Yergali A.M.
Doctor PhD of Law department
Kazakh National University of
Al-Farabi, Kazakhstan, Almaty
e-mail: a.yergali@mail.ru
Muratova A.Zh.
master of 1 course
of Law department
Kazakh National University of
Al-Farabi, Kazakhstan, Almaty
e-mail: m-alua@mail.ru
Makhanov T.G.
Doctor of 2 course of Academy of law
enforcement agencies under the Prosecutor General's Office of the Republic of
Kazakhstan
The priority directions of criminal and executive policy of the Republic
of Kazakhstan in modern conditions
Annotation. In article the criminal and
executive policy of the Republic of Kazakhstan in modern conditions is considered.
Also in detail new vectors of development of criminal and executive policy are
considered, the big part is assigned to resocialization condemned and to
improvement of criminal and executive system.
Keywords: the criminal and executive policy,
criminal and executive system, resocialization condemned penitentiary safety,
public control, the criminal legislation.
The criminal and executive policy — is the component of social policy of
fight against crime which is carried out by means of designing, improvement and
application of norms of the criminal and executive right, consisting in the
prevention of crime, safety of society, the personality, the state by execution
of criminal penalties and other measures of criminal and legal influence, the
organization of activity of criminal and executive system for resocialization
of the condemned, their reintegration into society.
Research of a phenomenon of criminal and executive policy very actually,
considering modern problems of reforming of criminal and executive system,
overcoming of high level of "retaliatory claims" of society, problems
of expansion of scope of alternative not penitentiary sanctions demanding the
decision in Kazakhstan, Russia and in other Post-Soviet states. Along with it
the priority direction of criminal and executive influence is made by various
aspects of resocialization of the personality condemned, its positive
adaptation to activity conditions during the post-penitentiary period, and also
problems of "inclusion" of civil society in processes of interaction
with the institutions and bodies executing punishments and other measures of
criminal and legal influence [1].
In August, 2009 the Decree of the President of Kazakhstan N. A.
Nazarbayev approved the Concept of legal policy of the Republic of Kazakhstan
for the period from 2010 to 2020. In this significant document of legal,
program and political character it was noted that "the most important link
of legal policy of the state is the criminal policy which improvement is
carried out by the complex, interconnected correction of the criminal, criminal
procedure and criminal and executive law, and also right application"
(item 2.8 of the Concept).
In the Concept of legal policy separate provisions are devoted to
criminal and executive policy. So, in particular, the Concept focuses on need
of creation of conditions for broader application of the alternative criminal
and legal measures which aren't connected with isolation from society. Very
positive moment are instructions that "in the legislation and
jurisprudence it is necessary to develop approaches at which the choice of a
look and a measure of criminal and legal influence would be based first of all
on the accounting of data on its most probable efficiency concerning the
specific personality" (item 2.10 of the Concept). Considering
recommendations of penitentiary science, the considered document designates as
problems of criminal and executive policy ensuring labor employment condemned,
possibilities of their access to educational services and a vocational
education, to programs of resocialization of the condemned. Moreover, it is
mentioned that "the system measures aimed at providing a purposeful state
policy in the sphere of resocialization of the citizens released from
imprisonment places as full members of society … are necessary". Aren't
bypassed in Concepts and questions of participation in realization of criminal
and executive policy of civil society. About it in the document defining
strategy of legal policy of Kazakhstan it is noted that "preservation of
balance between interests of society and state on punishment guilty and to
observance of the rights and legitimate interests during serving of punishment
is promoted by the installed mechanisms of public control which development needs
to pay attention". Thus, the state proclaims a problem of ensuring social
balance between interests of public institutes and civil society concerning the
established legal status condemned, realization of the rights and duties by
them in the conditions of execution of punishments and other measures of
criminal and legal influence states [2].
It should be noted that the Concept of legal policy focuses on
strengthening opportunities of
execution of punishments, on safety of serving of punishment in penal
institutions, on use of institute of public control as corresponding not only
to requirements of civil society, but also interests of the state. Deserves
attention and the planned transition to a chamber order of the contents
mentioned in the analytical document. In Kazakhstan, in our opinion, more
careful approach as the Concept mentions was shown that "among the most
perspective directions … gradual transition to a chamber order of the contents
is necessary, at which condemned, having traficability and interpersonal
communication within establishment in the afternoon, at night would be isolated
in the certain room". In our opinion, it is quite reasonable and justified
way. As for leaving of the days condemned at night in the locked rooms, it is
necessary to recognize it as a successful solution of the problem of safety
condemned — a problem which the "traditional" system couldn't
overcome.
The future of criminal and executive system in many respects depends on
degree of a maturity of civil society, preservation of liberal tendencies of
criminal policy, improvement of activity of various links of public
administration and development of conceptual approaches to definition of
strategy of fight against crime and safety of society. In this regard it is
possible to allocate the following vectors of national criminal and executive
policy [4].
1) Convergence. The Russian professor V.A. Utkin still in the nineties
wrote of the past century about possibility of convergence of prison and system
of an execution of the punishment in the form of imprisonment, as about
probable model of its development. We believe that convergence can have wider
semantic value, and isn't settled only by interpenetration of elements of these
two systems.
2) Demilitarization. Its demilitarization is the inevitable accompanying
link and even a consequence of convergence of CES. It should be noted that the
ideology of demilitarization was connected with the initial stage of reforming
of national criminal and executive system.
3) Chamber system. We believe that such transformation will allow to
provide safer accommodation of prisoners, minimizes prison violence, and also
will lead to reduction of the facts of violation of the rights and freedoms of
the person. We give the report in huge complexity of this process.
4) Alternatives to imprisonment. Except the above-named priorities the
direction - further reduction of number of the prison population, improvement
of system of alternative measures is obviously important the following. We
already said above that tactically such reform will allow to approach penal
system of Kazakhstan to the international standards [3]. However, alternatives
of imprisonment shouldn't be perceived as temporary measures. It has to be the
conscious and constant strategic choice of criminal policy of the state.
5) Public control. The most important condition of further civilized
development of criminal and executive system is public control. It is necessary
to develop and introduce system of public accreditation of the correctional
facilities which are based on the international and national standards of
quality management.
In the activity the staff of criminal and executive system of Kazakhstan
has to rely on scientific development and the latest researches, study world
experience. In this regard it is necessary to develop analytical and research
services CES.
Consistently realizing this directions, we will gradually come to
effective, humane and safe criminal and executive system of the future.
References:
1.
The
resolution of the government of the Republic of Kazakhstan of June 9, 2012 No.
775 About the approval of the Program of development of criminal and executive
system in the Republic of Kazakhstan for 2012-2015
2.
Ospanova
Zh. B. Legal regulation of work condemned to imprisonment in modern conditions
(on materials of the Republic of Kazakhstan). – Abstract yew. edging. þð.
sciences. - Chelyabinsk, 2007, page 3
3.
Rakhimberdin
K. H. Gumanization of criminal policy of Kazakhstan in the conditions of
development of civil society. Abstract yew. äîêò. þð. sciences. - Bishkek –
2012, with. 4
4.
Problems
of reduction and number of "the prison population" of Kazakhstan over
the last 10 years: dynamics and the reasons of its fluctuations (Representation
of MOO "Penal Reform International" (The international prison reform
in Central Asia), 2012)