Basic Concepts and Categories of Penitentiary Security Theory

  • Rima Yerenatovna DZHANSARAYEVA Chair of Criminal Law, Criminal Trial and Criminalistics of the Law Department Al-Farabi Kazakh National University
  • Ali Dzhumamuratovich BAISALOV Chair of Criminal Law, Criminal Trial and Criminalistics of the Law Department Al-Farabi Kazakh National University
  • Sholpan Baltabekovna MALIKOVA Chair of Criminal Law, Criminal Trial and Criminalistics of the Law Department Al-Farabi Kazakh National University
  • Gulzagira Makhatovna ATAKHANOVA Chair of Criminal Law, Criminal Trial and Criminalistics of the Law Department Al-Farabi Kazakh National University
  • Kuanysh Daniyarovich KUSMAMBETOV Chair of Criminal Law, Criminal Trial and Criminalistics of the Law Department Al-Farabi Kazakh National University

Abstract

Provision of security of individuals, society and the state in modern conditions cannot be implemented without the legal regulation of social relations in order to prevent potential security threats and neutralize existing ones. Accordingly, the functioning of the legal system, its social role and functions are of great importance in terms of security. A special role in the sphere of legal security belongs to public authorities, ensuring the security of legal system. The necessity to build a legal and social, and most importantly – viable state objectively increases the importance of government activity and state bodies.

Current state of the penal system, its reform processes within the framework of development and integration of the state into the world community leads to the emergence of new threats. In this regard, there becomes a need to increase its readiness to confront arising external and internal, real and potential threats affecting a particular entity and the general situation.

Penitentiary security, on the one hand, is a security of the person, society and state within the penitentiary system, on the other hand, is a security of society and the state of internal penal hazards beyond the borders of a penitentiary system, the severity of which was not forewarned by internal prison security or caused by factors and subjects of the penitentiary system aimed against the legitimate penitentiary process within the system to its disorganization and replacement with illegal with harmful activity coming out of the system.

References

[1] Amandykova, S.K. 2012. Constitutional and legal basis for national security of the Republic of Kazakhstan. KarGU Bulletin, 2: 56-69.
[2] Amanzholov, Zh.M. 2001. International legal and national security of the Republic of Kazakhstan. PhD diss., KNLU.
[3] Dal, V. 1989. Explanatory dictionary of the Great Russian language, V.1. Science.
[4] Dreyvesh, B.V. 1998. Legal security and problems of its provision. Jurisprudence, 2: 11-22.
[5] Foinitskiy, I.Y. 2000. Doctrine of punishment due to the prison introduction. Science.
[6] Galuzin, А.F. 2007. Offence as a major threat to the legal and social security. Samara State Economic University.
[7] Galuzin, А.F. 2012. Theory and practice of prison safety of the individual, society, state. Science.
[8] Gerasimov, А.P. 2001. Theoretical and legal problems of the Russian statehood’s economic safety formation and development (methodological and theoretical-legal research). PhD diss., St. Petersburg State University.
[9] Kaigorodtsev, А.А. 2006. Economic and food supply security of Kazakhstan: issues of theory, methodology and practice. Media-Alliance.
[10] Kazakov, P.D. 1994. Synergetics security: philosophical comprehension experience. Security, 4: 62-67.
[11] Komin, I.S. 2005. Safety and risk in the field of foreign economic activity: socio-philosophical analysis. PhD diss., TSTU.
[12] Mamanov, V.V. 2004. Constitutional basis of national security. PhD diss., SLU.
[13] Mugulov, F.K. 2003. Personal security: theoretical and applied aspects of sociological analysis. Sochi.
[14] Naumov, А.V. 2004. Russian criminal law. Legal Literature.
[15] Opaleva, А.V. 2004. The legal basis for ensuring national security of the Russian Federation. Science.
[16] Ozhegov, S.I. 1986. Dictionary of the Russian language. Science.
[17] Petrashev, V.N. 1999. Punishment and its purpose. In: Criminal law. PRIOR.
[18] Prohozheva, A.A. 2002. General theory of national security. LLit.
[19] Saidov, A.H., and Kashinskaya, L.F. 2005. National security and national interests: the relationship and interaction: politic-legal analysis experience. Journal of Russian Law, 12: 125-131.
[20] Shargorodskiy, M.D. 2003. Selected works on criminal law. Legal Center Press.
[21] Shubert, T.E. 1997. Constitutional security: concept and threats. Law, 4: 34-46.
[22] Tyurina, T.B. 2005. Legal security of the individual in the modern Russian state: theory and practice. Saratov Press.
[23] Yakovlev, A.M. 1962. About the individual study of criminal. Soviet State and Law, 11: 109.
Published
2016-10-08
How to Cite
DZHANSARAYEVA, Rima Yerenatovna et al. Basic Concepts and Categories of Penitentiary Security Theory. Journal of Advanced Research in Law and Economics, [S.l.], v. 7, n. 4, p. 765-771, oct. 2016. ISSN 2068-696X. Available at: <https://journals.aserspublishing.eu/jarle/article/view/150>. Date accessed: 08 nov. 2024.