Criminal law and criminology

T.K. Akimzhanov

Doctor of Legal Sciences, Professor
Vice-rector on scientific work and international cooperation
of Almaty Humanitarian-Technical University

On some problems of combating of crime in the Republic of Kazakhstan at the present stage
          

    It is not a secret that the quantitative and qualitative changes in crime always need to find new approaches to fighting and combating of crime, not only law enforcement but also the entire society, every law-abiding citizen.

  Events occurred in Aktobe, Taraz, Zhanaozen forcing a fresh look at the problem of combating crime. Because punishment established by criminal law of the Republic of Kazakhstan determines the content of criminal policy of the state, it is necessary to define the limits of acceptability, and sanctions to ensure the principle of humanism.

  President of Kazakhstan N.A. Nazarbayev spoke about this very conclusively and convincingly in his message to the people of Kazakhstan on January 29, 2010, noting that in our system of punishment the fines forms less than 5%, correctional work - 0.4%, community service - 0%. The main punishment is imprisonment, no one involved in the rehabilitation of people released from prison. As a result, they add to the number of criminals [1].

  In addition to the words of head of the state, we note that the current Criminal Code of the Republic of Kazakhstan, adopted July 16, 1997, and enforced on January 1, 1998, is a document of transition period. If you recall the beginning of "wicked" of the nineties, when there was a rampant crime, chaos in the economy, serious problems with financing, with material support, and many other difficulties, it is possible to explain the punitive nature of our criminal law. Under present conditions there have been many positive changes in the economy of our country, in the minds of citizens, in general, the whole situation in the country has changed in a positive way. Therefore, situation when society should reconsider its attitude to the general problems of sentencing has objectively appeared.

  An analysis of court statistics in recent years on the appointment of penalties provided for in Article 39 of the Criminal Code of the Republic of Kazakhstan, shows that the most commonly encountered in forensic practice is kind of punishment as imprisonment (51.8%), followed by a fine (4.7 %), restriction of freedom (2.2%), correctional labor (0.4%), delay of punishment (0.3%).  Probation, according to Article 63 of the General Part of the Criminal Code, was used in 40.6% of cases.

  In our opinion, it should be brought into compliance with applicable penalties provided for in Article 39 of the Criminal Code of RK, in view of danger of crimes committed to society and the identity of the perpetrator. If to examine this statistics in relation to the number condemned to prison, then, since 2004, annually the courts apply a form of punishment as imprisonment for 17-18,5 thousands of people who come to the correctional institution [2].

  For the effective operation of the criminal law of the Republic of Kazakhstan it is necessary to ensure the principle of humanism.

  The need to humanize the measures under criminal law follows from the content of the state's criminal policy. So, first, in subsection 2.8 of section 2, approved by Decree of the President of the Republic of Kazakhstan N.A. Nazarbayev, August 24, 2009 ¹ 858 "Concept of Legal Policy of the Republic of Kazakhstan for the period from 2010 to 2020," it is noted the need to expand the scope of criminal sanctions not involving deprivation of liberty, including the exclusion of individual sanctions, penalties of imprisonment or reduction in maximum terms of imprisonment.

  In this way, the state had taken concrete steps to further improve the legal and judicial systems, which are essential parts of the reforms in Kazakhstan.

  Costs of our justice system is that the information obtained is generally about crime and about some of its species mainly collected and not subjected to in-depth analysis.

  The absence of scientific support for the practical work of the internal affairs led to the fact that in the Interior Ministry, MIAD-DIA of regions, DIA on transport there is an absence of analytical work, deep factor analysis of crime and prognostic direction. As a result the work of internal affairs is almost blind and reduced to a primitive quantitative analysis of crime, which is held only for the current and past years, and all the basic statistics of crime, its characteristics are not analyzed and the dead weight fall annually in the reports of IABs. The most important thing there is no such an important direction in the fight against crime as a forecasting.

  Methods of crime analysis of MIA have not yet developed; scientific methods (mathematical, social, etc.) of analysis of IAB activity in the fight against crime are not applied.

  Police does not receive scientific advices, implementation of which would significantly improve the performance of operational and investigative units in the first place, as well as other services.

  The consequence of this situation is that there is no feedback of information and law enforcement, that is, information is collected by itself, and preventive services and combating of crime are not related to the collected information.
         It is safe to point out that Kazakhstan currently all the conditions for an effective fight against crime is not created.

  Until now, scientists and criminologists of the republic do not defined conceptual approaches to organization of fighting crime, based on research results, opinions of experts, scholars and practitioners.

In addition, there is no sufficient legal base regulating the fight against crime. The existing legislation only creates the conditions for the struggle and the struggle itself as such is not conducted.

  Inefficient use of criminal sanctions, among other circumstances, not only does not contribute to the fight against crime, but even can weaken this process, causing a negative change in the structure and dynamics of crime, especially some of its species, representing an increased social danger for the state. At the same time to avoid the liberal attitude towards dangerous criminals, we believe, it is not preferable to "carried away" one-sided experiences of foreign countries. 

The use of such experience in the organization of penitentiary prevention as means of achievement of punishment goals may be used only on the basis of "local" (national) conditions of execution and enduring the punishment.

  Some institutional measures to improve law enforcement is also needed.
Adoption of Law of the Republic of Kazakhstan "On the law enforcement service" on January 6, 2011 marked the beginning of bringing the system to law enforcement services. However, this process needs further development.

  Thus, in order to eliminate the duplication in the activities of law enforcement agencies it is better to change the names of individual agencies, which would be laid for meaning and purpose of each body. For example, by analogy with the Committee of national security of the RK to rename the Ministry of Internal Affairs of the RK to the Ministry of national security, and to rename the Agency for fighting economic and corruption criminality (financial police) of the RK as the Agency the economic and financial security of the RK.

  These renaming are needed for adjustment mentioned work of law enforcement agencies. Moreover, Agency may have new challenges that go beyond the two types of crime - economic and corruption, or specified types of crime can change, then the name of the agency will not match the content of its activity. The  main task of MIA is the public order and public security in the country, rather than internal affairs.

  Taking into account these circumstances it can be stated as follows. Proposed approach to rethink certain aspects of criminal law and law enforcement activity will help to take many challenges which is faced by law enforcement agencies at the ongoing changes in the operational situation in the country.

 

                                              REFERENCES:

1        Data on the courts of the Republic of Kazakhstan for the six months of 2009. The General Prosecutor's Office of the RK. The Committee on Legal Statistics and Special Records. - Astana 2009, p.1

2        See "On the law enforcement service". Law of the Republic of Kazakhstan. - Almaty, Yurist, 2011.