators.
Literature
1. The Constitution of the Republic of Kazakhstan, http://adilet.zan.kz/rus/docs/K950001000_
2. E.A. Salamatov «Improvement of the Criminal Code of the Republic of Kazakhstan through the prism of the penitentiary system» / Collection of the international practical conference "Actual issues of the development of criminal legislation in the framework of drafting a new version of the Criminal Code of the Republic of Kazakhstan / Almaty, - 2012. C 204
3. K.Kh. Rahimberdin / Humanization of the criminal policy of Kazakhstan in the conditions of civil society development // The dissertation author's abstract on competition of a scientific degree of the doctor of legal sciences, Bishkek, - 2012. C 55.
