Law / 5. Сriminal law and criminology

Holder of a master’s degree PhD candidate, Police Captain Kozhakulov R.

of the Police Academy of Almaty, The Republic of Kazakhstan

Article about the legal and organizational aspects of preventing penitentiary crime

There is a need to analyze the current state of specifically-preventive activity, the penitentiary crime and prevention of issues of penal crime in order to determine the main aspects of crime prevention. It requires the participation of MIS department and other law enforcement agencies.

Law of the Republic of Kazakhstan "On the prevention of crime" [1, p.1-2] from April 29, 2010 (№ 271 - IV LRK) has made a significant strengthening of preventative enforcement activities. The adoption of this law was preceded by a meticulous work of scientists, experts, practitioners. And this law is a great achievement of the Kazakhstan’s legislation. Entire legal practice is based on the fundamental principles enshrined in the law "On the prevention of crime."

There is a need to refine the concept of the penal crime in order to solve the problems of crime prevention.

Since the prison crime is a separate kind of general crime, it has all the inherent qualities of crime. Most legal scholars agree, that criminality - is a massive, historically changing, socio-legal phenomenon, which represents a collection of all the crimes committed at this time in the area.

In the most general sense penal crime is one of the most independent and socially dangerous forms of crime, including series of crimes committed by inmates in a particular region over a specified period of time. Penal crime can be seen in two ways. In a narrow sense, the prison crime is a set of crimes committed by special contingent in prison. We can see a similar approach in the work of the famous Kazakh scientist Dzhansaraeva R. [3, p.5].

According to another Kazakh scientist Baltabaeva K., penal crime is the crime committed in prison or custody [4, p. 318].

The second approach to a broad interpretation of the penal crime states that crimes series can include the crimes that are assigned to other types of non-custodial sentence (See Article 39 of the Criminal Code). That also includes probation. This approach to the determination of penal crime will expand preventive influence on this type of crime made by all law enforcement and society.

As experts predict, the development of criminal processes for the coming years will remain the same. Some minor fluctuations in the number of registered crimes in the direction of reduction or increase are possible.

The literature of the Soviet and post-Soviet periods used different concepts of "prevention", "warning" and others. According to many authors [5, p.104, 42, 34.], these terms are identical and can be used interchangeably.

Stabilization, control and possible subsequent reduction of crime, reducing its public danger, are the main predetermined objectives to combat crime. Concretization might look like this:

- Countering criminogenic processes in society;

- The establishment and strengthening of the atmosphere of peace and stability in the society;

- The elimination of threat to the rights, freedoms and legitimate interests of individuals, society and the state, which arises due to the possibility of committing crimes;

- Prevention of crimes by persons who are the subjects of preventive action;

- Ensuring correction of persons that are affected by preventive effects, and their reintegration into society.

Thus, some scientists believe that the execution of sentences is a crucial stage in the fight against crime. The efficiency of the correction system work to largely depend on the results of the overall effort of all law enforcement agencies. Thus, the penal legislation is a legal program of the State to achieve the goals of punishment. It is an integral part of the complex concept (criminal, criminal procedure, criminal law enforcement), which is built on common principles. It serves for the goal of public safety.

According to Dolgova A., "crime prevention" term is not certain because it is impossible to prevent something that already exists. Criminality is already present. From this perspective, the term is certainly vulnerable, but it entered the scientific world and it makes no sense to break the established conceptual apparatus in such a “revolutionary” way. The main thing is the emphasis on causality, determination of crime and keeping people away from crime [6, s.480].

Agreeing with the fact that the “prevention” term is well established, it is difficult to accept that it is impossible to prevent something that already exists. We think that the focus should be made on the prevention of new or repeated crimes. In this case, repeated offenses are the basis of the penitentiary crime. According to the famous Soviet scientist Sakharov A., the very notion of "crime prevention" is mainly indicated by a definite system of social measures and activities aimed at addressing and neutralizing the causes and conditions that led to the commission of crimes. These measures are taken to distinguish between general social level (general social prevention) and specialized level of criminality (special prevention) [7, p.69].

It is our deep conviction that crime control should include more comprehensive and large-scale events, the implementation of which would not only eliminate specific criminals and criminal groups, but it also has to be directed at addressing the causes and conditions that facilitate their operation, as well as commitment of repeat offenses, and most importantly - the return to society of stumbled and temporarily in isolation citizens.

Hence, we can assume that the prevention of crime means the protection of people, society and the state from criminal attacks, made through implementing a complex set of different measures of predictive action.

In our opinion, prevention of crime has a special place in the achievement of objectives of fight against crime. This type of activity is the most effective way to combat the crime because it provides the identification and elimination of the causes, and it provides the possibility to interrupt the planned or already existing criminal activity. It prevents people from harmful consequences and makes it possible to solve the problems of crime control in a most humane manner, with the least cost to society, and without such form of state coercion as criminal punishment.

References:

1. Kazakhstan Today May 12, 2010.

2. Kazakhstan Today. - 2007. - February 7.

3. Dzhansaraeva R., Problems of Crime in Prisons: Monograph. - Almaty: Economy, 2006.

4. Criminology: A Textbook. - Almaty, 2008. - p. 318.

5. Avanesov G., Criminology. Prognostics. Management. - Gorky: VSH Soviet Interior Ministry, 1975. - p. 104, Theoretical Foundations of crime prevention / Ed. Zverbul V., Klochkova V., Minkovsky G., - Moscow: Legal. Lit., 1977. - S. 42; Mindagulov A., Crime prevention: A Textbook. - Almaty, 2005. - p. 34.

6. Criminology: A primer / ed. Dolgova A.,-4th ed., 2010

7. Sakharov A., Social crime prevention / Soviet State and Law. - 1972. - № 11. - p. 69.