The Problem of Correlation Between the Criminal Policy Humanization and the Concept of Justice at Imposing Criminal Penalties in the Republic of Kazakhstan
Abstract
The article raises the problem of unjustified humanization of criminal legislation and the practice of imposing a punishment. Imposing a punishment as a legal category has been extensively studied in the works of national and foreign scholars specializing in criminal law. However, despite the importance of this institution both for the convict and for the society as a whole, this penal institution remains one of the most problematic ones. The existing conflict between the current criminal policy humanism and the concept of social justice in criminal legislation, the adequacy of a punishment to the social danger of the offense being a part thereof, makes enormous harm to all law enforcement activities. It also causes negative response in the society, thus reasonably attracting a heightened attention of criminologists and experts in criminal law and procedure. The purpose of this work, as the author sees it, is trying to find feasible solutions to one of the most urgent problems of imposing a punishment. Attention is drawn to the fact that the concept of humanism has two aspects and implies, first of all, the protection of interests of law-abiding citizens. The author considers topical issues concerning the observance of the rights of victims through the solution one of the main tasks of criminal law, namely: to restore social justice by imposing a proportionate criminal punishment. Certain provisions of the theory of criminal punishment, as well as the practice of imposing punishment by the court, are studied here. Insufficient development of norms in the current criminal legislation can create problems in law enforcement, which, in turn, can lead to a significant violation of the victims’ rights. The author makes recommendations that can contribute to the improvement of the penal system consistent with the principle of humanism, considering the interests of the victims.
References
[2] Babaev, M.M., Pudovochkin, Yu.I. 2012. Izmeneniya rossiiskogo ugolovnogo zakona i ikh ugolovnopoliticheskaya otsenka [Changes in the Russian Criminal Law and Their Criminal Political Assessment]. Gosudarstvo i pravo, 8, 39.
[3] Babakhova, L.G., Podroikina, I.A. 2013. Nakazanie v protsesse obshchestvenno-istoricheskogo razvitiya [Punishment in the Process of Social and Historical Development]. Nauka i obrazovanie: khozyaistvo i ekonomika; predprinimatelstvo; pravo i upravlenie, 8, 14.
[4] Barvin, N., Belisle, S. (1982). Adolescent Gynecology and Sexuality. New York: Masson Publ.
[5] Bundaeva, O.A. 2009. Nravstvennye osnovaniya nakazaniya. Avtoref. diss… k.f.n. [Moral Grounds for Punishment (Ph.D. Thesis Abstract)]. Mordovian State University named after N.P. Ogareva, Saransk. (p. 19).
[6] Dzhansaraeva, R.E. 2006. Problemy borby s prestupnostyu v ispravitelnykh uchrezhdeniyakh: Monografiya [Problems of Combating Crime in Prisons: Monograph] (p. 9). Almaty: Economika.
[7] Grebenkin, F. 2006. Obshchestvennaya opasnost prestupleniya i ee kharakteristiki [Social Danger of the Crime and Its Characteristics]. Ugolovnoe pravo, 1, 22.
[8] Gumanizatsiya ugolovnogo zakonodatelstva v Kazakhstane vtroe sokratila tyuremnoe naselenie [The Humanization of Criminal Legislation in Kazakhstan Reduced Three Times the Prison Population]. 2016. https://www.zakon.kz/4830201-gumanizacija-ugolovnogo-zakonodatelstva.html (accessed November 5, 2017).
[9] Kant, I. 1996. Traktaty [Treatises]. Saint Petersburg: Nauka: 341.
[10] Kozhmukhamedova, G.B., Zavatskaya, E.V. 2015. Razvitie sistemy nakazanii, alternativnykh lisheniyu svobody, po zakonodatelstvu Respubliki Kazakhstan [Development of the System of Punishments Alternative to Imprisonment in the Republic of Kazakhstan]. Mezhdunarodnyi penitentsiarnyi zhurnal, 2, 67.
[11] Mikhal, O. 2004. Sudeiskoe usmotrenie pri naznachenii nakazaniya [Judicial Discretion in Imposing a Punishment]. Ugolovnoe pravo, 4, 36.
[12] Nikiforov, B.S. 2010. Izbrannoe [Selected Works]. Moscow: İZİSP.
[13] Podroikina, I.A. 2017. Gumanizm ne oznachaet beznakazannost [Humanism Does Not Mean Impunity]. Nauka i obrazovanie: khozyaistvo i ekonomika; predprinimatelstvo; pravo i upravlenie, 1(80), 113-116.
[14] Tolkachenko, A. 2010. Predely sudebnogo usmotreniya pri naznachenii ugolovnogo nakazaniya [Range of Judicial Discretion in Imposing a Criminal Punishment]. Ugolovnoe pravo, 4, 218-224.
[15] Ugolovnyi kodeks Respubliki Kazakhstan ot 3 iyulya 2014 goda No, 226-V (s izmeneniyami i dopolneniyami po sostoyaniyu na 11.07.2017 g.) [The Criminal Code of the Republic of Kazakhstan No. 226-V (as amended and supplemented as of July 11, 2017)]. 2014. https://online.zakon.kz/Document/?doc_id= 31575252 (accessed November 5, 2017).
[16] Zaklyuchennykh v tyurmakh stalo menshe, no prestupnost rastet [There Are Fewer Prisoners in Custody but Crime is Growing]. 2016. https://rus.azattyq.org/a/kazakhstan-zaklyuchennie-tyurma-statistika/27657293.html (accessed November 5, 2017).
The Copyright Transfer Form to ASERS Publishing (The Publisher)
This form refers to the manuscript, which an author(s) was accepted for publication and was signed by all the authors.
The undersigned Author(s) of the above-mentioned Paper here transfer any and all copyright-rights in and to The Paper to The Publisher. The Author(s) warrants that The Paper is based on their original work and that the undersigned has the power and authority to make and execute this assignment. It is the author's responsibility to obtain written permission to quote material that has been previously published in any form. The Publisher recognizes the retained rights noted below and grants to the above authors and employers for whom the work performed royalty-free permission to reuse their materials below. Authors may reuse all or portions of the above Paper in other works, excepting the publication of the paper in the same form. Authors may reproduce or authorize others to reproduce the above Paper for the Author's personal use or for internal company use, provided that the source and The Publisher copyright notice are mentioned, that the copies are not used in any way that implies The Publisher endorsement of a product or service of an employer, and that the copies are not offered for sale as such. Authors are permitted to grant third party requests for reprinting, republishing or other types of reuse. The Authors may make limited distribution of all or portions of the above Paper prior to publication if they inform The Publisher of the nature and extent of such limited distribution prior there to. Authors retain all proprietary rights in any process, procedure, or article of manufacture described in The Paper. This agreement becomes null and void if and only if the above paper is not accepted and published by The Publisher, or is with drawn by the author(s) before acceptance by the Publisher.