Legislation of the Republic of Kazakhstan Regarding Criminal Infractions and the Law Enforcement Practice
Abstract
Studying of issues regarding criminal infractions – whether intended or imprudent – plays quite a significant role. Fundamental changes taking part in world economy and politics, globalization processes, as well as internal dynamics of country development, undoubtedly, have impact on national legal framework, including criminal law. Therefore, the main goal of the present paper is the analysis of legislation of the Republic of Kazakhstan regarding criminal infractions and the law enforcement practice. To reach this goal authors have used methods of comparison, analysis and data systematization. As a result it has been found that in Kazakhstan there are at average 4,3 registered criminal infractions per a convict. The term of criminal infraction has appeared in the Criminal Code in 2014 to cover offences of small gravity and administrative violations that cannot be referred to the sphere of state administration. Authors have revealed the punishment in the present day Kazakhstan is not a main form of criminal responsibility realization. In the majority of cases linked to criminal infractions the persons committed them are relieved from criminal responsibility at the stage of prejudicial inquiry.
References
[2] Decision of February 21, 1984 by the case of Ozturk against Germany. Available at: http://europeancourt.ru/resheniya-evropejskogo-suda-na-russkom-yazyke (Date Accessed: 08/01/2017).
[3] Deppe, J. 2006. Administrative law, administrative offences and the components of tax crimes: Report at the joint seminar of the Supreme Court of the RK, Judicial Academy and German Company on Technical Cooperation. Available at: https://journal.zakon.kz/203550-administrativnoe-pravo-administrativnye.html (Date Accessed: 08/08/2017).
[4] Golovko, L.V. 2013. Correlation between criminal offences and administrative violations in the context of criminal matter concept. International Justice, 1(5): 42-52.
[5] Golovko, L.V. 2017. Analysis of the concept of the Criminal Code of the Republic of Kazakhstan project. Available at: http://www.zakon.kz/4480131-analiz-koncepcii-proekta-ugolovnogo.html (Date Accessed: 09/13/2017).
[6] Luneev, V.V. 1995. Criminal control: whether the indicators are reliable? State and Law, 7: 89.
[7] Morrison, K. 2017. Community Punishment: European Perspectives. Criminology and Criminal Justice, 17(5): 643-645.
[8] Official web-site of the Committee on Legal Statistics and Special Records of the Public Prosecution Office of the Republic of Kazakhstan. ‘Legal statisticsʼ information service. Report No. 1-M ‘About registered criminal violationsʼ. Available at: http://qamqor.gov.kz (Date Accessed: 08/11/2017).
[9] Problems of reduction and the number of ‘prison populationʼ of Kazakhstan for the recent 10 years: dynamics and reasons for its fluctuations. Astana, 2012. Available at: http://online.zakon.kz/Document/?doc_id=31295297&page=2#pos=0;114 (Date Accessed: 08/15/2017).
[10] Raroga, A.I. 2016. Quality of criminal law: problems of General part. Moscow: Prospect.
[11] Resolutions of the Congresses of the International Association of Penal Law (1926-2004). Nouvelles etudes penales. 2009. Toulouse, 21: 129-148.
[12] Rules of receiving and registration of application, message or report about criminal offences, as well as of keeping of the Unified register of prejudicial inquiries. Available at: http://adilet.zan.kz/rus/docs/V14W0009744 (Date Accessed: 08/15/2017).
[13] Schneider, I.G. 1994. Criminology. Moscow: Progress-Univers.
[14] Sharpe, G. 2017. Sociological stalking? Methods, ethics and power in longitudinal criminological research. Criminology and Criminal Justice, 17(3): 233-247.
[15] Ulmer, J.T., Johnson, B.D. 2017. Organizational Conformity and Punishment: Federal Court Communities and Judge-Initiated Guidelines Departures. Journal of Criminal Law and Criminology, 107(2): 253-292.
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.