Master of law Garashova L.N.

A. Baitursynov Kostanay state university, Kazakhstan

Effectiveness of application of parole from punishment

Nowadays nobody can exactly say when the first crime was committed, when and what punishment was determined for the first time. Additionally it is known only one thing that at all times sentence is passed for committing of any crime.

Different penalties were imposed from a terrible torture and an inhuman execution to a public reprimand. The community is being developed and its attitude to punishment is also changed.

The international conference on the reform of criminal punishment was held in April 1990 in London. The participants of this conference were ministers, parliamentarians, judges, representatives of non-government organizations of more than 60 countries and 5 continents. They expressed their opinion that prison systems of all over the world are in the state of crisis. Prisons bring little use for the society, break families, and give little satisfaction to victims of crimes. They are considered as institutions isolated from community and often forgotten [4].

In practice prisons’ conditions are far from the UNO standards. Violations of human rights such as crowded cells, absence of hygiene, shortage of foodstuffs, bad medical treatment, high level infectious disease and mortality in the places of detention, are practiced on a large scale. The situation in these systems of the world are the same as in our country, that’s why we can’t and have no rights not to think and do practical steps on reforming of the Republic of Kazakhstan criminal-executive system.

In the soviet time in Kazakhstan there was the system of camps. It’s enough to remember the KarLAG – the Karaganda department of camps, the Vostok LAG – the eastern department of camps, ALZHIR – the Akmola camp of Motherland traitors’ wives [4].

It began immediately after the revolution and developed in the years of repressions. Development of virgin and unused lands in 50s-60s and the construction of large scale buildings of industry demanded a large number of workers, that’s why inmates from all over the Soviet Union were sent to Kazakhstan for serving sentences. The Republic Criminal Executive system was a part of the whole state, and had all its peculiarities. Formation of separate criminal-executive system of the RK began since 1991 with the adoption of sovereignty [3].

According to the Republic of Kazakhstan statistics on the state of the 1^st of January 2010 there were kept 69924 inmates in the correctional institutions, 1126 juvenile delinquents were held in the reformatories, 3094 women in the separate institutions [5].

18797 suspects charged in crime committing are kept in the investigation isolations. Above 28000 convicted offenders to the punishment non-connected with isolation from society are registered in the criminal executive inspections [5].

In our opinion the number of prison inmates depends on the criminal policy, law application practice; traditions having been taken root in the public consciousness.

Seemingly application of criminal law is not always justified for social problems and conflicts came into existence in community. It may be not the best mean although it is necessary. Even in those cases when its application is inevitably, “advisability keeping and possible reducing of specific weight of deprivation in common totality of penalty measures. Only further optimization and development of criminal and criminal executive policy can better the situation”.

Parole is used in the connection with impossible or inexpediency of punishment imposing or its execution. The reason of which can be changing in the criminal law, the loss of public dangerous by a person committed a crime, or considerable extension of its degree, the state of health of a person pleaded guilty in committing a crime. Applying the release from penalty the state economizes the measures of criminal repression, at the same time stimulates a law-abiding behavior of the person committed a crime, or refuses from application of punishment in that case if the aim of the penalty deliberately cannot be achieved.

Nowadays it isn’t a secret for everybody that the deprivation of freedom doesn’t treat the convicted offender, rather the question is only about the correction of inmate’s behavior. As a whole being in the places of detention the inmate impregnates with the ideology of criminal world, and after the release he brings it into community. Thus keeping of considerable part of the state population in the criminal – executive institutions we quality make worse our society. It’s not difficult to account that continuation of such criminal policy in the respect of deprivation from freedom during the nearest 10-20 years can lead to irreparable consequences. Holding this tendency we create real dangerous to national security of the state.

Obviously it’s not always realized the application of criminal law for solving of social problems and conflicts arising in community. It can’t be the best means though it’s necessary. But in such cases when its application is unavoidable, “it’s expediently to keep and possibly reduce specific weight of deprivation from freedom of the whole complex of penalty measures. The exist can be seen only in optimization and further development of criminal and criminal-executive policy”.

The parole institute allows the court to break off the further serving of punishment if the inmate’s behavior during the served term testifies the success development of the process of correction in such way that it’s not necessity to serve the whole term of sentence:

a) parole can be applied in any case when the penalty is connected with deprivation or restriction of freedom;

b) it’s remitted a ban on a such type of release to some categories of convicted offenders;

c) it isn’t demanded the proof of the full correction.

The body executing sentence produces the court its own opinion on the inmate’s behavior which testifies honest attitude to duties connected with sentence serving and excellent behavior with absence of penalties and presence of encouragements (absence pretentions to the behavior during the short-term holiday and other location outside the territory of settlement). The inmate’s behavior must be marked for a long period of time but not one-two last months.

For a large guarantee from mistakes in parole the Criminal Code establishes stepped list of obligatory share of punishment carried out before release. Depending on categories of crimes it isn’t less of half, less of two third, less of three fourth of term of imposed sentence. The law also makes provision for a life-imprisonment a principle opportunity of parole application on serving not less 25 years of imprisonment. It’s made for one purpose to keep a perspective of bettering the situation for this category of inmates. Evenifthisperspectiveissufficientlyremote.

Of course the parole institute stimulates a positive behavior during the sentence serving. To confirm this tendency after release (you know the correction isn’t completed yet!) the court has a right to entrust the discharged prisoner with the fulfilling of definite duties the same as in suspended sentence; it’s provided for the supervision under the discharged prisoner by the specialized body.

The persistent dodge the entrusted duties, violation of public order entailed the administrative responsibility and penalty is the reason of repeal of discharge and renew of execution of the rest part of sentence, such as an exile, banishment or corrective labour without deprivation of freedom. The court, having decided positively the question of parole from the common sentence or commutation of this sentence to more mild punishment, can dismiss the convict from such additional measures of penalty as an exile, banishment or deprivation of the right to occupy the definite post or to be engaged in definite activity.

At present time the considerable theme by us the parole from the sentence is one of the important conditions in the criminal-executive law, and the material precondition and the reason of discharge from punishment. According to its content parole is a type of punishment at the stage of its serving. Thus a non-served part of a sentence is specific and trial.

To our mind it’s necessary for a government to pay more attention to the questions of further democratization of community, strengthening of lawfulness and law order, obeying of constitutional rights and freedoms of citizens, continue a constructive dialogue with political parties and movements, and also female, youthful and other non-government organizations.

List of literature:

1. The RK constitution of 30^th of August 1995.

2. The RK Criminal-executive Code of 13 December 1997.

3. Criminal-executive law. Text-book by A.I. Zubkova.

4. General Declaration of human rights. Resolution 217 (A) UNO General Assembly of 10 December 1948.

5. Information of the Committee on legal statistics and special registration, 2009.