Legislation of the Republic of Kazakhstan Regarding Criminal Infractions and the Law Enforcement Practice

  • Aibar S. NURKHAN General Prosecutor's Office of the Republic of Kazakhstan Astana, Republic of Kazakhstan


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.


[1] Criminal Procedure Code of the Republic of Kazakhstan. Available at: http://adilet.zan.kz/rus/docs/K1400000231 (Date Accessed: 14/07/2017).
[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.
How to Cite
NURKHAN, Aibar S.. Legislation of the Republic of Kazakhstan Regarding Criminal Infractions and the Law Enforcement Practice. Journal of Advanced Research in Law and Economics, [S.l.], v. 9, n. 1, p. 194-203, sep. 2018. ISSN 2068-696X. Available at: <https://journals.aserspublishing.eu/jarle/article/view/2302>. Date accessed: 05 dec. 2022. doi: https://doi.org/10.14505//jarle.v9.1(31).24.